Providing proof to CSEA (Child Support Enforcment Agency)


#1

Earlier this year I had a child support court date to set the amount that I would have to pay. In that child support court date the mother claimed that she had the children 80% of the time. I pleaded with the judge that was untrue and didn’t have really any proof to back up my claim. So naturally they sided with the mother.

My question is this how do I prove her incorrect in the court system/CSEA. It’s only been just around/about 210 days this year and I have had the children for 146 nights so far this year. I have a calendar with all of the nights they have been with me. What else should I do? Right now I pay as if she had them 80% and I have 20%. I feel that I should have a full 12 months invested as proof before I file an deviation from the original order.


#2

Clearly your child support obligation needs to be revisited if you are paying an amount reflective of your only having the kids 20% of the time. I would file a motion to modify child support, there is no need to wait the full calendar year. It will take some time before you can have a hearing, so the sooner you file to modify the sooner you will be reached. Be prepared to put on whatever evidence you have regarding the overnights you have had so far this year. Your calendar with the days marked which you have the children, your testimony, testimony of 3rd parties, any receipts that might be indicative that you had the kids that night, etc. You will have the burden of proving that there has been a substantial change in circumstances since the original order.