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Topics - forthekids24

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California State Forum / Posted to Soc also...
« on: Feb 02, 2004, 01:33:11 PM »
... but I figured I would see if anyone here would know how to do this...

Dissolution only Jan 1996, bifurcated from property and custody.  Custody agreements reached and filed. Marital Assets (only some furniture and kitchen appliances) were divided, no agreement was filed.

I have tried to negotiate a settlement on the marital debt many times over the years with my ex.

I don't see any other resolution then taking it through the courts.

1) What do I need to file to get the marital debt process started again?


BM works for Countrywide, she was paid a bonus every month until she got a new boss.... and started dating that boss.

The CS is based on her bonus earnings.

Does anyone know how Countrywide specifically calculates and pays the bonus to the people that support the loan agents?

We suspect that her boss is paying for her house and not putting her "bonus" on paper so she doesn't have to pay CS.



Child Support Issues / Alimony
« on: Jun 04, 2004, 09:27:48 AM »
State of CA......
Does anyone know if alimony from a subsequent marriage is considered "income" from a CS perpective?



Child Support Issues / Arrears
« on: Apr 29, 2004, 12:51:19 PM »
DCSS filed the CS paperwork 1/27/04.  Even though there is not an amount set now, I know it will be retro to that date.

Will arrears automatically be put on the amount due once it is set?

Example:  They decided on $200/ month.  Will a check need to be cut for the $200/ month, plus arrears on the day it is ruled on?


Dear Socrateaser / CA Child Support Hearing
« on: Jan 03, 2007, 11:44:24 AM »
Santa Clara County, CA

Emergency hearing in 2003 granted full physical custody to father, parents continue to have joint legal with father having full decision making authority on school.

Result of the emergency hearing time share became 75% Father/ 25% Mother.  No child support was ordered, but Mother did agree to pay for ½ of childcare expenses and ½ of uncovered medical expenses as part of the 2003 hearing. (these amounts are still un-reimbursed by mother)

Mother moved from Santa Clara County in April 2006, time share became 85% Father/ 15% Mother.
I opened a case with DCSS in Sept 2006 after mother and I could not agree on a child support amount. Child has been undergoing a significant amount of medical testing recently.

Mother is fully supported by new husband, they have an agreement that she be a stay at home mom.  Mother worked in previous marriage (and up until she because pregnant in 2003) as a waitress.

I received notice of a DCSS hearing scheduled for February.

1) Will DCSS impute mothers income at minimum wage?

2) What information should I bring to the hearing besides the information DCSS has requested I ?

3) Will DCSS take in to account that I have another child that has medical problems that cause a financial hardship?

4) Is there a chance that there will be no support ordered from Mother to me?

5) I just lost my job at the end of December, how will this impact the hearing?

Thank you

Dear Socrateaser / Adjusting imputed income
« on: Jul 27, 2006, 01:52:25 PM »
BM stipulated to an imputed income which was about 30% higher than she was currently making for the last CS order (Nov 2005).

BM has recently stopped working, I believe she is pregnant.

1)  I thought I read somewhere that if you stipulate to a higher income, that you can not reduce it, is this true?

2) If this is not true and she can file for a CS reduction, what would be my best argument?  

I don’t want to be stuck paying her CS because she has now decided to stay home.


Dear Socrateaser / Private School costs
« on: Jul 24, 2006, 11:05:51 AM »
Oct 2003 stipulation states that parents shall split the cost of private school 50/50 with Mom reimbursing Dad for those costs.

Mom filed OSC in Aug 2005 to reduce her share of the for private school costs to zero.

Judge ordered that based on Mom’s new salary Mom would responsible for “32% of the private school costs for the 2005-2006 school year only”


1) Is Mom still responsible for a % of the school costs?

2) If yes, is she responsible for 50% or 32%?


Dear Socrateaser / Paystub exchange
« on: Jul 12, 2006, 11:32:01 AM »
Santa Clara County

Ex and I have a court ordered stipulation which states that each party shall exchange current pay stubs by the 5th of each month.

Ex has been employed since April, and is refusing to provide pay stubs.  She is claiming she has not received one, but then will reference a pay stub in a different conversation.  The children told me that she cashes her paycheks.


1) In an effort to avoid incurring any additional legal fees for me, can I contact the employer and provide a copy of the court ordered stipulation and ask for the copies?

2) Would this possibly be considered harassment if I contact her employer?


Dear Socrateaser / Santa Clara County CPS
« on: Jul 11, 2006, 11:47:20 AM »
I have sole physical custody and joint legal of DS with ex.

Ex has been in an abusive relationship for years.  DS sees a therapist on a regular basis.  DS admitted to therapist that Step-parent abuses him mentally and physically at Ex's house.

Therapist reports to CPS and they opened investigation in their county and in mine.  Their county never interviewed the Step-parent, only interviewed my EX.  My county interviewed son at my house and found consistency of his story with "other" investigations they had on file regarding step-parent.  CPS recommended that DS still go to Ex's house for week in summer, so they could interview him up there.

DS came home from Ex's with bruises on him and his head shaved.  (This is the Ex's way of retaliation, humiliating DS)  DS told me that Ex and Step parent held him down to shave his head, that is why he had the bruises.  I immediately called CPS in my county since the other case was still open and she told me to call if anything else happened.

DS told CPS on the phone what happened.  I took DS in to see the investigator this morning and DS has recanted the entire story, even told investigator that I instructed him to make up those lies about Ex's new spouse.

I am at a loss, I want to protect my son, but he seems to be completely programmed by Ex that anything "bad" that happnes at their house is a lie.

1) Next steps?  

2)I remember you recommending that a polygraph could help in proving innocence, would it help in this situation?


Dear Socrateaser / Attorney Withdrew
« on: Jun 22, 2006, 09:56:55 AM »
Santa Clara County , CA

I have had primary custody of the children since 1995 when BM left.

BM had every other weekend and 2 afternoons / week from 1995 to 2003 when BM moved from the bay area.

BM and I then stipulated to update the parenting plan to give her 1 weekend / month.

Feb 2005 BM moves back to the Bay Area and wants to return to the 1995 schedule (but the 2 afternoons would be overnights).  I did not agree.

BM started court action Apr 2005.  We had a JCC in August and I agreed with BM having every other weekend and one overnight/ week.  BM was still pushing for the EOW and 2 overnights/ week.  Judge ordered us to assessment.

BM dragged the kids in to the assessor in Dec 2005 and made them tell the assessor that they wanted what BM was asking for.

I did not want the kids to be stressed out, so I made the offer in Dec 2005 to BM to give her the schedule she was looking for.  The assessor withdrew from the case in Dec 2005 since all sides communicated that we were coming to an agreement.

BM never responded to the new stipulation that my lawyer drafted and sent over in Dec 2005.  Her attorney expressed frustration at her lack of response.

In between Dec 2005 and Apr 2006 I found out that BM’s older (not my) daughter had been sent to a “brat camp”.  I began having second thoughts about the offer that had been made in Dec 2005.  My lawyer advised that we should wait to see their response before making any changes to the offer.

Fast forward to today.  I just received notice that BM’s attorney has withdrawn from the case.  BM has not said another word about the 2 overnights/ week.

I have the order from Aug 2005 that spells out everything, Visitation and Child Support.  I am happy with things staying the way they are.

1) It is my understanding that she will have to start over again to change things, is this right?

2) If BM decides to push the 2 overnights/ week again can I use the lack of response against her?

3) Can BM use the draft stipulation to show that I was agreeable to the schedule at one point and push to have it ordered?

Thanks for your help

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