S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Show Posts

This section allows you to view all posts made by this member. Note that you can only see posts made in areas you currently have access to.


Messages - ScottK

Pages: 1
1
Maryland State Forum / RE: Any custody/ cs problems in MD?
« on: Mar 22, 2006, 05:35:16 PM »
Can someone please help me find a legal case or reference to attaching the income of my ex's spouse.
She and I have 50/50 custody after a year long battle against false allegations of abuse where she was able to steal my child from me and have me incarcerated. I worked long hours (90-100/week) to pay for the lawyers necessary to beat these malicious allegations and earned a considerable amount. A year ago the Judge ordered custodial rights returned to me and for me to pay CS based on the amount I earned while I was fighting to regain custody of my child. Two months after getting the CS order my ex quit her $33,000.00/yr job to live off of child support and her new husbands income and stated that she would be seeking a higher order from me now that her income was diminished. She recently filed for that change. My income is reduced to less than half of the amount I was making before custody was restored to me as a direct result of having custody. Even being able to pay the amount set in the existing order is difficult with my household bills. Her husband agreed to support her while she pulls this stunt and his income is $90,000.00/ yr. I know that she is entitled to half of it.
How can I show this as Actual or Potential Income now that she has Voluntarily Impoverished herself?

I found this but am uncertain of the source:

The Ability of the Noncustodial Parent to Pay - The court will look at income from all sources when it decides on the amount of child support. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, etc. If the non-custodial parent marries again, the court will usually not look at the new spouse's income. However, there are some exceptions.

The court will consider a new spouse's income if one of the following occurs:
(1) The parent paying the child support claims that s/he is unable to pay because of debts.

(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owes
the support has left a job voluntarily in order to avoid paying child support.

(3) There is a claim that the parent paying child support is hiding assets.

The Earning Capacity of the Custodial Parent - Both parents have the duty to support their children, not just the paying parent. The court will also look at the earnings of the custodial parent. In particular the court will look at the resources which are available to support the children. The court may also look at your capacity to earn more money. The court may also consider the income of a new spouse when determining child support levels.

The Other Responsibilities of the Parents - The court will also look at the other lawful responsibilities of both parents. For example, if the non custodial parent is paying child support from a previous marriage, the court will consider that obligation also. Necessities of life, such as rent and food will also be considered by the court. However, the court will not reduce child support payments to make it easier for you to pay discretionary obligations. For example, a parent cannot buy an expensive car instead of providing for his or her own children.

If anyone has any idea as to it's source I would really appreciate them letting me know.
Good luck to all.

2
Maryland State Forum / RE: Need legal advise!!!
« on: Mar 22, 2006, 05:33:47 PM »
File papers in the circuit court for custody and visitation. Have the papers served through the sheriff's office. If the mother has taken your child outside of the child's state of residence to confound your attempts at visitation then that would be cause for the judge to grant you custody. That is if you do not have a history of domestic violence against the mother or child. If you can prove in any way that your ex is calling and making threats against you then that too can be used in court.
Good luck.

3
 If you have a true 50/ 50 custody arraingment,
>with the physical custody of the child changing equaly then
>there cannot be child support imputed from one sole parent,


 The reasoning for ordering CS with an equal 50/50 time split was that I made 65% of the income for the year calculated therefor, the judge reasoned, I was responsible for 65% of the expenses. I see it as state forced retroactive prostitution. Making me pay a tramp for booty I got 9 years ago. It sure isn't for my childs benefit.
  My child's mother and I were never married and the reason we split was because she started having an affair with one of the convicts the county sent to work at her jobsite. Her job was to supervise the inmate labor.
I now live in poverty so she can drive a new Town & Country, and go to Gold's Gym, the tanning salon, etc. In the past 3 years I have had to spend over $36,000 in legal fees ($17,000) and child support ($19,272). Until I was able to disprove her malicious lies, and get the criminal charges dropped, and then win back custody, I had to pay $660.00/ month for one child. Now after winning back 50/50 custody after a year long ordeal that finalized in 6-8 to 10 hour days before the Judge, I have to pay this greedy B $286.00/ month.  Now she quits her job to diminish her income and lives off of my money and her husbands income. No, I don't have any documentation of her statement about making me pay her more money. She learned well how to manipulate the system so that she never pays for anything and never leaves evidence.
 I might feel differently if she used my money for my child but she doesn't. She has a new child and he gets diapers, formula, clothes, toys, and her attention. My child is made to go play in the bedroom, or outside because she doesn't want to be annoyed. My child is told she can't afford the items that are wanted or needed. In school my child needed a simple $5.50 recorder to play in music class and she refused to get one. She went to the dollar store and bought this one piece orange toy for my child to use in class. My child was understandably embarrassed. The following week when my custody week began I got the needed instrument.  She has repeatedly violated court orders by hitting my child but there is no proof other than the child's word.  She often belittles me in front of my child and says hateful things like you're an as*%ole just like your father.
  The problem with this is that the judge in this case is opposed to having a child brought into court. After spending over 48 hours on our trial just a year ago the Judge is not happy to see us back. The X just denies that anything happened and tries to act like I am maliciously litigating.
  Her word was all they required to take my freedom for two days, and steal my child from me for a whole year. In this god forsaken state there is no recourse against what she did, and no way to undo it. My only hope is to find the case law that shows how I can prove she is not destitute as she claims. Show her for the greedy malicious pain in the Butt she is. Spousal income is calculatable when a person voluntarily impoverishes herself, I just have to find how.

4
I'm in Maryland and the only time Spousal income is considerable is when the parent responsible for support voluntarily impoverishes themselves and lives off the income of the new spouse.
My problem is that so far in this state the only case laws I can find are where the non-custodial parent has voluntarily impoverished themselves in an attempt to get out of paying support. In my case we have 50/50 physical and legal custody and she has impoverished herself in an attempt to get a higher support award.

5
Can someone please help me find a legal case or reference to attaching the income of my ex's spouse.
She and I have 50/50 custody after a year long battle against false allegations of abuse where she was able to steal my child from me and have me incarcerated. I worked long hours (90-100/week) to pay for the lawyers necessary to beat these malicious allegations and earned a considerable amount. A year ago the Judge ordered custodial rights returned to me and for me to pay CS based on the amount I earned while I was fighting to regain custody of my child. Two months after getting the CS order my ex quit her $33,000.00/yr job to live off of child support and her new husbands income and stated that she would be seeking a higher order from me now that her income was diminished. She recently filed for that change. My income is reduced to less than half of the amount I was making before custody was restored to me as a direct result of having custody. Even being able to pay the amount set in the existing order is difficult with my household bills. Her husband agreed to support her while she pulls this stunt and his income is $90,000.00/ yr. I know that she is entitled to half of it.
How can I show this as Actual or Potential Income now that she has Voluntarily Impoverished herself?

I found this but am uncertain of the source:

The Ability of the Noncustodial Parent to Pay - The court will look at income from all sources when it decides on the amount of child support. Generally your ability to pay does not include calculations of bills and debts such as car payments, credit cards, etc. If the non-custodial parent marries again, the court will usually not look at the new spouse's income. However, there are some exceptions.

The court will consider a new spouse's income if one of the following occurs:
(1) The parent paying the child support claims that s/he is unable to pay because of debts.
 
(2) "Voluntary Impoverishment" - The court may look at a new spouse's income if the custodial parent claims that the parent who owes
the support has left a job voluntarily in order to avoid paying child support.

(3) There is a claim that the parent paying child support is hiding assets. [fn.13]

The Earning Capacity of the Custodial Parent - Both parents have the duty to support their children, not just the paying parent. The court will also look at the earnings of the custodial parent. In particular the court will look at the resources which are available to support the children. The court may also look at your capacity to earn more money. The court may also consider the income of a new spouse when determining child support levels.[fn.14]

The Other Responsibilities of the Parents - The court will also look at the other lawful responsibilities of both parents. For example, if the non custodial parent is paying child support from a previous marriage, the court will consider that obligation also. Necessities of life, such as rent and food will also be considered by the court. However, the court will not reduce child support payments to make it easier for you to pay discretionary obligations. For example, a parent cannot buy an expensive car instead of providing for his or her own children. [fn.15]

If anyone has any idea as to it's source I would really appreciate them letting me know.


Pages: 1
Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.