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Messages - illogical

#1
Thank you for the response.  I spoke with several attorneys and at the end I chose to represent myself.  What I really needed help with was procedural and a sound strategy.  I got both and was prepared well before I went there. 
I really don't think Experience attorney means much in child Support cases,  if one is willing to read the state laws, case studies, and do some research on line.  I also think much of what happens in court is related to judges discretion since family laws are a lot looser than criminal law.  Most judges don't really care to get to the bottom of things instead they glimpse over the material and quickly , they want to make a decision.  This is precisely why one needs to have a sound and verifiable argument that is aligned with family court laws.  Tactically it is also important when, and how to argue the case. 
By calling several attorneys a common pattern will start to emerge, I also  the ca.  Law library website very helpful for review case studies and papers on the subjects.   


If anyone has experience in court where the judge accepted or rejectied subpoena document on a case where parent 1 was fired after 26 yrs please share.  I want to know what is acceptable and what is not in the eyes of judges. Under what circumstances would the judge reject examining the subpoena ordered.  Again I have the Subpenea documents but the judge asked me not Tom open the documents until the next court date in July.


My strategy is to file a response and make a strong case for to impute my Ex Income on the bases of earning capacity (Electrical Engineer, 26 yrs of industry exp.   MBA, , 53 yrs of age, no health issues).  The employment opportunity is ver high in San Diego given all the high tech, def. contracting, Solar and etc.  I know that because I monitor many job sites and apps for opening. 

Any feedback on electrical engineering market and associated careers in San Diego would be greatly appreciated. 
#2
What would be a logical rejection by the judge for not allowing subpoena documents from my Ex. employer to be examined by me before I prepare my response.

I subpoenaed my Ex. employer for HR documents to the circumstances of her firing.   She had 10 day to object, exactly 2 days before receiving these document she called for Ex-Parte hearing.   Her Ex-Parte motion was rejected but the court asked me not to open the Subpoena document and to bring the sealed envelope to the next court.
The Judge wanted to protect my Ex. in case there are some private information, health and otherwise and therefore she asked me not to open the Subpoena documents. 
There is relevance as to why we need to examine these documents, there is conflicting information and anecdotal references  that indicate she  purposely did not go to work that last two month of 2014 leading to her termination.  There are also clear indication that she wanted to retire as well has no effort to find a job for the past 7 months.

Questions: 
1.  What should I expect from my Ex. in convincing the judge not to allow Subpoena information as part of discovery.  Her argument has been that her HR records are irrelevant, I lost my job and discussing the circumstances is a mute point

2.  Under what circumstances would the judge not allow these documents to be examine by me?
#3
That is correct, I do have an attorney but inexperience.  I will look into an appointment with an experience attorney.
I have been feeding legal information regarding ca. family codes and I am constantly learning and becoming educated on the laws.
My attorney will pick up the Subpoena forms tomorrow and we will be serving my ex. on Friday.  From there she will have 10 days to respond and if contest it then we will need to go to Judge and get her approval before we can ask the her employer for HR information.

I believe I have all the detail about her income, I have gathered all the pertinent information about her rental properties and mortgages.  Interestingly enough from 3 years ago until her last income and exp. form 1.5M has come into that house hold.   Even two years ago they had a 550K mortgage now at zero.  600K was spend for down payment of 3 rental  properties and another 500 K was spend to bring the resident mortgage to zero.

Question is where are the sources of all these cash?
What if she claims these all belong to her husband.  Just to remind you when I got divorced she had over 1M in mortgage for her family residence now it is zero.

I also learned that her employer does award pension?
Morey
#4
Here are some major Challenges that I saw:
1.  The Judge did not care about how and why she lost her job.  She just wanted to arrive at the number and started plugging in the numbers
2. We have incomplete and incorrect  information from my EX. regarding her income and exp. form.   In Ca. my attorney has to first serve my Ex for permission to get the HR documents and if she refuses, we then need to take our case with the Judge. I am afraid of this Judge not showing any interest to determine the nature of her termination
3.  I now know that she was for sure fired, she did not go to work for over a month and told the boys she has decided to take time off.  I have to prove this from her employer HR
4.  I also know she did not get along with her manager and co-works and she change department every 3-4 years, no promotions
5.  I also found out that her company offers monthly Pension to their employees based on years of service.

There is no question in my mind she wanted to retire, but her strategy was to maximize her options to get more child support, prolong court ruling for years before the court finally impute her income, receive unemployment and still secure pension

Summary
The question is does she really need to work?  What is the urgency for her to find a position?
1.  Her Husband makes over 220K a year, they have at least 3 rentals, She used to get $1000 in child support from me and now over $3000 based on rough calculations that the judge run
2. Since she was fired she thought she would qualify for unemployment but apparently received only one check and no further checks were issue.  the questions is why, is it because the unemployment agency found out she receive Pension and rental income, is it because she did not go to work and attendance is an issue with the unemployment center

I have done quite a bit of reading, have consulted with attorneys and it all seem to come down to Judge's discretion.  I am prepare to represent myself  but need a compelling story whey the court should approve my request to subpoena her documents. Currently I have an inexperience attorney but next week I will be all on my own. 
#5
I was able to find out through a mutual friend that she indeed got fired.
She worked at Solar Turbines, a great company that you work there for life. Apparently there were multiple layers of complains, disregard for her manger, disrespect of coworkers and etc and precisely why she would change depart every few years.
I also found out based on the number of ys at the company there is a monthly Pension which was also ommitted in the income and exp form
I also found out during the 4 months she was fired she only received one unemoyme check and then an immediate stop on future checks (her statements at the court)
I also found out she had income from 3 rental properties that were also not disclosed in the income and exp. Form

8 years ago when I got divorce she has 900K in home mortgage, in her incom and exp. She showed that her mortgage payment is 259$.  Question is where did she get the funds?
It clear that because her husband makes over 220K per year, hardly any mortgage, income from rental, inheritance and monthly pension plus child support she did not want to be at work and her relationship with her boss was extremely combative.

Major question:  how do I convince the Judge to grant Subpenea for HR documents?
The Judge was truly not interested in hearing any reason or circumstances that led to her termination?
How do I make sure to convince the judge that these information are important ?
#6
Thank you for your response. 
I am strongly considering representing myself, I was not too happy that my attorney did not make a huge case for seeing her documents.  And if I have to 3K every month I wna t to set a reasonable time frame for that giving her the opportunity to find a job. 

I found the experience alarming since all Judge wanted to domes run the numbers.  The Judge has given her an oppertunity to correct her mistakes in the income and exp. form before giving a final CS amount (2800-3200).

Here is a question:
Can family court judge give an order to seek employment records that led to her firing?
Will I need to go to other judges to get a subpoena order?
#7
Unfortunately, the Judge Did not ask her anything about the circumstance of her losing her job.  When my lawyer asked for proof, my Ex flash a paper with one line.  She insisted that she was fired from her high paying job after27 years.  She claimed she had received one unemployment check in the past 4 month and then the checks stopped. The Jugge run the number based on her incorrect income and exp. filling.   
Based on all this another hearing was set for 3 wks out and the Judge ordered her to submit correct Filling of income and exp.  she had omitted a number of income that we called her on.

I would love some help in the following:
1.  How would I convience the judge for an order to understand circumstance that lead to her losing her job.
2.  I am still convienced that she got early retirement but it appeared it did not matter for the Judge.  Based on her statements and mine my child support would go up 2K starting April 1 once the judge has a chance to review her corrected income and exp form.

3.  The Judge stated that 3 month is not sufficient for her to find another high skill, high paying Job.  How much time is reasonable for an engineer with an MBA?
4.  Let's assume she does not get a job close to what she was making, let's assume it is 50% of what she used to make.  What would the judge use for her income, 50% of earning capacity?
5.  I am thinking of representing myself on the next hearing, I feel with me doing the research and knowing her I call her BS and argue my case
6.  I am thinking of achieving all the related open position for the next court date

7.  How can I legally obtain HR employee files related to her leaving.  I just want to know if truly she was fired

Please send your comments


#8
Thank you Ocean, I love your wisdom and valuable comments.  Your statement about family court is right on.

She does not have a lawyer, I have hired an inexperience attorney who is fresh out of law school but has done a few family court cases and has done his homework.  He charges me $150/hr and he is very reasonable and we know each others family well.

For this hearing my attorney will go with me but if there are subsequent ones before the trail I will appear on my own.

Just to clarify, I will have no problem paying more, I just know my Ex. deceptive and dishonest tactics.   I also want to be prepared and whatever happens as long I am prepared to defend my position, all is good.
#9
My court date is next Monday.  Speaking to attorney he believes that the judge will set a trial,date since my Ex. Has no proof and no detail explanation as to why she lost her job.

I am wondering why wouldn't the court make a judgment of no change in CS since there is no major drastic circumstance that requires that we should go to trial. 

Wouldn't the jugde ask my Ex to explain what were the details around Losing a job? 
Would the judge require some type of documentation before upholding or modifying the order?
#10
I really doubted that she got fired for the following reason "obviously speculating"
1.  She worked at this very reputable company for 27 years
2.  Her current husband (The person she had an affair with) is a high level director
3.  I have email communication that goes back to 9 months ago alerting me that she is thinking of retirement
4.  about 8 months ago, her husband wrote another email to tell me " I cant wait for her to retire so you are forced to pay 3K/month, and that would be the first your took care of your kids"
5.  I pay $1000 currently and somehow her husband calculated based on her work status I would have to pay 3K
6.  I am guessing she accepted the early retirement package that included severance and that is exactly why she  does want to show any documentation
7.  You really have be blatantly negligent to get fired for a corp. company that you have worked for 27 years