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Messages - Troubledmom

Pages: 1 23 4 ... 18
11
California State Forum / RE: Support, Discovery, Objection?
« on: Feb 21, 2005, 05:28:01 AM »
The request for documents is standard operation to ensure you have not "fudged" numbers.

It is common practice during spousal and child support proceedings for one or both parents to under estimate the value of certain assets that are considered income or flat out lie about income. The request for documentation is reasonable and failure to comply could have you sitting at the whim of the Judges emotions the day you are in court trying to explain why you didn't produce the documents.

In family law nothing is confidential.

Your Ex-Wife will only have to produce documents your attorney requests through discovery. If you want her to provide the same documents then get your attorney on it.

TM

12
California State Forum / RE: What should I do?
« on: Feb 11, 2005, 03:54:12 AM »
Contact your Counties Family Law Facilitators Office.

http://www.courtinfo.ca.gov/selfhelp/lowcost/flf.htm

tm

13
Child Support Issues / RE: disability as income for cp?
« on: May 03, 2005, 08:02:43 PM »
SSI is for Disabled as well. Here direct from the Social Security website:

The SSI program provides monthly income to people who are age 65 or older, or are blind or DISABLED, and have limited income and financial resources. Effective January 2005 the SSI payment for an eligible individual is $579 per month and $869 per month for an eligible couple. If you are married, and only one person is eligible, a portion of your spouse's income may be counted. In addition, your financial resources (savings and assets you own) cannot exceed $2,000 ($3,000 if married). You can be eligible for SSI even if you have never worked in employment covered under Social Security.

14
Child Support Issues / Just a Thought
« on: May 03, 2005, 07:54:34 PM »
Just a thought, but if you calculated the support based on these figures, it would be better to calculate on the precentage of time the child is in each home rather than the actual income of the parents. Rather than basing it on the income of the parents.




TM


15
Child Support Issues / RE: disability as income for cp?
« on: Apr 29, 2005, 04:09:46 PM »
Uner Title 9 of the Social Security Act, Supplementary Security Income
(SSI) IS NOT countable income. SSDI (Social Security Disability) IS countable income.

SSI requires no previous work history. SSI benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. (SSI is consider NON taxable income)

SSDI payments are specifically based upon the disabled persons work history. To qualify, you must have worked a earn sufficient credits based on taxable work and the amount of SSDI is a precentage of the income you made while working. (SSDI is taxable income)

Hope this helps

TM

16
Child Support Issues / RE: Child Support in a savings account
« on: Apr 24, 2005, 08:00:58 PM »
The term "child support" covers all the economic necessities of life required by a child. These necessities include, but are not limited to, food, clothing, shelter, education, medical care, and other day-to-day expenses.

In many states the daycare expenses are seperate from the child support award and qualify for a seperate order or a larger amount than a guideline support order to cover child care expences. Same with certain medical costs.

But for certain food, shelter and clothing are covered under the child support orders.

If possible get the other parent to put into writing that she is "saving" the child support or check your states recording laws and get her to state on tape that she is "saving" the child support.

By getting it on tape or in writing you have evidence that she has financial resources available that I will just about gaurantee you she has will omit from her financial declaration if or when she goes for an increase in child support.

TM

17
Child Support Issues / RE: We need help!!
« on: Apr 21, 2005, 07:32:55 PM »
California Child Support Calculations takes into consideration any child support paid for other children not of the relationship. So if your husband is paying say $1,700 a month in child support for 2 other children, that amount should be deducted BEFORE the child support for the 3rd child is calculated.

If there are no custody orders and this action is coming from the county child support service office the default time share is 80/20. The only way to get the child support based on actual time share is to obtain child custody orders that clarify the time share.

California child support is calculated using the incomes of both parents and the time share with the child.

Additionally, as I recall in contested paternity cases, if the court orders that DNA testing be done that the cost of the testing is reserved until after the testing is complete and then it is based upon the parents ability to pay.

You may want to have your husband contact the Family Law Facilitators Office in the county where this woman lives. They may be able to assist him in figuring out the complex maze that is the family law courts in California.

Good Luck

TM

18
Deviation Standards for Washington State: RCW 26.19.075
1.Standards for deviation from the standard calculation. (d)
Residential schedule: The court may deviate from the standard calculation if the child spends a significant amount of time with the parent who is obligated to make a support transfer payment. The court may not deviate on that basis if the deviation will result in insufficient funds in the household receiving the support to meet the basic needs of the child or if the child is receiving temporary assistance for needy families. When determining the amount of the deviation, the court shall consider evidence concerning the increased expenses to a parent making support transfer payments resulting from the significant amount of time spent with that parent and shall consider the decreased expenses, if any, to the party receiving the support resulting from the significant amount of time the child spends with the parent making the support transfer payment.

The basic child support obligation, derived from the economic table, is allocated between the parents based on the parent’s share of the combined monthly net income.  Which means that the closer in income the parents are the better chance of getting the deviation for the time share.

Hope that helped

TM

19
Child Support Issues / RE: Child Support Payment
« on: Mar 22, 2005, 08:10:58 PM »
Depending on the state....

In some states you can request a Judicial Review of the Child Support Payments. In a judicial review your letter from your attorney, your cancelled check, etc will be allowed as evidence so long as you follow the rules of evidence in your state, the review is done by a Judge or Commisioner not CSE.

Because different states have different rules, this is generalized. You would need to either contact an attorney in your state to discover what avenues are open to you or post the state you are in where someone may be able to offer some assistance.

Hope this helps

TM

20
Child Support Issues / RE: Child support modification
« on: Mar 10, 2005, 11:32:47 PM »
Ask your attorney about a motion to compel. This is a document filed through the court ORDERING the other party to comply with the production of the records with stiff penalties if they don't.

TM

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