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Author Topic: CA Child Support Hearing  (Read 1626 times)

forthekids24

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CA Child Support Hearing
« on: Jan 03, 2007, 01:44:24 PM »
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.

Questions:
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


forthekids24

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CA Child Support Hearing
« Reply #1 on: Jan 03, 2007, 01:44:24 PM »
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.

Questions:
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

socrateaser

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RE: CA Child Support Hearing
« Reply #2 on: Jan 04, 2007, 12:05:21 AM »
>Questions:
>1) Will DCSS impute mothers income at minimum wage?

Yes, unless you have objective evidence to support a higher earning capacity. DCSS won't spend the time to try to prove this, unless it's really obvious and easy to do.

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

I don't know. What info did they request?

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

No. Financial hardship is only relevant to the paying parent.

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

Only if the other parent is objectively proven to be physically or mentally incapable of working. Otherwise, you will get support based on minimum wage.

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

Means that your income is zero for purposes of calculating support. However, you can't just sit around and not seek employment, or the other parent could presumably make a case to impute your income. As a practical matter DCSS would never impute your income, because that would lower the collectable support. So, it would be up to the other parent, and based on your facts, there's little likelihood of her trying to prove your income should be imputed -- unless she's a frequent visitor here to my board ;-)

 

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