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Author Topic: Child Support Motion for Increase....???  (Read 1921 times)

ER

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Child Support Motion for Increase....???
« on: Dec 13, 2005, 10:45:02 AM »
My ex decided she didn't want to pay for CS so with the help of her father filed a moton to change the parenting plan for decision making on medical issues thus soon after that file another motion for residential parent status and so forth. This will continue until they win not matter how may times they lose...

Now, she pays me CS based on only the W-2 forms for one year that we had out trial. I had to have 3 years tax returns to show my proof of income. Question is my attorney never saw my ex's w-2 forms or even bothered to request tax returns thus he took my ex's attorney's figures to calculate CS.

This past July my ex decides she needs money and files for SSI for our child who has disabilities. In the course of this interview the SSI rep needs income either pay stubs or tax forms. My ex hands the SSI rep her pay check stubs. The amounts are far greater than what was "claimed" on the w-2 forms for court. In fact there is an $8,000 difference. Her job does not give out bonuses, or promotions that result in a one year $8,000 increase in salary. In fact evenif she went part time, it still would not be that significant.

I decided to have this information brought in court during our hearing on my ex's motions. I filed for an increase based on mis-representation of income figures which I now feel could have been altered.

I am also asking my attorney to get an order for her tax returns and w-2 forms from her work and have them sent directly to my attorney (new attorney, fired old) since this did not happen last time. I am cocerned that they will make me look greedy just because I am self employed. My thought is the fact that if men can lie, cheat to get out support, why can't women as well??? Why should there be any difference regardless of income or gender.

Has anyone ever been in somthing similar where income statements did not clash or were significantly higher to the point that it was very questionable?


4honor

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In DH's last modification action
« Reply #1 on: Dec 14, 2005, 01:44:22 PM »
BM (self employed) claimed she made $800 a month.

WA state support Registry had a DA involved and they determined that BM made $17 MORE per month than DH.


We got a $163/month reduction and BM got to eat crow, but the courts did nothing to her for misrepresenting her income.

DH and BM are now set at an income share of 50/50 for CS and other financial obligations.

Custody is a horse of another color.
A true soldier fights, not because he hates what is in front of him, but because he loves whats behind him...dear parents, please remember not to continue to fight because you hate your ex, but because you love your children.

ER

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RE: In DH's last modification action
« Reply #2 on: Dec 15, 2005, 05:35:57 AM »


I am self employed and use my tax returns for income in court regardless.

Ex pays primary medical and I pay secondary and we split 50/50 after that. She never has paid her 50 percent when submitted bills to her.

Do not know what courts will do or thing about the different figures from one year to the next. I could be wrong or I could be very right as to the difference. I have evidence of what she reproted now, but there is a possibility that her attorney did somethig to alter the W-2's

She also just bought a house for over $130.000.00 on a yearly income of $20,000.00 if she is standig by her w-2's. Impossible to get finaced at that income. She put dow $100,000 ad finaced ther rest, I am sure she had help but we are asking for proof of income in court and also subpoenaing her bank account to verify.

It is a mess, but if she lied, she should be in hot water. Judge sternly told us he did not want us back in court!

Do not care if I win this CS or lose but I have to had some offense as sad as it is or I will not have a change given her fiancial support to file motions every so many months.

Shared-parenting in our case is a train wrecj waiting to happen!

 

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