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Author Topic: Child support modificatin  (Read 17273 times)

illogical

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Child support modificatin
« on: Apr 02, 2015, 05:33:30 PM »

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Child support

« on: Today at 02:19:12 PM »



Hi Everyone I am new to the Forum and would love some help.
I have been divorced for 8 years and have two boys 14 and 16.  I have 50:50 physical /legal and shared custody.
My Ex. is  an Electric engineer with an MBA who has worked for a very reputable company in San Diego for over 27years.  A few days ago she served me the court papers requesting modification and recalculations for more child support because she sates that "says she lost her job".
I already pay $1000 a month for child support plus more than half of all expenses.   I have a good job and work very hard for my accomplishments.  She emailed me 8 months ago to give me a heads up she is retiring.  Her husband send another nasty email 7 months ago  that he can't wait for her to retire so I am forced to pay more  child support and he had his calculation at $3000?  how I don't know!. Her husband holds a high position in the same company and she has had a very good reputation working there.
 I really doubt that she lost her job and she is only 53 years of age.
In her exp. declaration she has indicated ZERO for her income and she states she has not  received any unemployment and that she is looking for a job.
I am heading to court next week  and need to argue her intent and earning potential.  I also believe she has gotten early retirement package (not sure she wanted to get early retirement or it was offered to her).
If any of you have had similar case would you please comment on the following:
1.  What are some of the strongest argument one should make to the court? what is the best way to determine  the nature of why she has lost her job?
2.  How can I convince the court about her obligations?
3.  Will the judge grant a court order for me to get the employment files from her company to understand what she was offered
4.  Neither the boys nor her has any special need or medical issue.  What should be communicated to the judge to make my case stronger.
 


ocean

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Re: Child support modificatin
« Reply #1 on: Apr 02, 2015, 06:16:50 PM »
Court should be asking her to bring at least last years taxes with her. She has to prove why there is a change of circumstances with documentation.
Does she have a lawyer?
Ask lawyer or her for copies of her termination papers and unemployment paperwork (that will prove if she is telling the truth).
If she really retired, then copies of that paperwork with pension (her age may have to do with her not collecting until 55 though?).

If she retired early, I would argue, she knew her obligation to the kids and took an early retirement package. That you would be happy to increase custody time if she can not afford them any longer.

Might be worth you to hire a lawyer for court only for this one. Tell lawyer that you want to hire/fire him so you only pay for court appearances and not letters and other stuff back and forth in-between.

illogical

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Re: Child support modificatin
« Reply #2 on: Apr 02, 2015, 06:35:24 PM »
Thanks you so much for these very insightful responses.
She does not have a lawyer.  I have a lawyer inexperience but ver eager and does his homework.

Thank you

MixedBag

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Re: Child support modificatin
« Reply #3 on: Apr 03, 2015, 02:22:29 PM »
get to know the California CS calculator and what makes CS  go up and down and play with it.

I believe that "time spent with the children" factors into it AND somehow so does the spouse's income when determining tax bracket....not the income itself.  I might be wrong, but for some reason I remember California calculations not being straight forward like other states and a bit more complicated.

http://www.supportguidelines.com/resources.html

click through to your state.


illogical

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Re: Child support modificatin
« Reply #4 on: Apr 04, 2015, 09:54:19 AM »
Thank you for the response.
What would happen if she claimed that her employer forced her into early retirement?  How does California law interpret this and what negative CS consequence will it have for me or her.

I am just hoping that the judge would ask her specific sicumstance to her "losing" her job after 27 years.   I wonder if judge require paper work and if so, I beleive have an excellent chance of holing the current court order without any modification.

She states that her spouse makes 20k / mo and I was always under the impression that spouses income is Irrelavent with regard to my children's and CS.  can someone shed some light and perhaps explain if spouses income is a factor in CS?

My last question is, could she take me to court again next month for more child support if she does not find another job?

Thank you all for your response


ocean

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Re: Child support modificatin
« Reply #5 on: Apr 04, 2015, 03:10:04 PM »
This will probably not be done with one hearing especially is she does not have any paperwork with her ( last year taxes, copies of firing and unemployment). Ask for copies of the paperwork if judge does not ask for it. Ask for trail date so you can ask her questions directly under oath. You can also push this off and ask for time to confer with a lawyer and put it off a month. Look up your state child support calculator, some states input spouse income .

illogical

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Re: Child support modificatin
« Reply #6 on: Apr 04, 2015, 03:25:16 PM »
Thank you so much.

MixedBag

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Re: Child support modificatin
« Reply #7 on: Apr 06, 2015, 05:52:03 AM »
I don't remember exactly -- but it has something to do with "net income" vs. gross income available and to get to net income you have to take out taxes....which means the spouses' income helps determine the biological parent's tax obligation.

Oh and is she of "age" and eligibility potentially to retire?  To me, retirement also means she still has income....just now that it's a retirement income.  I was active duty and retired at age 38....and receive income, only it's my retirement, not my normal pay.  I'd ask her to prove it's a retirement and she should be able provide proof.

illogical

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Re: Child support modificatin
« Reply #8 on: Apr 06, 2015, 08:47:15 AM »
 thank you for providing great information.
She is 53 year old, and absolutely no information on her retirement, the circumstances and the terms of in which she calls "I lost my Job".
She has also filled out her exp. report with many errors and income omissions (rental property), savings, 401K, 2014 taxes and etc .
The good news might be is that she is representing  herself, I have an attorney to help me with this court schedule.  He is not very experience and I have shared all your recommendation as well as I have researched the Cal. Family code laws to be fully prepared.
I can see this being  contentious, accusatory, she will throw everything at the court, irrelevant and inaccurate information, she will cry, get angry and she is persuasive.  3 years ago she took me to appellate court for a judge ruling and after I spend 20K she lost the case without any hearing.  She has fired as many as 5 lawyers and loves to create confusion with accusations that I don't buy good clothing for my kids, I don't pay for some of the expenses.  The good news is I have receipts and full documentation if I am allowed to defend these claims.

Kitty C.

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Re: Child support modificatin
« Reply #9 on: Apr 06, 2015, 10:32:15 AM »
Sounds like she got fired and doesn't want anyone to know.  May be why she's not able to provide proof.  You might want to ask her for her 'pink slip'.....and see how she reacts.   ;)  JK!
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

 

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