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Author Topic: Child support modificatin  (Read 17256 times)

ocean

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Re: Child support modificatin
« Reply #20 on: Apr 18, 2015, 11:30:14 AM »
The judge is not involved in that, your lawyer would subpoena those records for you. (as far as I know). Why did she only get one unemployment check?

Judge really won't care too much what happened, just who has checks coming in from where to take care of the children. Unless you can prove she deliberately quit to try and make you pay more really nothing more you can do there but...

1. Rental income....at trial ask her about it
2. Mortgage payment- Did she pay off most of the mortgage in the last 8 years? Is she prorating it because she has new husband? Use the divorce info and new paperwork and ask her why the payment is now less than $300.
3. See what paperwork she brings next court date and then ask for trial to move forward.
4. Send her letter (from your lawyer) asking for rental income amounts, copies of last 3 mortgage payments, and copies of unemployment checks to prove income, Ask she send it to you before the court date so you can expedite the next hearing...


MixedBag

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Re: Child support modificatin
« Reply #21 on: Apr 19, 2015, 06:27:34 AM »
I'm also wondering if your attorney can ask that her income be imputed to what it was if she was fired due to her gross negligence on the job -- almost painting the picture that once she married money, her attitude changed and she got herself "fired on purpose" because her new spouse will pay for it all.

your attorney might be able to supeoena (I can't spell that word) the HR department of her previous employer and her personnel records -- and she'll be informed that the information was requested.  THAT might be enough of a threat -- to where she will cave and drop this whole thing -- and it lays the ground work for properly getting this information in front of a judge.

MY EX#2 used that strategy -- listed folks that he thought I'd be afraid of as witnesses -- only I knew he wouldn't actually bring them to court and pay for their airline ticket to come NOR was I afraid of them as witnesses.

illogical

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Re: Child support modificatin
« Reply #22 on: Apr 19, 2015, 02:58:24 PM »
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. 
 

ocean

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Re: Child support modificatin
« Reply #23 on: Apr 20, 2015, 04:41:30 AM »
The job prob fought and won the unemployment by proving she did not show up at work.

Bottom line, child support is run by numbers. If you can prove more money on her end that will make your number go down (rentals). Do you know where the rentals are? Can you have someone ask them who their landlord is, and where they send their checks? Is the rental under the husband's name only?

Since we are talking a BIG jump in child support, why don't you see an experienced lawyer at least one time to help you and possible go to the next hearing to help you. You can pay a lawyer here for one hour of time and ask them if you can hire them for ONE hearing and see what happens. If you win or get some of the $2000 plus she wants extra it will be worth hiring someone in the long run. Once this gets inputted in court, it will be hard to change.

MixedBag

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Re: Child support modificatin
« Reply #24 on: Apr 20, 2015, 05:47:12 AM »
Ocean -- I think he has an attorney.


Kitty C.

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Re: Child support modificatin
« Reply #25 on: Apr 20, 2015, 01:41:12 PM »
He does, MB....but they're inexperienced.  I agree with Ocean, in that at least one appt. with an experienced atty. might give him a better idea whether he's on the right track.
Handle every stressful situation like a dog........if you can't play with it or eat it, pee on it and walk away.......

illogical

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Re: Child support modificatin
« Reply #26 on: Apr 20, 2015, 05:43:33 PM »
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

illogical

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Re: Child support modificatin
« Reply #27 on: May 15, 2015, 02:08:13 PM »
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?

MixedBag

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Re: Child support modificatin
« Reply #28 on: May 16, 2015, 05:45:59 AM »
I'm no attorney, but that sounds logical to me.....did you ever find a "more experienced" attorney?

I think I'd consider this a win right now.

illogical

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Re: Child support modificatin
« Reply #29 on: May 18, 2015, 10:02:30 PM »
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. 

 

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