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Author Topic: child support mod CA  (Read 2917 times)

mishelle2

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child support mod CA
« on: Feb 13, 2006, 12:11:35 PM »
Soc,

 have court date for CS mod, in CA (orange county), bm/cp didnt respond to requests for I&E's from DCSS, therefore DCSS submitted to courts the one they have on file,  which is almost 2 years old, You previously said I could write letter to DCSS requesting updated I&E's.

1. I am unsure what to say in this letter, Can it be pretty short and to to the point?
2. I would also like to know, when we go to court can I ask that I claim child on taxes every other year? (parents never married, mother has child 80% father(me) 20%)
3. any other insight?



thanks again..

Oh and previously I told you I was on reserve list for court, I called again and asked what that meant, they said that they had no clue, and that it now showed me on calendar.


socrateaser

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RE: child support mod CA
« Reply #1 on: Feb 13, 2006, 01:25:05 PM »
>1. I am unsure what to say in this letter, Can it be pretty
>short and to to the point?

Tell them you want current documents, and that if you don't get them, that you will ask the court to temporarily modify support downward, based on a presumed income increase for the other parent during the past two years, and further ask the court to continue the matter of setting any permanent support award until such time as you are provided with current I&Es.

>2. I would also like to know, when we go to court can I ask
>that I claim child on taxes every other year? (parents never
>married, mother has child 80% father(me) 20%)

As I already mentioned, there is no economic value to the tax exemptions because the guideline calculations automatically factor for taxes and adjust against them. So, if you get th exemptions, your out of pocket support will be the same as if you didn't have the exemptions.

The only time that there is a benefit is when the custodial parent is not working at all, or so little that her tax liability is negligable.

So, don't waste time on this issue, because it's irrelevant. However, what IS relevant, is making certain that the court recognize that FL has no state income tax, and so the court must manually set Dissomaster to not use the automatic CA state tax calculations in computing the other parent's income.

>3. any other insight?

DCSS has no incentive to get current I&Es, because if your support is lowered, then that's less federal matching dollars for them. I told you that, even if they decide to produce the documents, it will probably happen in the hallway to the courtroom, so that you don't have time to prepare to meet the evidence.

You should have filed your own motion to modify, and demanded discovery directly from the other parent.

mishelle2

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RE: child support mod CA
« Reply #2 on: Feb 13, 2006, 02:03:31 PM »
Soc,

new issue.. CS mod hearing is in April in CA, however, we will have a hearing in FL prior to that date for Visitation issues as mother is refusing visitation. Bm asked Fl court to set support at guideilne amount, my attorney has told her attorney CA has jurisdiction. The only reason I am hesitant to go to Fl guideline is I do not know what the laws are, as mother is asking for college expenses, orthodontic expenses, and that I pay all travel expenses, BM and I were Never married, nor lived together. BM filed this  Aug of 2004, we have been coming to stipulated agreements regarding visitation but nothing on support, she has sent me notes saying if I leave CS where it is she will get creative with the arrears, but to date nothing "creative" has been done.

1.what happens if Fl sets support at Fl guideline prior to CA hearing?
2. Will Fl court set child support with CA having jurisdiction?
3. With bm filing so long ago, would support be retroactive to that date?



socrateaser

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RE: child support mod CA
« Reply #3 on: Feb 13, 2006, 02:32:23 PM »
> she has sent me notes saying if I leave CS
>where it is she will get creative with the arrears, but to
>date nothing "creative" has been done.

What kind of notes? if you can prove this statement, it could be found to be an attempt at extortion, because the other parent is apparently suggesting that you have a right to CS where it is, but that if you manage to succeed, that she will find away to create an unjust arrears. This is something that your attorney should be aware of, because if this were admitted on the stand it would go directly to that parent's character and fitness to parent, and to her credibility and honesty as a witness.

>1. what happens if Fl sets support at Fl guideline prior to CA
>hearing?

FL cannot use FL to set your support, because you have never lived in FL, and you lack the necessary minimum contacts with the jurisdiction to make it fair that you be subject to FL law. FL can, however, calculate support based on CA guidelines and make an order in consistent with CA law.

And, that order could be submitted to DCSS with a request to withdraw its modification action on grounds that the issue is moot, and has already been decided by another court of appropriate jurisdiction.

>2. Will Fl court set child support with CA having
>jurisdiction?

It can, as long as it does so consistent with CA law. However, the FL court may simply defer the matter to CA for consideration, in which case, your CA CS hearing would determine your support obligation.

>3. With bm filing so long ago, would support be retroactive to
>that date?

Yes, and if you believe that you will be hit with a large arrears, then I suggest that if the FL filing is more recent than the CA filing, that you seriously consider expressly submitting to FL jurisdiction for support calculations (which will be cheaper, as CA is the most expensive jurisdiction for child support). In return, the other parent must agree to withdraw her action. Then, the date of the FL action would take precedent as to the date for retroactivity.

This is just like taxes, btw. If you believe that you will have a substantial arrears amount, then you should be saving a reasonable estimate of that money every month with the idea that it's not yours, and that you will eventually have to pay it out.

If you don't, you're gonna be one unhappy camper when you get the bad news -- and it will definitely be bad.

mishelle2

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RE: child support mod CA
« Reply #4 on: Feb 13, 2006, 02:55:57 PM »
soc,

I received a letter from her attorney to my atty stating if I agreed to leave current support as is bm would get creative with arrears, I owe her arrears, from not being able to make full current cs payment and everytime I tried to modify I was denied due to no change in circumstance, even though the amount was set at a proposed income. However I have paid full current amount + some of arrears every month for past 5 years, so arrears is from 6+ years ago.

So as for the filing date being Aug 2004 in FL,  I would be getting a credit towards arrears and interest for last 2 years would have to be earased, as CS will be going down. I wouldnt have to pay her. Fl filed in Aug 2004 CA in Nov 2005 I filed for mod in CA  through DCSS her in Fl through court.

It appears that regardless of who has the case the support amount will be modified downward, I just dont know what FL usually gives for addtional support.
questions.

1. Could I (my attorney) submit guideline papers from nolotech to Fl court and ask that they set support amount according to CA guideline during visitation hearing?

2. Should  I just submit to FL jurisdiction?

3. any other suggestions?


one more ..
 4> Could I present the letter from her atty to the CA courts as evidence that she knows of the current case, and is intentionally withholding I&E's as she knows she will get less support.?

 ( we know she is aware there is a mod in CA taking place, however she is ignoring it thinking that if she doesnt respond with new I&E's they will not decrease her support. )


socrateaser

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RE: child support mod CA
« Reply #5 on: Feb 13, 2006, 05:22:34 PM »
>1. Could I (my attorney) submit guideline papers from nolotech
>to Fl court and ask that they set support amount according to
>CA guideline during visitation hearing?

First, federal law prohibits retroacdtive modification for support for any date prior to the date of filing for the modification. However, when support is modified downward, all courts do not give any retroactive credit for support paid or due after the date after filing for the modification. That is, the court will apply the law so as to maximize the amount of support to the child -- upward mod, full retroactivity to the date of filing -- downward mod, no retroactivity.

Yes, your attorney could submit the nolotech paperwork.

>2. Should  I just submit to FL jurisdiction?

I would go with whatever is less expensive, and I'm betting that's FL.

>3. any other suggestions?

no.

>one more ..
> 4> Could I present the letter from her atty to the CA courts
>as evidence that she knows of the current case, and is
>intentionally withholding I&E's as she knows she will get less
>support.?

If you intend to submit to FL jursidiction on the support question, then whether or not she discovers the I&Es is irrelevant. If not, then you can use the letter as evidence of her knowledge of the CA case. However, CA law provides that any formal request for discovery re support (but not custody) served on DCSS is rebuttably presumed to be effective service on the other parent, so, it's up to her to show that she never received notice from DCSS. And, your letter doesn't actually show knowlege that she must provide I&Es, however, if she's had to do this in the past, there's no reason to think that she should have forgotten.

mishelle2

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RE: child support mod CA
« Reply #6 on: Feb 14, 2006, 09:05:54 AM »
First, federal law prohibits retroacdtive modification for support for any date prior to the date of filing for the modification. However, when support is modified downward, all courts do not give any retroactive credit for support paid or due after the date after filing for the modification. That is, the court will apply the law so as to maximize the amount of support to the child -- upward mod, full retroactivity to the date of filing -- downward mod, no retroactivity.


1. The filing date for the mod in FL was Aug 2004, but since it will go downward, no retroactive credit?

Thanks for all the help, I will ask my atty in Fl to present the nolotech to the judge at our visitation hearing, and ask him to set support according to CA guideline, hopefully my atty will be comfortable doing this, if not I have the other hearing in CA in April. (which I am pro se)

socrateaser

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RE: child support mod CA
« Reply #7 on: Feb 14, 2006, 09:38:25 AM »
>1. The filing date for the mod in FL was Aug 2004, but since
>it will go downward, no retroactive credit?

Nope. Not, unless you can show bad faith on the part of the parent, and even then, public policy favors support to the child, so I would be surprised if the judge would order retroactive in your favor. The cards are seriously stacked against you.

>Thanks for all the help, I will ask my atty in Fl to present
>the nolotech to the judge at our visitation hearing, and ask
>him to set support according to CA guideline, hopefully my
>atty will be comfortable doing this, if not I have the other
>hearing in CA in April. (which I am pro se)

You should check the difference between FL and CA support, because if you submit to FL jurisdiction for support, then you may end up with a lower bill, because FL support guidelines are lower. In other words, it may be better to let the FL court use FL guidelines, even though you are entitled to force the court to use CA guidelines.



mishelle2

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RE: child support mod CA
« Reply #8 on: Feb 14, 2006, 10:20:29 AM »
1.Do you know of a Fl Child support Calculator? So I can run the numbers.
2. If I choose to let Fl Court use Fl guidelines, then what happens to court date in CA?
3. Would I just submit order to CA DCSS prior to hearing?
Thanks


socrateaser

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RE: child support mod CA
« Reply #9 on: Feb 14, 2006, 12:11:16 PM »
>1.Do you know of a Fl Child support Calculator? So I can run
>the numbers.

No, sorry. Except for CA, other state guidelines use tables or fixed percentages, so they are much easier to calculate and a spreadsheet program will generally suffice. So, check the web and see what's out there.

CA support guidelines are incredibly complex, based on a linear multivariate formula, plus the effect of federal and state income taxes, exemptions and deductions. Thus, they cannot be done without a computer (at least not without substantial time and effort).

>2. If I choose to let Fl Court use Fl guidelines, then what
>happens to court date in CA?

You withdraw your request for the modification on grounds that you voluntarily submitted to the jurisdiction of the FL courts, the court has ruled, and so the CA action is moot (no justiciable controversy).

 

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