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from our experiance CA does not take in to account a new spouses income. The only thing that the courts will look at is the new tax bracket.
His income might up her tax bracket but it is not his imcome that will lower or rase child support. The higher tax bracket would actually typically lower your CS as it would appear she makes a bit more.
The courts will also look at medical paid by either party, time spent with children and how many dependants either party has.

From what you wrote, the cost for her to insure the children is less than $112.50. Therefore I read the orders to state that she should have been paying for healthcare ins for both children since reciept of the order or shortly after.

If insurance is availabe through your work for less than 149.75 then I read that you too should be carring and are required to carry ins. on the children.

I would 1st broach the issue of her insuring the children with her. If you aren't satisfied with that, then you can and would have to file contempt charges to "enforce" her having to insure both children.

try the calculator here. CA does base it's CS on time spent w/each parent.
You will have to play around with the calculator since you will have 2 kids and her 1... hope you find it useful!

http://www.dadsdivorce.com/resources/calcs.php

If she works file with the D.A.'s office to have the child support and arrears taken out of her paycheck. If there is a CO for CS there is nothing they or she can do to prevent them from garnishing her paycheck.

Children, other party and self all reside in Ca.

Ca courts.

Custody revisited and settled 2 weeks ago.

Orders from 2 years ago that the judge expressly stated he would enforce 2 weeks ago state "Ex is not to gain emplyment in AV school district. If Ex does, then children shall have to go to another school"

Ex just accepted a job within AV school district.

Children are due to start school Aug. 7th.

If I file an OSC it will not be heard until late Aug.

1) what is the criteria used for an Ex-parte hearing?

2) what forms must I file for and Ex-parte

3) would this be better to file contempt charges on?

Thank you in advance!

I spent 2 years in CA (San Bernardino) court fighting for 50/50 custody and won.
Just over a year ago we had our last court date.

I live in the best school district in the area and was requesting that the children attend school here. EX is a teacher employed in the worst school district in the area and wished for children to attend at her school of employment.

While I brough documentation showing that my School District was FAR better EX refused to agree to them attending here. (a 5 minute drive from her employer)

The judge frustrated with seeing us order mediation... nothing resolved... and then decided to punish us both by not giving us either option and ordered the children to attend in the school district of her residance (mediocore for elementary, substandard for JH and HS).

I have been happy and involved at their elementary school. However my oldest is getting ready to attend Middle school and I haven't heard anything good about the Mid. School or HS in my EX's district... including from teachers that advise me to have children attend in my district.

I travel 120 miles a day to take my children to school while in my custody. This is tediouse and tiring, but they are worth it. It is frustrating to think my EX could drive 5 miles out of her way and the children could obtain a better education. (further frustrated knowing she is a teacher)

We have fought in the county court and now that we both live in the same area I would like to have case transfered locally.

If I file early next year (so as to have settled prior to the next school year starting) is there possibility that a local judge; familiar with the school districts, would reconsider and order the children to attend in my school district of residence?

Is it worth it to fight for this or will the courts be inclined to view this as a waste of their time?

The new orders were all agreed upon in full and enacted w/out formal order. Now there is one point that is not in agreement. What would you suggest?

The one sticking point is still being enacted upon as if agreed. Do we file for modification on all agreed points and have to go to court for the one point at issue?


Do we leave out the now disputed item or include in in the new order?
Thanks in advance!

Soc,
In a thread titled Need help on how to make change dated Tue Sep-20-05 05:46 PM you wrote

"...because I expressly provided that all current orders not modified by this stipulation shall remain in full force and effect."

Can you give me the wording of this? We are currently modifing our orders and have agreed on everthing except one point.

The new orders were all agreed up in full and enacted w/out formal order. Now there is one point that is not in agreement. What would you suggest? As there is now one point (still being enacted upon as if agreed) do we file for modification on all agreed points and have to go to court for the one point at issue?

I have been trying to figure out how to word that all current orders not modified remain the same. I would appriciate your help. Thanks.

I think she can as she would have a legal permit authorizing her to do so. MY DL entitles me to drive in any state.
I would call your local police or sherif. You could call DMV but those calls usually leave you on hold longer :)
Good luck!

I hope it gets better. I can see where you would be frustrated. Especially w/him making appts on days he knows he has visits.
I feel for the kids. How disappointing :(