HELP! Modification and a Self Employed CP

[JAMingori]

Hey Everyone!

I am a NCP who lives in MI.  My children live in WA.  The CP opened her own business a year ago and pays herself $6000.00 per month.  I lost my job when I lived in WA and canont find work in MI.  

In November of 2005 I filed for a Modification and requested a hearing for Overpayment of Daycare (around $24,000).  I submitted my paperwork with the Office of Support Enforcement.  The attorney assigned to our case put the modification on hold pending the outcome of the daycare hearing but CP has delayed the hearing for overpayment 3 times.  It is now set for 10/31.

In August of this year she hired an attorney herself and had papers for modification drawn up and filed.  The nature of her business puts her into contact with workers at the courthouse our case is at on a daily basis.  Now I am being told that her request takes precedence over mine.  Why is that?

CP owns 2 homes, 2007 Yukon Denali, and her own business.  When responding to her peition for modification I included 2 declarations that hopefully will raise some questions in the judges mind.  Who knows though!

Even though I don't have a job and she makes $6000/month the CS worksheets indicated that my obligation is $741.00/month.  She claims that she pays $329.00 in medical (I asked for proof to ensure that she is not covering her other children who are in college, or to ensure that her portion is $329 and not the amount her company's portion is).  Furtermore, she didn't list her investment home or current home as an asset.  She says that she donates $250 a month to charity/gifts and pays $600 for tuition for another child and $400 in rent for that child (I asked for proof of both).  The paystubs that were provided to the Court were from her own business!  They could be fake -- what do I do?

The information I provided to the court and the questions I asked -- how are those going to be addressed?  Will the court order a financial investigation?  If she has not accurately state income/assets will they make her provide business bank statements, personal bank statements, and other information?  How can I find out if CP is receiving state/local help such as food stamps, medicaid, or SSN benefits for my youngest daughter who is Autistic?

I asked the Court to put Petitioner's request on hold pending the outcome of the daycare hearing and my petition for modification.

Any suggestions or ideas would be greatly appreciated!

[4honor]

If BM filed in court and you filed with the support enforcement office, her claim takes precidence. (The first one to court gets their foot in the door.)

Your income (unemployment?) should be based on actual wages or income. You will look better if you take ANY job. Regardless if it is what you were trained for or not. DH was laid off in June. His regular support amount with BM making $2550 and them at 50/50 is about $360 a month.

What your ex pays for her other children (on a salary of $6000) has nothing to do with it. You need to ask for discovery (proof of health care costs - although with autism, your child maycost more under private insurance due to being "uninsurable" under WA standards.)

Your daughter may very well be receiving medicaid and SSDI but you need to ask specifically for those items in discovery which will lead you to that information. If DD is NOT on any programs, perhaps asking for an order to make Ex apply for these things on DD's behalf would be appropriate.

Run the child support worksheets -- free here: http://www.washingtonlawhelp.org

Lastly, they cannot drop your income below the state "need" amount for a asingle person after CS is paid. The state need smount for one is $989.00... so they HAVE to leave you that much to live on.

Hope that helps.

[JAMingori]

Thank you for your suggestions!

She has requested a fourth continuance with regard to the Daycare Expenses hearing on the basis that she (through her attorney) has a hearing scheduled for November 17.  

Although after 2 weeks of checking with the Superior Court and waiting to be served with papers I have yet to see any proof of a scheduled hearing.

How would I request discovery?  I did submit two declarations to the court requesting investigation, but how can I ensure that my requests are carried out?

Thanks again,
John