Custodial parent intentionally unemployed? Modification - what can I do?

[robert1975]

I recently received some paperwork from the local child support agency in California that they want to modify the order to take almost $1600 a month in child support up from the $500 I have been paying for for the past 5-6 years.  The issue I have with this is that the custodial parent (my 16 year old son's mom) doesn't work and has not worked for a very long time.  The amount they are requesting is ridiculous and would totally change my living situation as I may need to find a room mate or move to a different location.  She is currently collecting benefits from the state (CA) and is on assisted housing.  A couple facts about this case...

**  My son is 16 and I have about 35-40% custody.
**  I provide all transportation and insurance benefits.
**  His mom is on assisted housing and has a 4 or 5 bedroom house (yes, you read that right).  Her Boyfriend, other children that are over age 18, grand daughter, my son and her other minor son all live there - rent free. 
**  Son's mom is a recovering drug addict - even when the kids were taken from her for drug abuse, I could not get custody of my son because they did not want to separate my son and his half brother - even though I told the court I would take both and had an empty room at my house.  I have never had a run in with the law and am not a drug user or smoker.
**  Son's mom does not work - so she has zero income (yet she has cigarettes and frequently plays bingo)
**  Son's mom has a degree and no handicaps that would prevent her from working
**  I am recently going through a divorce with another case with my ex wife and 12 year old daughter pending in court.  I currently have about 50% custody with my daughter.  I pay $700 in support to my daughter's mom based on guidelines, and have requested a modification based on time I have my daughter now.
**  I am still technically married as the papers have not been finalized for the divorce.
**  I have Myself, my Ex Wife, 12 year old daughter, 19 year old son, 16 year old son and 18 year old step daughter on my health and dental insurance.

They ran these numbers based on last years tax return that they retrieved.  Last year, I had to file single since all of my dependents were claimed before I even got my W2s.  The numbers the court used do not indicate that I am married or have any other children that I am supporting.  Only what I make and I am single - which is totally incorrect.

What can I do?  Any suggestions?

This isn't the first time I have had trouble with "The System".  I had custody of my older son from the time he was 11 until he was 18 and I was awarded $0 in child support from his mom because of the difference in income (another that skirted their financial obligation to raise a child).  I guess I knew how to pick em when I was younger?      

[ocean]

The problem here is that the mother is receiving state assistance. When that happens the state asks who the other parent is and goes after that parent for the money. The mother will probably not get most of that money, it is used to pay back the state.

Ask for a hearing a plead your case. If you can get child support for your second case through the system by the court date, you may apply that money too. They can only take up to 50 percent of your check for all child support cases.

If you can get proof of everyone living in that house, you can turn her into California social service. Call them and ask how many people can live there and what the requirements are. Something is not right. They give money for the amount of people for housing. Maybe they rent out the other rooms? There is a fraud number too you can call.

Bring or send in recent paystubs. Depending on the court date, you may have new tax paperwork to bring too. Get your taxes done very early so you can have that as proof too. Most states go by your paystubs and it is a percentage for each child. Look up CA and plug in the numbers in a child support calculator. See what they really can ask for.