Child Support

[jpantel]

My ex and I went to court last week for a custody agreement. I took her because she was starting to alienate our son from me. The judge gave me about 35% time share. In our order it says joint physical and joint legal custody. It does not say anything about a custodial or non custodial parent or a primary residence. I have our son every other friday to sunday from 5 PM to 5 PM. I also have him every Tues and Thursday from 3:00 PM to 8:30 PM. And every other Tuesday is an overnight for me. I am disabled and have filed for SSI. I have very little to no income. She makes $13.00 an hour and works 40 hours a week. I pay for Health Insurance and she pays for child care. We are in california.

My question is: Is there a way for me to get child support from her? From what I have been told is that California usses the disomaster which formulates our gross incomes which is about $900.00 a month for me and $2050.00 for her. And I get the health care credit for $125.00 a month. And she gets the child care credit of $600.00 a month. I also get a hardship credit of $250.00 a month for my disability for medication and therapy. I was told that the offset of our incomes and expecnes that there is a good chance I can receive child support from her. Is their truth to that? And if so how should I manover myself to make sure that is what happens when our support hearing comes up?

Thank You,

Joe

[socrateaser]

>My question is: Is there a way for me to get child support
>from her? From what I have been told is that California usses
>the disomaster which formulates our gross incomes which is
>about $900.00 a month for me and $2050.00 for her. And I get
>the health care credit for $125.00 a month. And she gets the
>child care credit of $600.00 a month. I also get a hardship
>credit of $250.00 a month for my disability for medication and
>therapy. I was told that the offset of our incomes and
>expecnes that there is a good chance I can receive child
>support from her. Is their truth to that? And if so how should
>I manover myself to make sure that is what happens when our
>support hearing comes up?

In CA, judge's almost never go against the Dissomaster report.


I'd need to see your financial disclosure and your tax return to have a better picture of where you're at, but based on what you've posted here, Dissomaster appeasr to calculate an award to you of $149 per month.

Unless you can prove that you have an even greater disability then you have already demonstrated, that the other parent can earn more than she currently does,  or that you actually exercise more than 35% physical responsibility for the child, then I'd say that $149 is about what you will receive as support.

[jpantel]

That is wounderful news thank you.

What can I do to prove a greater disability? More expenses? Any ideas?

As far as custody I will try to exercise as much as I can. I am the one who also asked youa bout the right of first refusal because she is not obeying it, but its a dam hard thing to prove and I dont see the judge doing anything about it. Or else I would have more time with our son if she actually called to give me the right of first refusal.

As far as my tax return go's I filed a 1040 last year and had a loss. This year I am self employeed again and my income ranges per month. But my disabilty Panic Disorder w/ Agoraphobia has kept me from working very little or even at times not at all. I have filed for SSI from social security and its still in the process of approval.

[socrateaser]

>That is wounderful news thank you.
>
>What can I do to prove a greater disability? More expenses?
>Any ideas?

Not really. It's a trade off between how much it would cost you for expert witness testimony, vs. what you can get in a support change. It probably isn't worth the tradeoff.