Eligible for Small Claims Court?

[emerson]

Hey Davy, I like your style!!  Thanks for the kind words and humor, it's badly needed over here.  I'm pondering what I'll do next, and I appreciate your response.

[InquiringMind]

Just reading through your dilemma, and I just have a thought I wanted to share.  If you write her a check every month to split expenses, why don't you just take $20 a month off until you get your $240 back?  If you think about it, it is only $240 and is she going to turn around and take you back to court for that small of an amount?   Probably not, and even if she does, all you would have to do is subpoena the bills and prove that she falsified the documents originally.  I understand you don't want to go against the court order, and you do need to get it changed to reflect the $20 instead of the $40, but it wouldn't be something very difficult to prove in court that she lied about the amount you were supposed to pay.

[emerson]

Interesting idea.  In a way it puts the onus on her to take action, and she knows she would have to answer to a judge as to the original lie about the $40/mth.  And explain why she was so intransigent in the first place about just correcting the error when it was first pointed out (when she only had to repay me $20, not $240.)  Interesting idea, thank you.

[ocean]

It will be fixed the next time you are in court but in the meantime I would just take off that amount. I would petition the court to change the amount to XXX for the remainder of the year and also that you deduct $20 per month for the overpayment until it is paid off. You can offer that to her or tell her you will be back in court.

Also, since you are not paying child support, be careful. It is very easy for her to go and get CS re-established. Is the $240 worth it? I know you are angry and should be...but pick your battles....see if you can get her to take the $20 off a month so it does not hit her so hard.

[Giggles]

My X and I had 50/50 custody and he had to pay ME CS eventhough he was "primary" all because he had the higher income.  It was a measly amount and I told him to just use it to pay for our daughters Day care....

[emerson]

Thanks.

We both agreed to not consider CS but to rather simply split a few expenses; she agreed perhaps because I had just filed an OSC and she was afraid of the possible results for her if we went to court.

Here I'm a little ignorant about CS -- if she and I split time with our daughter virtually 50/50 and have joint legal, and since we both have the same income while I have significant debt (legal fees) and she has no debt and significant extra financial assets ---- why would CS automatically go to her?  Seems kind of arbitrary and nonsensical.

Of course, I'm kind of used to that by now.

[MixedBag]

once again -- stick your information into a CALIFORNIA CS calculator.

If I remember correctly, if INCOME is equal and TIME is equal in CA, then no CS will be exchanged.

Because you're in CA.

I played with that calculator years ago and found it quite interesting because other states don't work that way at all.

Your legal debt is not relevant.

Her financial assets -- are not relevant as long as the income they produce is calculated as part of her income.

I'm totally totally against you taking this into your own hands and shorting her something every month until you break even.  That's taking "the law" -- your court order -- into your own hands and personally I feel you'll be chastised by the judge for doing so.  Makes a lot of sense to get it back that way -- and you know she cheated you, but take it to the judge if you really feel that way.

You never KNOW how the court is gonna react -- so don't do something that might pi$$ them off at you.

Work forward, think backwards and learn from history, and be happier moving forward.

and above all love that child and good luck!

[emerson]

Solid advice.  And wise.

[MothersGetARawDealToo]

In California, your EX can mess with who claims the child as an exemption and head of household if applicable and their little calculator is not accurate which could mean that you can potentially pay your EX a ridiculous amount - be extra careful if your ex is self-employed.  Also, same income but different expenses means a different outcome too.  I've learned all kinds of terrible things since getting taken back to court!  Did you know that if your ex re-marries, that you get to pay them for their extra taxes due to their spouses new income even though they now share rent costs because they have a new spouse?  Did you know that when they have another child together, they get a hardship credit in their calculation which means that you get to pay them a little extra for their second child that is not your child? 

I would really find a way to just let this go!  Ex's can screw with you way worse than this if they are motivated by boredom or jealousy or whatever.