Need Help Quick!

[almostastepmom]

Hi Soc...

  Here in WA State and heading off to court this afternoon.  I have a couple of questions that I need answered before I go. Just a refresher for you about our situation... FI's ex has taken him back to court for more cs.  The judge, dispite current pay stubs, set his monthly income way to high.  We go to court today to figure out what the cs increase is going to be.  Both lawyers were suppose to use the circule E program to get the 3 amounts that cs could be.  Her lawyer's #'s are way higher then ours.... Here is what I'm having problems with.

1.  The judge has already set an amount for my FI's monthly income.  It is way above what he currently is making.  How can a judge make him pay an amount that is going to leave him in the black each month?  Isn't there anything that we can do about this?

2. At the first hearing judge ruled NO extra money for child care.  She then signs the children up for all kinds of summer camps (which they have never been to before) and wants FI to pay for them now.  What is the likelyhood of the judge saying he has to pay for them?

Hope I made sense. Thanks for helping!

[socrateaser]

>1.  The judge has already set an amount for my FI's monthly
>income.  It is way above what he currently is making.  How can
>a judge make him pay an amount that is going to leave him in
>the black each month?  Isn't there anything that we can do
>about this?

The judge must have some evidence for why he believes the pay'r's income is greater than reflected in the paystubs. I can't imagine any lawful means of setting support beyond the guidelines without evidence.

I would need to know everything about this case in order to give any advice.

>2. At the first hearing judge ruled NO extra money for child
>care.  She then signs the children up for all kinds of summer
>camps (which they have never been to before) and wants FI to
>pay for them now.  What is the likelyhood of the judge saying
>he has to pay for them?

Unless the parties agree to voluntarily pay more for activities like summer camp, then the court can only award guideline support and payments for daycare associated with employment or job training. The only exception would be if the court found that the support amount awarded would be unjust or inappropriate and then deviated from the guidelines. However, you have the right to a written statement of findings and conclusions from the court, explaning why support should be set higher than guideline, and I would definitely ask for this if the court doesn't provide it.

You may be forced to appeal an oppressive order as an abuse of discretion. Something is definitely odd about your case as you describe it.