child support mod in Orange County CA

[socrateaser]

>questions to first paragraph
>1. What bearing does this  have on  CS case?

It bears on her support obligation. However, you'll need to be a bit more precise in your analysis if you are trying to imply that the other parent cannot pay 100% of her expenses -- you'll need to put together an income and expense breakdown of your own that shows how you reach your conclusion. I believe you mentioned that the parent's I&E showed her in the red. This may mean that she's borrowing money from a credit card, or somewhere else, to pay for the property. I don't know, but you'll need to exclude most of the other possibilities, in order to make your case.

Which is possible to make, but you can't just throw the papers around and state the conclusion that they "obviously" prove some particular thing. You need to "prove" it by eliminating the other possibilities, until what's left is your conclusion.

>2. Can she get into trouble for lying on expense dec?

Um, yeah. Fraud gets you sanctions. Perjury gets her jail time if the court refers the matter to the DA, for prosecution.

>question for second paragraph..
>3. Can I use I&E's submitted to CA court as evidence of
>ability to pay, attorneys fees, (as they are high) and 1/2 of
>transportation, on case in FL?

You sure can. the I&Es are sworn under penalty of perjury, so the court will treat them as an evidentiary admission, which is rebuttably presumed true, unless the other parent can explain the discrepancy.

[socrateaser]

>Had to share my husbands experience with this. His ex claimed
>that she was paying 100% of the household cost while her
>Boyfriend was living with her and she was asking for CS from
>my husband.
>
>Anyway Judge decided that he would impute Boyfriends share of
>the household expenses to BM income, therefore increasing her
>disposable income. Turned out that then she would owe my DH
>CS.
>
>I don't remember how the judge decided this but it had
>something to do with extraordinary difference in living costs,
>I think.
>
>Hope this helps, it may be something to look into. We are in
>CA too.

Yes, this is good thinking. CA judges are becoming more disposed to dealing with obligee parents as frequently understating their income so as to obtain more support. This is, frankly, because as time goes on, more judges are getting divorced and discovering that their system is broken.

[mishelle2]

sOC, when you said :
   
     you'll need to be a bit more precise in your analysis if you are trying to imply that the other parent cannot pay 100% of her expenses --

I believe she can pay all of her expenses, in her I&E she states she cannot and her boyfriend must pay a majority of them, I believe that bm has inflated her expenses in order to receive a higher support, not realizing how CA law works

I called the court clerks office to make sure it is on calendar and dcss is not screwin with me and the clerk said it is on the reserve list...

 questions:

1. What the heck is the reserve list??
2. Is it there just in case we come to an agreement prior to hearing date?

[socrateaser]

> questions:
>
>1. What the heck is the reserve list??

I don't know. I've never been on it. Ask the clerk and then come back and tell me so we'll both know. My experience is that if you have a hearing date and time set, then it's set. There's no netherworld on the court calendar.


>2. Is it there just in case we come to an agreement prior to
>hearing date?

See above.