CP Self-Employed requesting Modification

[JAMingori]

Hey Everyone!

(I posted my original message under the wrong topic, this is a repost).

I am a NCP who lives in MI (2 years). My children live in WA. The CP opened her own business a year ago and pays herself $6000.00 per month. I lost my job when I lived in WA and canont find work in MI.

In November of 2005 I filed for a Modification and requested a hearing for Overpayment of Daycare (around $24,000). I submitted my paperwork with the Office of Support Enforcement. The attorney assigned to our case put the modification on hold pending the outcome of the daycare hearing but CP has delayed the hearing for overpayment 3 times. It is now set for 10/31.

In August of this year she hired an attorney herself and had papers for modification drawn up and filed. The nature of her business puts her into contact with workers at the courthouse our case is at on a daily basis. Now I am being told that her request takes precedence over mine. Why is that?

CP owns 2 homes, 2007 Yukon Denali, and her own business. When responding to her peition for modification I included 2 declarations that hopefully will raise some questions in the judges mind. Who knows though!

Even though I don't have a job and she makes $6000/month the CS worksheets indicated that my obligation is $741.00/month. She claims that she pays $329.00 in medical (I asked for proof to ensure that she is not covering her other children who are in college, or to ensure that her portion is $329 and not the amount her company's portion is). Furtermore, she didn't list her investment home or current home as an asset. She says that she donates $250 a month to charity/gifts and pays $600 for tuition for another child and $400 in rent for that child (I asked for proof of both). The paystubs that were provided to the Court were from her own business! They could be fake -- what do I do?

The information I provided to the court and the questions I asked -- how are those going to be addressed? Will the court order a financial investigation? If she has not accurately state income/assets will they make her provide business bank statements, personal bank statements, and other information? How can I find out if CP is receiving state/local help such as food stamps, medicaid, or SSN benefits for my youngest daughter who is Autistic?

I asked the Court to put Petitioner's request on hold pending the outcome of the daycare hearing and my petition for modification.

Will the court carry out the requests I made for proof of income, etc that I made in my declarations?

Any suggestions or ideas would be greatly appreciated!

[Ref]

Questions:

1. How do you know she receives $6,000 a month?
2. What is the nature of HER modification ? CS? Visitation?

From what I know, the court will not do any investigations on finances. It is up to you to get the information that you need to prove your case and submit it to the court. That means that you have to file the proper discovery papers to get her bank statements, business statements and other info. It depends on the court, but I think the first place you need to do is go to the courthouse and get those discovery papers and file them ASAP.

One of the documents that you should request is her tax return for last couple of years (2 should do). This should show if she has any rental income from the property she owns. You would need to request this with the discovery papers to make sure she complies.

3. What form of business does she have? LLC? Corporation? Sole proprietorship?

I will assume that she is an S Corp for now because you said that she gets paid a "pay check". If in your discovery you get her paystubs, you should be able to see exactly how much she has taken out of her check for health insurance. You can also get the coverage information through discovery. She says she pays a total of $329? If that is family coverage, she is getting a great deal! I pay $880 for my family coverage (that doesn't include how much the company pays)

While you are in the courthouse, you can check where they keep the home deeds. If you have both of her addresses (home and rental property), you can get copies of the deeds for a small fee.

When it comes to expenses, that hardly comes into play in a CS mod hearing. At least that was the case in mine. They were only interested in how much BM made (or could make if unemployed),how much DH made (or could make if unemployed)and health insurance cost for the child and the parents.

The expenses/income was used to determine who should be responsible for court costs. In my DH's case, he would have been responsible for BM's legal costs 100% due to his superior income except the judge found that the case was frivolous so she was held responsible for 1/2.

You really have to pick and choose how you communicate woth the judge. Your communications shouldn't be often unless you are filing something. This makes you look reactionary. File for discovery on her last 2 or 3 tax return, her bank statements for the past year for all her accounts and ones that she has joint with others, her past 6 paystubs, and her enrollment form for her medical insurance or other proof of who is covered under her policy.

As for the charity/gifts, the tuition and the rent, I would drop the issue. These probably wont make a real difference.

I have no advice on the food stamp/medicaid quesitons. I haven't had to deal with it.

Just to let you know, your income will probably be imputed. It may be at the rate that you used to make or it may be at minimum wage, but it probably wont be 0 unless you have a severe disability.

Another bit of advice is to recalculate your support with her income at the amount you can prove, your income at what you think she will state it should be at, and the health insurace and daycare at what she stated. See if this is something worth fighting for. You may look like a complete jerk and go through all of this for nothing if it is off only by 10-20 bucks.


Good Luck with everything.

ref

[JAMingori]

Thank you Ref.

Do you or does anyone know where I can find the forms to file a continuance and a motion for discovery online.  I live out of state and cannot go to the courthouse.  I tried to call but there were pretty uncooperative.  The clerk gave me the number of the facilitator whose message stated that she didn't have time to return phone calls...

Thanks,
JAMingori

[CGS]

I don;t think expenses have any bearing on child support calculations.. so the rent and charitable gifts are nothing more than smoke.
Request discovery for taxes, paystubs, bank statements, and the health insurance premium statement and description of coverage.

[JAMingori]

How do I request discovery?

I have already asked for several things in my declaration, but she did not comply.  I just filed a motion of continuance and a motion to compel discovery -- I hope that they are the right forms.  

I was notified on 11/8 that a hearing was scheduled for 11/17 and given only 7 days to respond to her declaration and submitted paperwork!

Ugh....

[CGS]

You need to post on soc's board for instuctions re:discovery asap.

Usually (in my state anyway) you have to have discovery requests and answers submitted 10 days prior to the hearing.. if so in your state, you may have missed the deadlines.

check w/ soc

[JAMingori]

I am not sure how this would work, but I wasn't even served with documents 10 days prior to the hearing.  I have filed a motion for continuance -- I hope I filed the right thing!