Does this Crap ever end? Already have a Judgement.

[chardog]

California

Last year, me and bm agreed on paternity and custody and have a signed agreement of a document here (signed off by notary AND judge):

http://www.deltabravo.net/custody/pplan3.php

with an additional Support clause that reads:

CHILD SUPPORT
1.  Neither parent shall pay the other child support for the minor child.  The parties are fully informed of their rights concerning child support, this support order is agreed to without coercion or duress, is in the best interest of the minor child, and the needs of each minor will be adequately met by the agreed amount of child support herein.  Based upon the parties respective income and expense declaration filed with this court.
2.  Pursuant to Family Code § 3901(a) child support (jurisdiction) shall continue until such time as the minor child has attained the age of 18 years, is a full-time high school student, and resides with a parent, until such time the child completes the 12th grade or attains the age of 19 years, whichever first occurs.
3.  The right to support has not been assigned to the county pursuant to § 11477 of the Welfare and Institutions Code and no public assistance application is pending.
4.  A Wage and Earnings Assignment Order shall issue
5.  Each party shall pay one half of such child care costs in addition to any other support.

MEDICAL AND DENTAL
1.  The Petitioner and Respondent are ordered to maintain for the benefit of the minor child, all medical, dental and hospital insurance (available through his employment and/or union affiliation) to pay premiums thereon, to maintain him/her as  insured and to cooperate in the presentation, collection, and reimbursement of any claims under such policy.
2.  Any medical, dental, orthodontic, optometric, psychiatric, psychological expense not otherwise covered by insurance for the minor child shall be shared by the parties equally.


I went on vacation to get married, and the bm filed with DCSS as soon as I went on vacation.  She also took my son away from his caretaker, my aunt, and put him in a daycare center fulltime.

Advice and/or lawyer referrals in the LA area would be great.

This is the second time DCSS has invited me out.  The first time, I squashed them with my judgement, but now, they are asking to see me again with FL-680 with notice of motion child support, judgement, and healthcare checked.

Will this crap ever end?  We have a comprehensive judgement already, and now they are bothering me with this shit again.

[Ref]

You have a judgement by the court on your child support etc. Judges typically wont change an order unless there has been a sigificant change in circumstances.

Have there been any changes in income since the order? Any other changes that would affect your time with your child?

It could be thrown out based on the fact that it doesn't meet the standard of significant change in circumstances.

Just a thought
Ref

[mistoffolees]

No, it never ends --- but it does get easier.

Unless there's been a significant change in circumstances (ex can no longer work, for example), you're going to be OK. Show DCSS the docs again. If they want to make an issue of it, go back to court - and ask the judge to force your ex to pay your expenses since she's clearly stirring the pot.

There is one loophole in your case that might make it a little less slam-dunk - or at least it might be a problem in my state (OK). Even though my ex and I each have 50:50 custody (alternating weeks), our incomes were different enough that I'm paying substantial child support. My attorney said that even if our incomes were very similar, there would probably be some child support involved - since the judges in my state don't like zero child support. Even if our incomes were identical, I would probably be paying $1 per month in support - the judges would rather see a very low calculated number than a waiver.

Since your judge signed your agreement, I doubt if that's the issue, but I thought I'd mention it for thoroughness.  I'd stick with my original advice. You should be OK.

There's one BIG issue for you to consider. Your ex is trying to make your life miserable but doesn't realize that this can backfire. You say that she took the child away from his caretaker and put him in a daycare center. Is this during your parenting time? If it's during your parenting time, I would file for contempt. Give her a taste of her own medicine and maybe she'll settle down.

[chardog]

>No, it never ends --- but it does get easier.
>
>Unless there's been a significant change in circumstances (ex
>can no longer work, for example), you're going to be OK. Show
>DCSS the docs again. If they want to make an issue of it, go
>back to court - and ask the judge to force your ex to pay your
>expenses since she's clearly stirring the pot.

at the time of filing, she was making 30K and I was making 40K.  Now I make 50K and she's only making a minor increase.

>There is one loophole in your case that might make it a little
>less slam-dunk - or at least it might be a problem in my state
>(OK). Even though my ex and I each have 50:50 custody
>(alternating weeks), our incomes were different enough that
>I'm paying substantial child support. My attorney said that
>even if our incomes were very similar, there would probably be
>some child support involved - since the judges in my state
>don't like zero child support. Even if our incomes were
>identical, I would probably be paying $1 per month in support
>- the judges would rather see a very low calculated number
>than a waiver.
>
>Since your judge signed your agreement, I doubt if that's the
>issue, but I thought I'd mention it for thoroughness.  I'd
>stick with my original advice. You should be OK.
>
>There's one BIG issue for you to consider. Your ex is trying
>to make your life miserable but doesn't realize that this can
>backfire. You say that she took the child away from his
>caretaker and put him in a daycare center. Is this during your
>parenting time? If it's during your parenting time, I would
>file for contempt. Give her a taste of her own medicine and
>maybe she'll settle down.

some information about my situation.  After the settlement, we had a verbal agreement:

Since my aunt took care of my son since birth, till now 26 months old, she would continue to be his caretaker.  I was paying her the same amount as the current day care, and can prove it.

I let her know a few weeks in advance that I am getting married and going on vacation.  She's not happy, but ok's my trip.  I schedule it during her sister's(21yr old) summer vacation, which she agrees to take care of my son (my aunt took a 10 day vacation to attend my wedding, all which was planned in advance, and verbally agreed with BM).

I go on vacation, and check up on my son during vacation to find out that he's now enrolled in a day care center FULL-Time.

as for contempt, I dont know if that would qualify, but I do have a case for this clause:

19. That Petitioner shall exercise the Federal and State dependency tax deductions with reference to said children as long as Petitioner is providing more than fifty percent (50%), of support of said children. Should Respondent begin earning a provable wage, and begin providing fifty percent (50%), or more of the support of said children, the Federal and State dependency tax deductions shall be split between the Parents; one Parent taking the state deduction one year while the other Parent takes the Federal deduction that same year, and reversing the following year.

_______________________

since I was paying for most of the expenses (child care), and being the petitioner, I would be entitled the the tax deductions (year 2006).  But instead, she took the entire deduction on the claim.  Instead of filing for contempt, I just let it go and demanded for the deduction next year.  With the deduction, she paid me 5K in money that she literally stole from me.  She still owes me another 4.5K.

Is it too late to file contempt, and is it possible to file for contempt?

Lastly, should I get a lawyer?

[mistoffolees]

Yes, get a lawyer. IMHO, trying to straighten this stuff out without one is a losing game. Follow their advice.

As for the rest:

1. Verbal agreements are worthless. All that matters is the court order. What does the court order say about custody?

2. Let her do whatever she wants on the tax deduction. You have a valid court order that says you get the deduction. When you file, claim the deduction - even if you think she has claimed it, as well. She has no right to it, and you do. If you get audited, you show them the court order that says you get the deduction and she will be the one to get in trouble. Also, try to get your taxes in early. It won't change the end result, but if your taxes are in first and she then claims the deduction, then they're going to go after her and ask her to prove that she's entitled to it.

3. I don't understand your sentence starting "With the deduction, she paid me 5 K....". When she wrongly claimed the deduction, did she reimburse you for the money you lost or not? If she did, let it go. If she didn't, then I would file an amended return claiming the deduction since you're clearly entitled to it. They'll then change her return and she'll owe some money. You'll get a refund.

Go with what your attorney says, but my inclination is:
- Do not bother with contempt on the tax issue. Rather, file an amended return to straighten it out (unless you've already reached agreement on it).
- If your custody orders entitle you to time and she is not allowing it, then definitely file for contempt.
- If she owes you money and is not paying it, then you can file for contempt, although (depending on the nature of the debt), there may be easier ways to collect it.