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Child Support for Father

Started by clevergirl17, Nov 20, 2007, 03:12:27 PM

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My fiance and I just went back to court to modify the old CS amount. Under the old equation, he was paying BM $527 a month based on a 15% timeshare. After a long battle of ustrying to get the kids, we were finally successful in getting a 50% custody arrangement and we went back to court to have the Child support amount adjusted. BM makes $4700 a month from her state salary (for which she provided a pay stub to verify) and additional income from being in the National Guard. However, after first stating in court and under oath that she's no longer in the national Guard, she then 'fessed up but claimed she made no additional income from it. Upon further questioning, she admitted to making "fifty bucks every three months or so" and the judge didn't require her to provide any further documentation. Also, when the attorney for CSS inputed the numbers, the showed my fiance as having a take home pay of $2250 (he takes home $1950) and her take home as $3400 (she takes home $3700). So needless to say, the child support amount was less then what it should be. Also, although the previous court order stated that the father would be responsible for providing medical insurance (which he's been doing for the past two years) her pay stub shows that she's claiming two dependants on her medical insurance (they have three kids and the two dependents she's claiming are most likely her girlfriend's children as her girlfriend is unemployed and has no insurance). Also, the court order states that she is to provide him with copies of the kid's birth certificates and social security cards in addition to all the Medi-cal paperwork, but despite his repeated requests, she has yet to do so. Also, even though the court order says that the kids are supposed to come back home in the clothes we send them in, we'll send them in jeans and sweaters but they'll come back in shorts and t-shirts and usually without underwear. So my questions are as follows:

1. How can we prove that she is in fact making additional income from being in the National Guard?

2. How can we fix the amounts listed on both of their income and expense declarations?

3. Can we ask the court to verify who is actually being covered on her health insurance?

4. Can (and should) we file a contempt of court since she's not providing him with paperwork or returning our belongings?

My fiance's been dealing with this for a long LONG time. BM moved the kids away, wouldn't allow him to see them, then told the courts that she had no way to find him, and quit her job in order to receive additional child support. He ended up having to drop out of school and pay half his paycheck even though shortly after filing for CS, she found a new job and was making more then twice what he made. We had to lay out a lot of money trying to fight for the kids, and it would be nice if the court was as eager to go after her as they were to go after him. Any help and/or advice would be much appreciated. Oh, and we're located in California.


#1 and #2- You have to go back to court and ask for it to be adjusted due to her additional income. I would think if she is leaving once a month for training you could figure it out or prove it?  See how much it would be and decide if it is worth that fight.

#3 -It does not matter what she is doing because the court order if for you to have the coverage. She can put them on if she wants for double coverage or not at all and put the GF kids on it. Not your issue.

#4 Go get it yourself. He is the father and I would think he can go to the county/town that the kids were born in and get copies of the BC. SS card you do not need really...just look at the divorce papers and the kids SS #'s should be there if you need it or you have it for the Medical.
If you want to try it one last time, tell her you need the copies by this date in order to keep up the medical. See if that works.....

Good luck!