imputed income and ex wife moving without notifying me repost

[wallyworld85]

Last March my ex moved from her hometown of Pensacola to Tallahassee (without notifying me). I eventally found out. Now I find out from my daughter's TAll. teacher that she has moved BACK to pensacola "to be closer to her parents". My ex has NOT told me that she moved.

Her home phone in tall. has been disconnected since NOV. and she will NOT answer her cell phone (if it is even her phone). I looked up her current boyfriends number on an online search and called it. It was a new pensacola number. She answered the phone. It is the SAME phone number that my daughter's Tall. Teacher gave me. When she found out it was me, she hung up and will NOT answer the cell phone number that I have.

The times that I have called the boyfriends number (same new number and address that my daughter's teacher gave for my daughter) and my ex answered (then hung up) have been times when my ex SHOULD be in work. She was a leasing consultant for apartments and has been doing that for aobut 3 years. She WAS making about 13.50 an hour (compared to my 10.00). I am almost positive that she is NOT working now.

I am going for these contempts on the same day as the final hearing (APR 15): denial of all 2003 visitation, her portion of the medical bills, not giving me a current phone number to reach our daughter.


Court is April 15 (you might recall that I am requesting a dismissal for Child Support due to IL having exclusive jurisdiction and NOT FL and for a mod. of visitation.) My ex petitioned for the visitation modification to give me MORE visitation (all summers etc...).


I am terrified that my ex still trying to get back at me will request minimal visitation due to me not seeing our daughter in 1.5 years ( although, it is all due to HER interference) (remember that in 2002 my ex gave me our daughter to live in IL with me, but when I went to court to make it legal I obviously lost)

1. If I lose and FL determines child support (FL uses BOTH incomes, IL uses a percentage of my net) will my ex's income likely be imputed to what she made a month ago, min. wage, or NOTHIHG?

2. What is the likelyhood taht the judge will NOT let me take my daughter to IL and only let me have minimal visitation due to not seeing my daughter in 1.5 years due to VISITATION INTERFERENCE?

3. What can I expect in court? Ie: what kind of questions will her lawyer ask me? (I would ask my lawyer, BUT he already charges me for EVERYTHING AND on any unpaid monthly balences tacks on a FINANCE CHA RGE!

[socrateaser]

>1. If I lose and FL determines child support (FL uses BOTH
>incomes, IL uses a percentage of my net) will my ex's income
>likely be imputed to what she made a month ago, min. wage, or
>NOTHIHG?

The court must use a person's actuall income, unless you allege and prove that she has sufficient earning capacity to pay and that she is voluntarily unemployed. Earning capacity is defined as (1) talent and ability to work, (2) availability of comensurate employment opportunity, and, (3) Willful refusal to seek employment. If you prove all three, the court must impute income according to fair market value and the CS guidelines. Otherwise, no support.

>
>2. What is the likelyhood taht the judge will NOT let me take
>my daughter to IL and only let me have minimal visitation due
>to not seeing my daughter in 1.5 years due to VISITATION
>INTERFERENCE?

About 99.9999999999999999999%.

>
>3. What can I expect in court? Ie: what kind of questions will
>her lawyer ask me? (I would ask my lawyer, BUT he already
>charges me for EVERYTHING AND on any unpaid monthly balences
>tacks on a FINANCE CHARGE!

I'd need to read your entire case file to advise you on this.