Welcome to SPARC Forums. Please login or sign up.

Nov 26, 2024, 03:25:09 PM

Login with username, password and session length

Child support.

Started by hondacbr929, Jul 12, 2004, 11:46:20 PM

Previous topic - Next topic

hondacbr929

hi l live in Los Angeles California, l have a 5 yr old son, he well be 6 in November. l got separated in 2001, divorce in 2002. l been paying childsupport ever since l'm paying $787 a month. l see him now every other weekend. l pick him up from school after work at around 4pm.

l have him until sunday 6pm. He's going to a private school, he's been going there since we got seperated. she's very dificult everytime either on the phone or when l pick him up or when she comes to pick him up. Doesn't want me to have my son more days and has lie so much in court

About me, she just wants to make my life a living hell. l had an attorney and he sucked and now the one l got is not much different, doing nothing for me. l got married again but this woman is making my wife upset with all the problems she is causing us. we want to have happy life together.

Finally this weekend we have decided to move out of state, to Florida. We want to start a new life out there. Save some money and eventually buy a small house a have children of our own. We know that's going to be imposible here. so we have no other choice.

when l got divorce l let her pretty much everything and l got stuck with $35,000.00 in bills. l was force to do bankrupcy. she kept the car but was making late payments ruining my credit. money she owed me never paid it. Me and my wife want to live a normal life. Please help.

l have tried to talk to this woman and be nice but nothing, she's one second and the next you're getting a letter from her lawyer asking for more money or less days with my son. l can't barely afford my bills now.

1-Do l have to pay for private school when he can go to public school?
2-What happens if l move to florida?
3-can l do paper work from over there or do l have to come here to L.A?
4-how can l get my childsupport to drop?

5-l know l well be making a lot less money out there, so can l do a childsuppor modefication from over there?
6-do l need to have a lawyer here in L.A or can l get one in Florida and fix anything that l need to get fixed?

7-what can happen if l refuse to give her money for the private school?
8-can she get money from my wife too for child support?
9-can l get my son for a month in the summer if l move out of state?
10-can l take him with me for a month in the summer?

11-how much more do l have to pay if l dont see him anymore?
12-will me making less money help me on child support?
13-can she come back and ask me for more money one day?
14-what happens if l move to florida before l get a job out there?

15-can child modefication be change right away after l get a job?
16-do l have to keep paying childsupport if l cant find a job right away?
17-what happens if l cant afford the child support from the money l make in florida?

18-how soon can l modefy the child support after l live Los Angeles?

socrateaser

>1-Do l have to pay for private school when he can go to public
>school?

If you stipulated (voluntarily agreed) to a court order to pay for private school, then you must pay, otherwise not.

>2-What happens if l move to florida?

Your question is too broad.


>3-can l do paper work from over there or do l have to come
>here to L.A?

You can do paperwork from anywhere, but you must "appear" before the California Superior Court, County of Los Angeles, for any further proceedings in your case. This will remain the situation, unless and until both you and your ex-wife and child(ren) no longer reside in California.

>4-how can l get my childsupport to drop?

1) Get fired or layed off.
2) Have a physical injury or mental breakdown that prevents you from working.
3) Die.


>5-l know l well be making a lot less money out there, so can l
>do a childsuppor modefication from over there?

No, you remain subject to the jurisdiction of the CA Superior Court.

>6-do l need to have a lawyer here in L.A or can l get one in
>Florida and fix anything that l need to get fixed?

LA, only.

>
>7-what can happen if l refuse to give her money for the
>private school?

You could be found in contempt of court, and sanctioned monetarily, or imprisoned until you agree to comply with the court order.

>8-can she get money from my wife too for child support?

If there are assets that you hold in joint title with your new wife, then those assets can be seized to pay child support. Otherwise, your new wife's income can be used to impute your income, if you refuse to work to pay support and live off of your new wife's income/assets.

>9-can l get my son for a month in the summer if l move out of
>state?

That is entirely up to the court.

>10-can l take him with me for a month in the summer?

See #9, above.

>
>11-how much more do l have to pay if l dont see him anymore?

The CA guidelines are calculated using a precise, mathematical formula. I would need exact information regarding your (and your ex-wife's) monthly income, the amount of physical responsibility that each parent exercises over the child(ren), the number of children subject to the support order, and a number of other things.

>12-will me making less money help me on child support?

Based on your previous statements and questions, you appear to be about to help yourself into the Los Angeles County Jail.

>13-can she come back and ask me for more money one day?

Until all of the children are 18 and graduated high school, or 19, whichever comes first, YES.

>14-what happens if l move to florida before l get a job out
>there?

You will continue to be subject to the current court order for support, and you will fall into arrears. If you fall behind more than $10,000, across a state line, it is considered a federal felony offense. If you are later convicted of felony failure to pay child support, this will severely impact your ability to obtain employment for the rest of your life.

>
>15-can child modefication be change right away after l get a
>job?

You must pay support based on your earning capacity. You must show that you cannot obtain employment in FL for more money than you are being paid, otherwise, your support order will not be modified downward.

>16-do l have to keep paying childsupport if l cant find a job
>right away?

Yes.

>17-what happens if l cant afford the child support from the
>money l make in florida?

The support arrears are not dischargeable in bankruptcy, so they will continue to accrue interest and penalties for the remainder of your life. Your driver's license will be suspended, and you will be unable to obtain a passport.  In short, your life will be converted into a living hell forever.

>
>18-how soon can l modefy the child support after l live Los
>Angeles?

Based on all of the foregoing, I would say, conservatively, never.

You need to discuss all of this with your attorney, because you are about to permanently ruin your life.