Default on CS reduction

[Ref]

Hi Soc

I filed for CS reduction and BM was served about 20 days ago. I have a feeling that she will not answer the petition and she wont send me her income information. She will not tell me where she works but I know the field she is in and she got her Masters degree ( I am guessing she just granduated, but she wont tell me that either). She doesn't have a work history for the past 8-10 years.

I know I have to file a default with the court, but I also have to file my financial information and the child support calculation worksheet. In the calculation worksheet I have to put her income in.

She also wrote me a letter after she was served stating that she would no longer accept communication from me accept by regular post. She will no accept FedEx or Certified Mail - Only regular mail. The topics also must relate to visitation only.  (Our agreement is shared parentetal with joint decision making) She will let the machine pick up my calls and I must state what the topic is and it can ONLY relate to visitation or she will not call back.

1. When I file the calculation sheet with the default, can I estimate her income or so I need to file something elso to force her to comply (contempt?)

2. I have a feeling she will not respond to any of this. Will the judge just grant what I ask for if she doesn't respond?

3. If she rejects all the legal docs because of her new restrictions, what are the penalties?

I would like to avoid taking her to court as much as possible, but she is really making it tough. All of this is in contempt of our parenting agreement and hurting my relationship with our daughter, but I am afraid taking her mom to court will make things worse.

Thanks
Ref

[socrateaser]

>1. When I file the calculation sheet with the default, can I
>estimate her income or so I need to file something elso to
>force her to comply (contempt?)

Sure. Liberally estimate it. You know what her capabilities are, so go to //www.salary.com, punch in what you know, and then generate a report and use that as backup for your "reasonable" estimate of her income.

>2. I have a feeling she will not respond to any of this. Will
>the judge just grant what I ask for if she doesn't respond?

If you seem reasonable, then yes.

>3. If she rejects all the legal docs because of her new
>restrictions, what are the penalties?

She's in contempt for not keeping you apprised of her location, unless there's a restraining order preventing you from obtaining that info.

>I would like to avoid taking her to court as much as possible,
>but she is really making it tough. All of this is in contempt
>of our parenting agreement and hurting my relationship with
>our daughter, but I am afraid taking her mom to court will
>make things worse.

If you don't fight for your rights, they will be taken away from you. We don't have many freedoms left in this nation as it is. Nevertheless, you must pick your battles -- I can't say if this is a battle worth fighting or not -- only you can know that answer.

[Ref]

I was in sales and they closed down my office. There is no industry of that type in my area and this job was one that I got through connections that are no longer there. I have no college degree. I could go into another industry (possibly, all the job listings require a degree) but I would have to get paid about $15k less in base pay and who knows how much I would get in commissions.

I am looking to start my own business and I have many clients who are excited about working with me. I did interview with a few people and income was about what salary.com said (with no way to guess commissions). I got 1 offer and some verbals saying that they weren't hiring.

This is what I am thinking of doing.

1. Impute BM's income at the median rate I can get from salary.com
2. Impute my income at the median salary rate  that I could get on salary.com.
3. Ask for retroactive based on unemployment for the past 2 months and the cost of COBRA for half of DD's health insurance.
4. Adjust for % of income cost for visitation due to long distance relationship (airline tickets).
5. Adjust to pay % of income for the Health Insurance my wife will pay for DD's insurance (DD will be on her plan).
6. Adjust required $200k life insurance policy on my head to a declining scale based on future child support obligations.

The state is Florida.

1. Does this seem reasonable to you?
2. Is there any support you suggest I get before going to court?
3. How would the court calculate future commissions if I have no history in the industy at all?
4. Should I ask that BM split the court costs?


Thanks
Ref

[socrateaser]

>1. Does this seem reasonable to you?

Too reasonable. Ask for more than you're willing to take. Only a fool asks for what he/she wants.

>2. Is there any support you suggest I get before going to
>court?

Support? I don't understand.

>3. How would the court calculate future commissions if I have
>no history in the industy at all?

They look at averages. You need to show how you're diffierent from the average, if you want a better deal.

>4. Should I ask that BM split the court costs?

You should ask for the world and settle for more than 100 sq ft.

[Ref]

I calculated the amount that I will be paying based on the imputed incomes, the health insurance, and the travel costs as I have spelled out and it comes to me owing BM $62 a month down from $775. With the retroactive considered, I would go negative for the remainer of the child support obligation.

1. How will a judge rule in the case that the custodial would actually owe money based on the calculation?

Thank you sooo much
Ref

[socrateaser]

>I calculated the amount that I will be paying based on the
>imputed incomes, the health insurance, and the travel costs as
>I have spelled out and it comes to me owing BM $62 a month
>down from $775. With the retroactive considered, I would go
>negative for the remainer of the child support obligation.
>
>1. How will a judge rule in the case that the custodial would
>actually owe money based on the calculation?
>
>Thank you sooo much
>Ref

It depends on how many days per year that you you actually have the child overnight. If it's more than 40% of 365 days, then I'd say you have a chance. If not, then there's no chance your support will fall below what a parent making minimum wage would pay with less than 5% visitation.

But, you have a legal right to offer the guideline calculation if you can "reasonably" defend your numbers, and see what the judge says.