Need help please

[scaredmomofone]

Child, myself and father all live in CA, Child and I reside in Sacramento county, father in Placer county. We were never married, there are no court orders. Fathers name is on birth certificate, but there was never a paternity test.

For the past 9 years father has voluntarily paid $600 monthly to me via cash, as well as pay for all child care costs. I could not survive without the financial support from father. He also has child every other weekend and 1 overnight a week. Child attends school in fathers district/county. Nothing is in writing.

2 weeks ago father informs me that he is getting married, wants child 50% of the time and that he will no longer pay support unless I get a court order as it is affecting his lifestyle adversly.

At this point he hasn't withheld any money only threatened to. To my knowledge he hasn't filed any paperwork yet either.

Father is self employed and has bragged about make over 1mil last year, however I beleive, he is not entirely honest on his income tax returns.

I am inclined to wait until he actually files something or withholds money to take action, however I have been told that there is an advantage to the case being heard in Sacramento county vs. Placer.

1) Child resides primarily in Sac, but attends school and visits with father in Placer. Which county would have jurisdiction?

2) Assuming father files for 50% custody how do I prove the status quo, and maintain the current schedule?

3) Is there an inexpensive way to prove fathers income? Or any recomendations on how to do it period?

4)I am scared and don't know what to do. If I were your client what would you suggest I do?

Thank you

[socrateaser]

>1) Child resides primarily in Sac, but attends school and
>visits with father in Placer. Which county would have
>jurisdiction?

You can sue him in Sac county. But, you'll need to serve him via a private process server or the Placer county sheriff (or, he can waive personal service in writing, or you can file a case with Sac county DCCS and let them deal with it). If the father is self employed and does make a large income, then you will not do as well with the state as you will with a private attorney, because the state won't do much discovery to try to find out exactly where all the dollars are hiding.

>
>2) Assuming father files for 50% custody how do I prove the
>status quo, and maintain the current schedule?

You've been taking the kid to daycare, you have friends who see you with the child, you have the child at the time of filing, and you will state the current arrangement between the parents. Then, it's up to the other parent to rebut your allegations. That's not likely.

>3) Is there an inexpensive way to prove fathers income? Or any
>recomendations on how to do it period?

As I said above, you can have the State try to get to the truth, but my experience is that the State isn't very agressive with discovery tools, and that you will be more successful with a private attorney.

So, let's try this a different way: suppose the father says he earns 100K a year net, but he actually earns 500K, and for 10K you could get a private attorney who will find out the truth.

If you do it the easy way through the state, and presuming that your net disposible income is $1,500 per month, and the other parent gets 11% of the year parenting time with the child, then for a $100K net your child support would be approximately (drum roll...): $1,450 monthly.

But, if the other parent earns $500K net, and you can prove it then your child support will increase to (drum roll...): $8,150 per month.

So, now, which um...er amount of child support would you like?

Poor bastard. I really hate to tell you all this, cause his lifestyle is about to get real unhappy, and so is his new partner (lol).

>4)I am scared and don't know what to do. If I were your client
>what would you suggest I do?

If you were my client, I'd suggest that you give me the child and then I'd sue him for support!!! I could really use an extra $100k per year, tax free!

Anyway, I suggest that you talk to a local attorney about the situation. The attorney cannot take your case for a %, but he/she may be willing to defer part of your bill until he/she gets the order in place.

If the other parent is cheating on his tax returns, then you'll have to do a forensic accounting to determine where the money is, and that will be costly. But, if he's really hiding the hot dog, then he has EVERYTHING to lose, because, even though you can't say so outloud, because it would potentially be extortion, you could suggest that if his taxes weren't in order, that the government might be a wee bit interested.

On the other hand, if you put the goose that lays the golden eggs in federal prison for tax fraud, then your child support will decrease to $0, so I wouldn't be too quick to actually contact the IRS about any of this. That would be the last hope of a drowning woman.