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Proof of other child support payments

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rp0210

Guest
What is the name of your state? California

My son's father has indicated on his Financial Stmt (Simplified), Form FL-155, that he pays $300 per month for child support for his 2 daughters from his previous marriage. I know there is a court order stating he owes this, however, I also know he does not pay it on a regular basis. As of a few months ago, he was approx. $7,500 in arrears, not including interest.

We will be going to court in a few weeks to settle on the monthly support he owes me. What can I do/how can I prove that he is not paying the support for the other children. And if this is proven, will that expense be eliminated from his financial statement when calculating the support for our son?
 


W

WEELHOUSE

Guest
see the ex

cant you just contact the ex gf r whatever to get the info or get her or the records subpoenaed to court

im not a lawyer
 

haiku

Senior Member
if anything the information will make it easier for you to get his pay garnished, but removing the amount from his financial report for your support, would only create greater hardship for the children ALREADY under court order to receive court ordered support. Even if he is not paying it, it is still his FIRST obligation before paying the support for your child.....in other words, no matter the amount awarded to you, you are likely looking at an uphill battle getting blood from this stone.......
 
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rp0210

Guest
Haiku,

Thanks for your reply. I agree this will be an uphill battle, however, I'm just sick of his lies and what the truth out.

Regarding the 2 other children, they certainly are not missing, or need the $283/month support. Granddad left a nice trust fund for both of them (and their mother), so this $283 would just be some "walking around" money to them.
 

nextwife

Senior Member
Doesn't matter. There exists an order for that amount PLUS he needs to additionally pay the arrearage! The fact that there is an arrearage cannot be used to reduce the amount of the prior order or provide an increased percentage to you. The prior order exists, thus it must be used in the calculations.
 

haiku

Senior Member
rp0210 said:
Haiku,

Thanks for your reply. I agree this will be an uphill battle, however, I'm just sick of his lies and what the truth out.

Regarding the 2 other children, they certainly are not missing, or need the $283/month support. Granddad left a nice trust fund for both of them (and their mother), so this $283 would just be some "walking around" money to them.
Nope, a trustfund, does NOT negate the fathers responsibility to contribute to his childrens welfare. He owes them this money. Just as if you hit the lottery tommorow he would still owe you too.

Reality is, he has a court order he is/was supposed to be following. You and your child, in the past were not supposed to be benifiting from this 283.00 a month. Why should you be benefiting now?
 

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