Changing the amount of Child Support

[slburke]

What is the name of your state? California

I am inquiring as to whether I am able to have my ex pay more child support. when we divorced our combined income was only about $47,000 per year - I am only receiving $925 for both of my kids. He has his own company and seems to be doing well, he's been able to buy a house and is supporting a girlfriend and her 4 kids (she is also getting support from her ex). I've been told by several people that I should have his income evaluated to see if I can get more support for my kids. does any one know if this is possible. He also owes me money from our 2005 income taxes - $2000 and he keeps telling me that he doesn't have any money - but he is engaged to be married - so I really find it hard to believe that he doesn't have the money.

Appreciate any help/advise that anyone can give me. I'm desparate at this point.

Sheri

 

[Calif-IAAL-Atty]

What is the name of your state? California

I am inquiring as to whether I am able to have my ex pay more child support. when we divorced our combined income was only about $47,000 per year - I am only receiving $925 for both of my kids. He has his own company and seems to be doing well, he's been able to buy a house and is supporting a girlfriend and her 4 kids (she is also getting support from her ex). I've been told by several people that I should have his income evaluated to see if I can get more support for my kids. does any one know if this is possible. He also owes me money from our 2005 income taxes - $2000 and he keeps telling me that he doesn't have any money - but he is engaged to be married - so I really find it hard to believe that he doesn't have the money.

Appreciate any help/advise that anyone can give me. I'm desparate at this point.

Sheri

My response:

When was the last time you and he were in court on an OSC re: Child Support?

IAAL

 

[momofrose]

What is the name of your state? California

I am inquiring as to whether I am able to have my ex pay more child support. when we divorced our combined income was only about $47,000 per year - I am only receiving $925 for both of my kids. He has his own company and seems to be doing well, he's been able to buy a house and is supporting a girlfriend and her 4 kids (she is also getting support from her ex). I've been told by several people that I should have his income evaluated to see if I can get more support for my kids. does any one know if this is possible. He also owes me money from our 2005 income taxes - $2000 and he keeps telling me that he doesn't have any money - but he is engaged to be married - so I really find it hard to believe that he doesn't have the money.

Appreciate any help/advise that anyone can give me. I'm desparate at this point.

Sheri

An income evaluation of a business cost about $10,000.00 (I looked into it).

D

 

[rmet4nzkx]

An income evaluation of a business cost about $10,000.00 (I looked into it).

D

IAAL is a CA family law attorney, don't you think he knows what questions to ask? OP hasn't provided the facts required to give advice.

 

[NotSoNew]

when we divorced our combined income was only about $47,000 per year - I am only receiving $925 for both of my kids.

only? 925 based on 47K a year is a pretty decent amount.

He has his own company and seems to be doing well, he's been able to buy a house and is supporting a girlfriend and her 4 kids (she is also getting support from her ex). I've been told by several people that I should have his income evaluated to see if I can get more support for my kids. does any one know if this is possible.

Its possible that his girlfriend/fiancee could have money also, which would have no bearing on your child support. Did he have his own business at the time of the orginal agreement? Proving an income from ones own buisness can be tricky because they have to deduct for all of their buisness expenses.

He also owes me money from our 2005 income taxes - $2000 and he keeps telling me that he doesn't have any money - but he is engaged to be married - so I really find it hard to believe that he doesn't have the money.

so? when i was engaged to be married we didnt have any money. is having money a prereq to getting engaged?

I'm desparate at this point.

desperate? there are people out there getting nothing for their kids in way of support. your getting 925 a month and your desperate because you *THINK* your ex might be making more and you might be entitled to more?

 

[momofrose]

IAAL is a CA family law attorney, don't you think he knows what questions to ask? OP hasn't provided the facts required to give advice.

I am sure IAAL knows what questions to ask...

I was only commenting about the cost of a business evaulation itself. - I have had experience in that and advised her it cost quite a bit of money to do so. I was not giving advice I was giving her facts.
D

 

[rmet4nzkx]

Sheri,
Make an appointment at the family law facilitators office and ask them for assistance. According to the records,

04/12/2005 ORDER AFTER 03/16/05 HEARING RE: MEDIATION FOR PARTIES/RECOMMENDATION CONF CONT TO 05/11/05 9:30 D-9 FILED Not Applicable
03/14/2005 (2336) FINAL JUDGMENT FOR DISSOLUTION FILED Not Applicable
03/14/2005 NOTICE OF ENTRY OF JUDGMENT ON/FOR DISSOLUTION FILED WITH PROOF OF MAILING Not Applicable
01/03/2005 REQUEST TO ENTER DEFAULT ON < > FILED; DATE COPY MAILED BY CLERK TO RESPONDENT: 01/03/05 Not Applicable
01/03/2005 DEFAULT ENTERED ON PRE-JBSIS COMPLAINT/PETITION OF < > AGAINST < > BY CLERK AS REQUESTED Not Applicable
01/03/2005 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION (FC 2336) FILED Not Applicable
01/03/2005 WAIVER OF FINAL DECLARATION OF DISCLOSURE Not Applicable
01/03/2005 DECLARATION OF< > RE: SERVICE OF PRELIMINARY DECLARATION OF DISCLOSURE FILED Not Applicable
12/28/2004 FEE RECEIVED FOR PETITIONERS FIRST PAPER FEE FROM < >....

you received a default dissolution and were ordered to mediation, what happened???
Hhe never filed a financial statement, was that waived???
Apparently your child support is based upon your financial statement, have you checked the records at the recorder's office if he bought a home ? Check in both his and his girl friend's name in case he is sheltering it. Was it dpne while you were still married? Since your divorce was by default, that may affect this in many ways you really need a family law attorney but the FLF office or legal aid may be able to help you.

 

[NotSoNew]

Sheri,
Make an appointment at the family law facilitators office and ask them for assistance. According to the records,

04/12/2005 ORDER AFTER 03/16/05 HEARING RE: MEDIATION FOR PARTIES/RECOMMENDATION CONF CONT TO 05/11/05 9:30 D-9 FILED Not Applicable
03/14/2005 (2336) FINAL JUDGMENT FOR DISSOLUTION FILED Not Applicable
03/14/2005 NOTICE OF ENTRY OF JUDGMENT ON/FOR DISSOLUTION FILED WITH PROOF OF MAILING Not Applicable
01/03/2005 REQUEST TO ENTER DEFAULT ON < > FILED; DATE COPY MAILED BY CLERK TO RESPONDENT: 01/03/05 Not Applicable
01/03/2005 DEFAULT ENTERED ON PRE-JBSIS COMPLAINT/PETITION OF < > AGAINST < > BY CLERK AS REQUESTED Not Applicable
01/03/2005 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION (FC 2336) FILED Not Applicable
01/03/2005 WAIVER OF FINAL DECLARATION OF DISCLOSURE Not Applicable
01/03/2005 DECLARATION OF< > RE: SERVICE OF PRELIMINARY DECLARATION OF DISCLOSURE FILED Not Applicable
12/28/2004 FEE RECEIVED FOR PETITIONERS FIRST PAPER FEE FROM < >....

you received a default dissolution and were ordered to mediation, what happened???
Hhe never filed a financial statement, was that waived???
Apparently your child support is based upon your financial statement, have you checked the records at the recorder's office if he bought a home ? Check in both his and his girl friend's name in case he is sheltering it. Was it dpne while you were still married? Since your divorce was by default, that may affect this in many ways you really need a family law attorney but the FLF office or legal aid may be able to help you.

lol do we want to know how you got this info?

 

[rmet4nzkx]

I am sure IAAL knows what questions to ask...

I was only commenting about the cost of a business evaulation itself. - I have had experience in that and advised her it cost quite a bit of money to do so. I was not giving advice I was giving her facts.
D

Right now she either needs an attorney or assistance from the FLF or Bay Area Legal aid. THere is a lot of information available to her, she needs to know how to access it.

 

[rmet4nzkx]

Sheri,
Make an appointment at the family law facilitators office and ask them for assistance. According to the records,


lol do we want to know how you got this info?

What is your question?

 

[slburke]

only? 925 based on 47K a year is a pretty decent amount.



Its possible that his girlfriend/fiancee could have money also, which would have no bearing on your child support. Did he have his own business at the time of the orginal agreement? Proving an income from ones own buisness can be tricky because they have to deduct for all of their buisness expenses.




so? when i was engaged to be married we didnt have any money. is having money a prereq to getting engaged?



desperate? there are people out there getting nothing for their kids in way of support. your getting 925 a month and your desperate because you *THINK* your ex might be making more and you might be entitled to more?

EVERYONE'S SITUATION IS DIFFERENT - MONEY IS NOT A PREREQ FOR GETTING MARRIED - BUT ISSUE IS THAT HE OWES' ME THE MONEY FROM2005 TAXES WHILE WE WERE MARRIED ... HIS ACCOUNTANT TOOK THE $6000 WE WERE TO GET BACK AND APPLIED TO HIS 2005 EST. TAXES - I AM NOT RESPONSIBLE FOR HIS 2005 EST TAXES AS WE WERE LEGALLY SEPARATED BUT HAD TO FILE JOINTLY FOR TAXES - I'M NOT STUPID AND KNOW WHAT I'M TALKING ABOUT......

 

[slburke]

Sheri,
Make an appointment at the family law facilitators office and ask them for assistance. According to the records,

04/12/2005 ORDER AFTER 03/16/05 HEARING RE: MEDIATION FOR PARTIES/RECOMMENDATION CONF CONT TO 05/11/05 9:30 D-9 FILED Not Applicable
03/14/2005 (2336) FINAL JUDGMENT FOR DISSOLUTION FILED Not Applicable
03/14/2005 NOTICE OF ENTRY OF JUDGMENT ON/FOR DISSOLUTION FILED WITH PROOF OF MAILING Not Applicable
01/03/2005 REQUEST TO ENTER DEFAULT ON < > FILED; DATE COPY MAILED BY CLERK TO RESPONDENT: 01/03/05 Not Applicable
01/03/2005 DEFAULT ENTERED ON PRE-JBSIS COMPLAINT/PETITION OF < > AGAINST < > BY CLERK AS REQUESTED Not Applicable
01/03/2005 DECLARATION FOR DEFAULT OR UNCONTESTED DISSOLUTION (FC 2336) FILED Not Applicable
01/03/2005 WAIVER OF FINAL DECLARATION OF DISCLOSURE Not Applicable
01/03/2005 DECLARATION OF< > RE: SERVICE OF PRELIMINARY DECLARATION OF DISCLOSURE FILED Not Applicable
12/28/2004 FEE RECEIVED FOR PETITIONERS FIRST PAPER FEE FROM < >....

you received a default dissolution and were ordered to mediation, what happened???
Hhe never filed a financial statement, was that waived???
Apparently your child support is based upon your financial statement, have you checked the records at the recorder's office if he bought a home ? Check in both his and his girl friend's name in case he is sheltering it. Was it dpne while you were still married? Since your divorce was by default, that may affect this in many ways you really need a family law attorney but the FLF office or legal aid may be able to help you.

thanks appreciate your input - he bought the house in Feb of this year and we have been divorced for almost a year in May - so this may or may not help me. Againk, thanks for your advise.

 

[momofrose]

EVERYONE'S SITUATION IS DIFFERENT - MONEY IS NOT A PREREQ FOR GETTING MARRIED - BUT ISSUE IS THAT HE OWES' ME THE MONEY FROM2005 TAXES WHILE WE WERE MARRIED ... HIS ACCOUNTANT TOOK THE $6000 WE WERE TO GET BACK AND APPLIED TO HIS 2005 EST. TAXES - I AM NOT RESPONSIBLE FOR HIS 2005 EST TAXES AS WE WERE LEGALLY SEPARATED BUT HAD TO FILE JOINTLY FOR TAXES - I'M NOT STUPID AND KNOW WHAT I'M TALKING ABOUT......

Easy on the capitalization while posting.

D

 

[rmet4nzkx]

EVERYONE'S SITUATION IS DIFFERENT - MONEY IS NOT A PREREQ FOR GETTING MARRIED - BUT ISSUE IS THAT HE OWES' ME THE MONEY FROM2005 TAXES WHILE WE WERE MARRIED ... HIS ACCOUNTANT TOOK THE $6000 WE WERE TO GET BACK AND APPLIED TO HIS 2005 EST. TAXES - I AM NOT RESPONSIBLE FOR HIS 2005 EST TAXES AS WE WERE LEGALLY SEPARATED BUT HAD TO FILE JOINTLY FOR TAXES - I'M NOT STUPID AND KNOW WHAT I'M TALKING ABOUT......

Taxes are due today, did the accountant already process his return and your portion without your consent? Have you contacted the accountant? You were only married 3 months 14days during 2005 do your have access to the return? Did you consider filing married but filing separate return? That tax return should give you a good idea of his income for any modification of child support? In the future, who is claiming the children? Since you retained the family home how is that being factored? Were you a partner in his business? your name is not on his FBN filing, is his business tax return separate?

 

[slburke]

My response:

When was the last time you and he were in court on an OSC re: Child Support?

IAAL

We have not gone to court about this