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child support battle going to trial

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rstar2011

Junior Member
What is the name of your state (only U.S. law)?CA
Separated in 05', was self employed trades person. In 06' went to work for company owned by family as employee, support was significantly dropped due to payroll and worseing economy. Negotiated settlement where I paid her significantly more support to avoid trial.

In 07' she tried to have settlement set aside, filed restraining order, claimed I was extracting money from business for personal expenses and that I was satan reincarnated, etc. etc. In 09' judge ordered a forensic accountant to determine my income. Bad news for ex, it was determined to be about 37K instead of over 300K she claimed. My support was again lowered in 2010 to $600/month for 2 children 50/50 split.

This year I FOOLISHLY filed a motion to have support lowered based on a change in time split for me with the older child and her lack of effort to keep full time employment. She has only worked 2 years approx. 32 hrs a week out of the last 6 years.

The case just changed to a dcss case and we changed judges after 6 years and the new judge unfamiliar with the case has ordered a 1 1/2 trial to determine my income. After 50K out the door and no more cash, I have been pro per for the last 2 years and it looked like the judge was buying her story telling and twisted presentation of the facts. I am freaking out, I know her story is crazy, but I'm not feeling confident about litigating this at an actual trial. The first judge did everything he could to keep us out of trial, this guy is hell bent on having us go.

Any suggestions on whether I should once again hire an attorney and what to expect in a trial or tips about presenting a case.
 


ecmst12

Senior Member
Sounds like a lawyer would give you a good deal of peace of mind.

You may need another forensic analysis. But yeah, you were getting a pretty good deal and probably screwed yourself by messing with it.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)?CA
Separated in 05', was self employed trades person. In 06' went to work for company owned by family as employee, support was significantly dropped due to payroll and worseing economy. Negotiated settlement where I paid her significantly more support to avoid trial.

In 07' she tried to have settlement set aside, filed restraining order, claimed I was extracting money from business for personal expenses and that I was satan reincarnated, etc. etc. In 09' judge ordered a forensic accountant to determine my income. Bad news for ex, it was determined to be about 37K instead of over 300K she claimed. My support was again lowered in 2010 to $600/month for 2 children 50/50 split.

This year I FOOLISHLY filed a motion to have support lowered based on a change in time split for me with the older child and her lack of effort to keep full time employment. She has only worked 2 years approx. 32 hrs a week out of the last 6 years.

The case just changed to a dcss case and we changed judges after 6 years and the new judge unfamiliar with the case has ordered a 1 1/2 trial to determine my income. After 50K out the door and no more cash, I have been pro per for the last 2 years and it looked like the judge was buying her story telling and twisted presentation of the facts. I am freaking out, I know her story is crazy, but I'm not feeling confident about litigating this at an actual trial. The first judge did everything he could to keep us out of trial, this guy is hell bent on having us go.

Any suggestions on whether I should once again hire an attorney and what to expect in a trial or tips about presenting a case.
If you are recieving any kind of financial benefit from the company besides the income included on your W2, you can expect to have that benefit included in your child support calculation.
 

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