Court Commisioner Objection

[nile eversole]

What is the name of your state?CALIFORNIA STATE, I HAVE A HEARING TO PRODUCE AND APPEAR FOR JUDGEMENT, SUPPORT AND HEALTH CARE. MY PREVIOUS AMMENDED REQUESTED ORDER FROM CHILD SUPPORT WAS THAT I PAY $714.00 PER MONTH FOR ONE CHILD. THIS DID NOT INCLUDE THE FACT THAT I AM PAYING FOR HEALTH INSURANCE, AND I HAVE A MINOR CHILD FROM ANOTHER MARRIAGE THAT LIVES WITH ME AND I SUPPORT AND THAT MY EX WIFE IS WORKING AND MAKES $10.00 AN HOUR/40 HOURS PER WEEK, ALSO THEY CALCULATED MY MONTHLY INCOME AT $3900.00 WHEN IT'S ACTUALLY APROXIMATELY $3000.00 EVEN. MY PAST 12 MONTHS OF OVERTIME AVERAGE IS $450.00 PER MONTH NOT INCLUDED IN THE $3000.00 I JUST MENTIONED. I HAVE A LETTER FROM MY EMPLOYER STATEING MY OVERTIME WAS ELIMINATED IN SEPTEMBER OF 2004 WHEN A NEW HIRE WAS HIRED TO WORK THOSE HOURS. ALSO I HAVE A RESTRAINING ORDER THAT MY EX KEEPS PROMISING TO REMOVE SO THAT I DON'T FILE FOR VISITATION, BUT OF COURSE SHE HASN'T DONE SO AND STUPID ME NEVER FILED FOR VISITATION BELIEVING SHE WOULD DO IT ANYDAY SO I HAVE 0% CUSTODIAL TIME. MOST PEOPLE I HAVE TALKED TO BELIEVE I SHOULD BE PAYING APROXIMATELY $300.00 PER MONTH WHICH I WAS PAYING HER ALL ALONG VOLUNTARILY( CANCELED CHECKS TO PROVE IT, I HAVE) MY QUESTION IS: SHOULD I OBJECT TO THE COMMISIONER ACTING AS A TEMPORARY JUDGE SO THAT IF I DO NOT LIKE THE RECOMMENDED ORDER I CAN OBJECT WITH IN 10 DAYS AND GET A NEW HEARING? ALSO DOES ANYONE HAVE AN ESTIMATED DOLLAR AMOUNT OF WHAT I SHOULD BE ORDERED TO PAY UNTILL I FILE FOR VISITATION? HELP, ADVICE IS NEEDED PLEASE, MY HEARING IS 2-23-05.

 

[militarybrats]

According to the child support calculator you should be paying $975.00 that is with you making $3,900 a month and mom making $1,600. Also if you are making $3,000 a month and mom is making $1,600. child support would be $750.00. That is with you not having visitation with the child. So I guess you should think about making a big stink over you needing to pay $714.00 a month.

 

[nile eversole]

I Don't Know Where You Got Your Calculator At But The Courts Law Facilitator Said @ 3300.00 A Month With A Child And Insurance Her Guide Said 313.00 C.s. Was The Aprox. Figure. Why Is Child Support Only Seeking 254.00 From My Daughters Mom To Pay Me? And She See's Her Child 0% With No Insurance And No One Else To Support.

 

[militarybrats]

Do a Google search and you will find it.

 

[nile eversole]

Wrong Time On This Web Site

So Your Saying I Should Be Paying $745.00 A Month, Lets See, I Bring Home 2,600.00 Minus The 745 Minus 1500 House Payment Minus 300 Utilities Minus 280 For Auto Insurance And Gas, Im Already $225 Short And I Haven't Even Fed Myself Or My Daughter Yet. I Looked Up The Google Search You Requested And There Are Alot Of Finacial Questions That They Ask, Also A $15.00 Fee For 3 Different Calculations, Im Going To Get My Records Together And Submit My Answers , I'll Let You Know What I Find Out.

 

[nextwife]

You are BOTH a CP and a NCP? I'm not sure it was entitely clear in your first post that there is a CO of support for a child living with you.

 

[nile eversole]

There Is A Court Order For Support For My Biological Child That Is Living With Me, However No Payments Are Being Made So Far. This Is A Child From Another Marriage. My Wife Whom I Am Seperated From Now Is Not The Mother Of This Child, She Is The Mother Of My Younger Child And Is Seeking Support For My Son And Also Support For Her Three Other Children From There Biological Father

 

[rmet4nzkx]

http://www.west.net/~ivguy/testcalc.html
A big part of the support you are paying is based on having no visitation, so you better file for visitation. The support you receive from your child's mother is based on her income.
There may be differences between judges in their award for child support.

If you have already been before the comissioner you cannot do a cccp176.6 challenge, you cannot challenge because you don't like the decision. So you better check now to see who your hearing is with and if it is changed from that you might be able to challenge cccp176.6 before the hearing.

 

[militarybrats]

Do you realize that your sons mom that works 40 hrs a week at $10.00 makes $1,600.00 a month after about 25% in taxes is taken out she is probally only brings home $1,200.00. That is not much it is less than your rent each month.

 

[rmet4nzkx]

Your story constantly changes, the fact that you are caring for your child 65 hours a week is a significant item, remember, if she were paying for child support you would be responsible for 1/2 the child care costs. Ask to have the restraining order dropped when you are in court. A restraining order does not have to prevent visitation. I can't address the immigraqtion issues, but be aware that California family code has provisions that allow mother to flee with children due to domestic/family violence within 5 years.

You say, "So Please Stop Being Prejudice Just Because I Have A Penus" If you have one, please learn to spell it correctly.

 

[rmet4nzkx]

Here is a link to the form, check other and make your motion to vacate the order, have your wife sign it and you both go into ex parte hours and ask the judge to vacate the order, explain in your declaration that your wife has had you caring for the child, coming over for various reasons...... when you ask for visitation ask for split custody since you are already providing childcare 65 hours per week that will greatly affect your child support you should get credit for providing the childcare.
http://www.courtinfo.ca.gov/forms/documents/fl301.pdf

 

[nile eversole]

Thank You So Much For Your Advice It Really Means Alot To Me, Im Sure Your Advice Is Helping Others Too, I Think You May Be Earning Your Angels Wings. I Down Loaded The Form (fl301) Im Really Not Sure What To Do With It Next, But I Don't Want To See My Son In Violation To A Restraing Order It's Not A Good Idea, Im Not Even Supposed To Be Talking To Her Even If She Calls Me. If She Comes Over I'm Supposed To Leave My Own House Or I Could Get Arrested. I'm Supposed To Be Talking To A Lawyer From Pre Paid Legal Services On Monday, Maybe He Can Help. Im Just Fearing Im Running Out Of Time And I Still Have One Baby (my 12 Year Old) That Is Depending On Me. I Just Found Out That Because Of The Exemptions I Had On My W2 Earlier In The Year, Because I Was Supporting 5 Kids And A Wife, Im Going To Owe Aproximately 5,000.00 To The Irs If She Files Seperate, At Least I Have My Health (knock On Wood)