CS Modification During Maternity Leave

[WorkingDad2]

What is the name of your state (only U.S. law)? CA

When my ex and I were in court a year and a half ago she was told by the judge that she is required to tell me when she stops working for maternity leave because the child support amount was calculated based mainly on child care costs required by her while she is working. That happened without a problem. My child support payments ceased while she was home for three months, then she informed me when she returned to work and I then began sending the support payments.

My ex is about to have another child any day now and she told me she is not required to inform me when she begins her maternity leave this time. Her argument is that the judge only meant she had to inform me of the first pregnancy, not subsequent pregnancies.

I went through the transcript of the hearing and the Judge did not specify if he was referring to the current pregnancy, or all subsequent pregnancies. Can somebody advise me on the best thing to do here? If she refuses to tell me she has stopped working for maternity leave do I have to go to court to file contempt?

Any advice would be greatly appreciated!
Thanks

 

[Antigone*]

What is the name of your state (only U.S. law)? CA

When my ex and I were in court a year and a half ago she was told by the judge that she is required to tell me when she stops working for maternity leave because the child support amount was calculated based mainly on child care costs required by her while she is working. That happened without a problem. My child support payments ceased while she was home for three months, then she informed me when she returned to work and I then began sending the support payments.

My ex is about to have another child any day now and she told me she is not required to inform me when she begins her maternity leave this time. Her argument is that the judge only meant she had to inform me of the first pregnancy, not subsequent pregnancies.

I went through the transcript of the hearing and the Judge did not specify if he was referring to the current pregnancy, or all subsequent pregnancies. Can somebody advise me on the best thing to do here? If she refuses to tell me she has stopped working for maternity leave do I have to go to court to file contempt?

Any advice would be greatly appreciated!
Thanks

When she stops working, if she does not comply with the order, file a motion for contempt. There is nothing you can do until she actually violates the order.

 

[WorkingDad2]

When she stops working, if she does not comply with the order, file a motion for contempt. There is nothing you can do until she actually violates the order.

Thanks.

I just wanted to be sure that there wasn't any merit to her argument that the judge wasn't referring to future pregnancies... Especially considering the calculated amount is based on child care which will not be required if she is not working. Seems pretty black and white to me, but you never know.

 

[CSO286]

What is the name of your state (only U.S. law)? CA

When my ex and I were in court a year and a half ago she was told by the judge that she is required to tell me when she stops working for maternity leave because the child support amount was calculated based mainly on child care costs required by her while she is working. That happened without a problem. My child support payments ceased while she was home for three months, then she informed me when she returned to work and I then began sending the support payments.

My ex is about to have another child any day now and she told me she is not required to inform me when she begins her maternity leave this time. Her argument is that the judge only meant she had to inform me of the first pregnancy, not subsequent pregnancies.

I went through the transcript of the hearing and the Judge did not specify if he was referring to the current pregnancy, or all subsequent pregnancies. Can somebody advise me on the best thing to do here? If she refuses to tell me she has stopped working for maternity leave do I have to go to court to file contempt?

Any advice would be greatly appreciated!
Thanks

When she stops working, if she does not comply with the order, file a motion for contempt. There is nothing you can do until/UNLESS she actually violates the order.

Tigi--I did an edit.

OP--Given what you said about the order and transcripts not being clear on Mom reporting maternity leave dates for each pregnancy, it's possible (likely) that she would not be found in contempt this first time. Rather, you could request clairification of that order to ensure that mom is required to to notiufy you when she is to be off work for more than X number of weeks, no matter the reason. This would allow also for leaves for other reasons as well (post op, extended illness, sabbatical, etc).

 

[WorkingDad2]

Tigi--I did an edit.

OP--Given what you said about the order and transcripts not being clear on Mom reporting maternity leave dates for each pregnancy, it's possible (likely) that she would not be found in contempt this first time. Rather, you could request clairification of that order to ensure that mom is required to to notiufy you when she is to be off work for more than X number of weeks, no matter the reason. This would allow also for leaves for other reasons as well (post op, extended illness, sabbatical, etc).

That's great advice.
Thanks a lot. You all have been a huge help over the last couple of years. I never had a need to post a question until now, but have been reading your advice to others and that has been invaluable.

 

[CSO286]

That's great advice.
Thanks a lot. You all have been a huge help over the last couple of years. I never had a need to post a question until now, but have been reading your advice to others and that has been invaluable.

Anytime.