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Ex Wants Modification

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jacknjill

Member
What is the name of your state?California

First, most of the information we see and hear come from the kids. We don't ask them anything about their mother or what goes on there. They are unhappy there and when we pick them up for our days, they talk, talk, talk on the way home. My husband has told them on occassion that some things are inappropriate to discuss, and we DO NOT bash their mother in any way to them. Sometimes, we just let them vent, their frustrations. He does not in anyway plan or will bring up what the kids tell us in court. He would not do that to them. Just wanted to get this out in the open first. Most of what they say to him, I am not around. My husband and I talk about it at night when they are in bed.

Here's an outline to my questions.

X is seeking a modification.

After divorce, X had 3rd child from different dad, not married, not arround.
X does not work, is on welfare collecting foodstamps, medicare.
(We found this out, because my husband's wages were garnished and we were given a history of the benefits she is receiving.) She's not including the CS she gets from the father to child #3 as income, but wants a $500 hardship for the child...
Q. Is this allowable in court?


X lives in a government-subsidized housing with reduce rent for 4 people (1 adult, 3 kids). When she landed this housing 2 years ago, she asked my X to verify to them how much CS he was paying her, so she can qualify.

Q: Regarding her housing....she has moved in a daughter (previous marriage) her husband and 4 children into this apartment. They pay her rent...Anything we can do there????


X started a home cleaning business back in August 2004. (Kids left flyers at homes and businesses and accompanied mother to Business License office).
Oldest (16yr) daughter babysits during the house cleaning hours (weekends)
Q. What's the best way to prove that she's getting income on her new home business?? Anyone have a link on the web to how to find a business license on someone?

Now before you correct me on my quote (X does not work), she is asking for a modification based on $0 income, except for $600 unemployment based on her Income/Declaration Statement mailed to us. (she will work for a few months, and then get herself fired to receive this benefit.) This is a pattern. We know she will probably have her income imputed to $11.70 an hour (since that is what she's made in the past). She is also claiming $600/month for daycare expenses. We do know that she has the 3rd child (not my husbands) in daycare, and that the father to that child is paying her CS support which includes daycare expenses. (This was proven in court, during the last modification)

My husband's 2 kids are not in daycare, oldest daughter babysits for a couple hours on weekends and does not get paid by mother. When the kids are with us, oldest daughter babysits after school while we work (2 hours/day) and he pays her $50.00 per week. After the divorce my husband was ordered to pay CS and 1/2 of her daycare expenses (when they were in daycare) My husband's income hasn't increased very much since the last modification, We could actually get the CS lowered, because they are not in daycare anymore (unless you want to believe her income/expense form). They haven't been in daycare for 2 years and he has not seeked a modification himself. Just left things as they were, hoping the Xtra money would benefit the kids at their mom's place.


Q. Does she have to proof daycare expenses for my husband's children?? Can we ask the court to tell her to provide proof before modification is made??


We get the children 15 days a month (1st - 15th) , pay full medical/dental and all school supplies/educational, and after school sport programs. They are supposed to split anything over the medical/dental co-pays, and afterschool sports, but husband has never pushed the issue. It's just not worth the hassle and fights that occur. She's said in the past, that if she as to pay for 1/2 of the sport activities, then the children won't participate, because she can't afford it. So he just pays it all, because it's just something that has to be done, for the children's benefit.

Any information would be really great....
 


karma1

Senior Member
Questions~

Does your husband have an attorney for all this?
Sounds as if some illegal/scamming activities have been going on here (on biomoms part) and I'd definetely be looking for an attorney.

When was the last modification hearing?

How old are the children?
 

jacknjill

Member
karma1 said:
Does your husband have an attorney for all this?
Sounds as if some illegal/scamming activities have been going on here (on biomoms part) and I'd definetely be looking for an attorney.

When was the last modification hearing?

How old are the children?
He has an attorney on record, Last Modification was 6 months ago, believe it or not. We go through this process where she feels she needs more money everytime she get's herself fired. Last Mod she wanted was because I bought a new car for myself (and she thought it was his, so he had all this extra money, somewhere). She got a $20 increase for all her troubles and we had a $3000 attorney's bill. Anyhow, she's back at it again, because her unemployment is running out soon, and DCSS has terminated her benefits. She wasn't following the welfare to work program. My husband's kids are 16 and 9, her third child is 4.

As to any of my questions, we'd like to do the legwork of gathering info. ourselves to save money. Even though (we hope) the CS will be decreased some, he still have to pay his own attorney's fees. What's the best way to find a business license on someone??? Does she need to show proof of daycare, if she's claiming she pays, which we know for a fact she is not??
 

karma1

Senior Member
hmm......

I did find someone's business license number a few years back but for the life of me, I cant recall how? I would think maybe contacting the Secretary of State? I remember seeing a whole "business license" area on their site.

Daycare--one of my friends just went through this--in order to qualify for consideration to use daycare costs as a part of an order, that daycare had to be licensed (in CA, Community Care Licensing, I believe)---AND, if she is paying someone to care for child, that person has to report it to taxes......but if we're talking the older sis just babysitting---that wont be considered daycare...I would think.

Just some thoughts....
 

Mars4Dude

Member
Too many see children as a means of support

To many people see their children as a means of support (Public Assistance, Child Support) rather than their responsibility to support. Our welfare system is destroying our country.
 

bononos

Senior Member
Income Potential

OH
More research, planning, and prepping.
Can tax forms from 2002 listing an income earned higher than a current income b e used to decide current child support amount?
Or will they use the current earnings as a base for the amount?
(the current amount is appx. 1/2 the amount from 2002.)
Thank You.
 

bononos

Senior Member
bononos said:
OH,
More research, planning, and prepping.
Can tax forms from 2002 listing an income earned higher than a current income b e used to decide current child support amount?
Or will they use the current earnings as a base for the amount?
(the current amount is appx. 1/2 the amount from 2002.)
Thank You.
sorry-let me post this right-ignore this
 

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