Modification - procedural questions

[Veronica2000]

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

Hi, I'm going to be requesting a modification to cs based on new incomes. Can't afford an atty so will be doing this myself. We have a 70 (me)/30 split. I have been receiving cs for 10 years. In the meantime dad's income has increased substantially and mine has inreased slightly. I ran the numbers on a simplified cs calculator and it looks like he should be paying 600 more a month.

Questions:
-If I file and serve him soon will that be the effective date of change in CS? Or will it be the date the order is finally issued? I know he will use delaying tactics such as avoiding service; requesting extensions of time as he has done so in the past.

-He pays far lower taxes than his income suggests (I'm not sure how he does it but he pays 15% on a 250k married filing jointily). Because of this the numbers he can enter into the dissomaster are not reflective of his true net income. Should I submit a supporting declaration with my motion with all those details or does it look complainy?

-I now live out of state. I understand I can appear at a hearing telephonically but does this give me a disadvantage?

Thanks!

 

[Veronica2000]

forgot one thing

- when I draft my request should I include that the NCP is not using even close to his 30% time? I know I can't force him to use his time but I am spending a lot of extra money for those extra days I have the children. Should this be addressed in the request for child support modifcation or do I need to request a change in visitation? This is really an issue because our son has Celiac disease and his diet is really expensive.

 

[LdiJ]

- when I draft my request should I include that the NCP is not using even close to his 30% time? I know I can't force him to use his time but I am spending a lot of extra money for those extra days I have the children. Should this be addressed in the request for child support modifcation or do I need to request a change in visitation? This is really an issue because our son has Celiac disease and his diet is really expensive.

I wouldn't push the issue of the parenting time. It would likely turn things into a custody battle as well.

 

[Veronica2000]

I wouldn't push the issue of the parenting time. It would likely turn things into a custody battle as well.

Thanks Ldj. I was thinking that too. Want to keep this simple.

 

[Veronica2000]

Anotherquestion - effective date?

Hi does anyone know what the effective date is for a change in child support? If I file a request for modifcation with the Court tomorrow and the change in CS is ultimately ordered by the court what is the effective date for the new child support? Is it a) date I file: b) date of service: c) date of hearing; or d) date of order?

From past experience I know to expect requests for continuances so that has me concerned. Should I write in my supporting declaration that I want it made retroactive to date of filing? I found this:

CALIFORNIA FAMILY CODE
Chapter 6. MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS
Article 1. General Provisions
FAM. CODE § 3653
(a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, or to any subsequent date, except as provided in subdivision (b) or by federal law (42 U.S.C. Sec. 666(a)(9)).

 

[Isis1]

Hi does anyone know what the effective date is for a change in child support? If I file a request for modifcation with the Court tomorrow and the change in CS is ultimately ordered by the court what is the effective date for the new child support? Is it a) date I file: b) date of service: c) date of hearing; or d) date of order?

From past experience I know to expect requests for continuances so that has me concerned. Should I write in my supporting declaration that I want it made retroactive to date of filing? I found this:

CALIFORNIA FAMILY CODE
Chapter 6. MODIFICATION, TERMINATION, OR SET ASIDE OF SUPPORT ORDERS
Article 1. General Provisions
FAM. CODE § 3653
(a) An order modifying or terminating a support order may be made retroactive to the date of the filing of the notice of motion or order to show cause to modify or terminate, or to any subsequent date, except as provided in subdivision (b) or by federal law (42 U.S.C. Sec. 666(a)(9)).

you need to request the courts to do so. make sure that is written in the motion.

 

[Veronica2000]

you need to request the courts to do so. make sure that is written in the motion.

Thanks Isis, Should that statement it go on the motion (its a fillable form) or the declaration attached to the motion? Also can it be made retroactive to the date of the change in circumstance?

 

[Isis1]

Thanks Isis, Should that statement it go on the motion (its a fillable form) or the declaration attached to the motion? Also can it be made retroactive to the date of the change in circumstance?

i always included the extra verbiage in the declaration.

as far as the retroactive date from the change of circumstance....i know it's possible, and our department of public services has that capability to request that. i've seen it in the standard language from the child support offices. but i'm not sure under what circumstances that would apply. my understanding it is both parties responsibility to report any changes of information within 10 days of those changes.

 

[Veronica2000]

My brain is hurting!

Trying to calculate cs is impossible. The other party has a 31 page tax return. On a MFJ income of 270k they took 121k as itemized deductions. There's something called AMT also. All these things make it impossible to correctly fill in the CA calculator. I know submitted to an online dissomaster company but the forms they had me fill out were not much simpler than the court's online calculator. I can't afford a tax expert to decipher this. My ex is super good at creative tax stuff so he gets lucky and ends up paying 3.5% tax on a his individual income of 180k.

So my question is - should I just do the best I can and submit that?

Also, he doens't personally pay for the kids health insurance - his new wife does. So not sure if I should include this on my calculations.

 

[Silverplum]

Trying to calculate cs is impossible. The other party has a 31 page tax return. On a MFJ income of 270k they took 121k as itemized deductions. There's something called AMT also. All these things make it impossible to correctly fill in the CA calculator. I know submitted to an online dissomaster company but the forms they had me fill out were not much simpler than the court's online calculator. I can't afford a tax expert to decipher this. My ex is super good at creative tax stuff so he gets lucky and ends up paying 3.5% tax on a his individual income of 180k.

So my question is - should I just do the best I can and submit that?

Also, he doens't personally pay for the kids health insurance - his new wife does. So not sure if I should include this on my calculations.

How nice of Stepmom, to carry the children on her insurance. She's not obligated.