Need advice… Child Custody/Child Support

[mmendezvq35]

CA, Pomona

Here is my story…. any support, suggestions, advice would help. My ex and I weren’t together when she had our son. She filled within the 2-3 months after my son was born. At the moment he is 7 months old and I get very little time with him. The court ruled as followed.

i. Respondent shall have the minor EVERY Monday, Wednesday and Friday from 4:15 p.m. to 7:15 p.m., beginning July 27, 2007 and for the next three months, up to October 31, 2007.
ii. Beginning November 1, 2007, Respondent shall have the minor EVERY Monday and Wednesday from 4:15 p.m. to 7:15 p.m., and beginning Friday, November 9, 2007, alternating Fridays from 9:00 a.m. to 7:00 p.m. On the Fridays he does not have the minor for the entire day, he shall have the minor from 4:15 p.m. to 7:15 p.m.,. This schedule shall remain in effect until January 31, 2008.
iii. Beginning February 1, 2008, Respondent shall have the minor EVERY Monday and Wednesday from 4:15 p.m. to 7:15 p.m., and alternating weekends beginning Friday, February 1, 2008, at 10:00 a.m. to Saturday at 5:00 p.m.,. On the Fridays he does not have the minor for the entire day, he shall have the minor from 4:15 p.m. to 7:15 p.m.,. This schedule shall remain in effect until April 30, 2008.

This was not a final judgment but a temp. At the moment I’m paying 700$ for Child Support + 120$ for Child Care. So 820$ in total (outrageous don’t you think?)…. I cover dental and health insurance 100% for my son. The money is taken deduced from my paycheck monthly. After my bills and child support I only get to keep 100$ for myself… it’s sad just thinking about it, and to think I’m 24year old I’ll be living with my parent’s for some time. I was force to return to my parent’s house because I was unable to make ends met. I make about 50k and from my understanding she only work part-time making min. wage. We live 2 blocks away from each other. I have a lawyer but she doesn’t help much… already spend about 7k in lawyer fees. L I really need to reduced my child support payment… it too much for me… I am losing it… how can the system be so unfair to a father that wants to be there for his child. I ask for 50/50 and got 15/85.

At the moment I’m working with my lawyer on a proposal for a “Final Judgment” to which I just added the following…

iv. Beginning May 1, 2008, Respondent shall have the minor EVERY Monday at 4:15 p.m. through Tuesday at 8:15 p.m., and alternating weekends beginning Friday, May 9, 2008 at 8:00 a.m. through Sunday at 6:00 p.m.,.
v. Beginning November 1, 2008, and thereafter, Respondent shall have the minor EVERY MONDAY at 4:15 p.m. through Tuesday at 8:15 p.m., and alternating weekends beginning Thursday, November 7, 2008 at 4:15 p.m. to Sunday at 6:00 p.m.,.

This will give me a more/less 40/60 visitations and hopefully bring down my CS. But the chance’s that my ex will agree with this is like winning the lottery. Hopefully I can order to show of cause and get a court date to ask for more time. Any advice?

Even thou the judgment were not a final one, can I take my ex back to court with a show of cause even before the step-up plan was complete. Or would I have to wait till April 30, 2008 then file?

Again… any support, suggestions, advice would help..

Thanks,

MendezWhat is the name of your state?

 

[Zephyr]

best advice is to right now use every bit of time you are awarded with kiddo- you are on what is called a graduated schedule.....

the finacial part, I don't maybe get a part time job til this is all settled.....but it's probably not a good idea to go for more time with kiddo for the purposes of reducing support

 

[mmendezvq35]

I met with x last night (at her request) to discuss our visitation schedule and hopefully agree on additional time in my Son’s best interest and that was feasible for us both. When I arrived at her house, she simply told me that she wanted the court system to make all the decisions.. Hence the fact that she asked me to come over and led me to believe that she wanted to work something out by wanting to discuss the matter in person. Well, she told me she wanted to deal in court and I told her I disagreed and felt it was best to try and work something out amongst ourselves for our Son’s sake and I didn’t want to get into it, so I walked away and left her house. Her parents were there and this all took place inside her house at her request. I was amicable, but was upset so I left because I didn’t want to get into with her and give her anything to use against me in the future.


She immature and wants to continue to use our Son to play games to hurt me and it’s obvious now that the issue is based on money versus what’s best for our Son.

I plan to hire a Private Investigator, to assist me in obtaining the necessary evidence I need to prove that she goes out and parties and leaves our Son with her Mom most of the time and anything else I can find out that I can use against her in court.

I don't plan to go back to court in Jan-Feb and be unprepared and I plan to build my case as much as possible and in fact, I would like to fight for full custody if I’m able to obtain the evidence I need. I understand this will be difficult, but I’ve accepted the situation and I anticipate like most Fathers, my life will be a constant fight in court with her, until I’m able to gain joint time with my Son and be a major part of his life, not partial or a part-time Father.

I plan to attend some CPR courses and look into other courses my Son and I can attend to justify more time and anything else….this is what I want and my family supports me 110%.

Is hiring a PI a good idea?

 

[mmendezvq35]

best advice is to right now use every bit of time you are awarded with kiddo- you are on what is called a graduated schedule.....

the finacial part, I don't maybe get a part time job til this is all settled.....but it's probably not a good idea to go for more time with kiddo for the purposes of reducing support

All of my awarded time is spent w/ my son, which isn’t much. Yes.... I agree w/ you about the financial part.

 

[Silverplum]

I plan to hire a Private Investigator, to assist me in obtaining the necessary evidence I need to prove that she goes out and parties and leaves our Son with her Mom most of the time and anything else I can find out that I can use against her in court.

Is hiring a PI a good idea?

I don't think so...and I don't think you understand much about custody determination. You're getting a normal graduated schedule. Your support payment doesn't sound crazy to me based upon $50K/yr.

Maybe your attorney should spend some time telling you the basic concepts of child custody? Or you could google and read about CA custody determination.

 

[LdiJ]

I don't think so...and I don't think you understand much about custody determination. You're getting a normal graduated schedule. Your support payment doesn't sound crazy to me based upon $50K/yr.

Maybe your attorney should spend some time telling you the basic concepts of child custody? Or you could google and read about CA custody determination.

I agree that its a bad idea about hiring a PI. I have heard that some judges get really upset about one parent spying on the other parent like that.

I also agree that its a very normal graduated schedule. In fact, its better than some because you are getting to see the child 3 times a week. If a judge thinks that you want more time because you want to reduce your child support, you won't get very far with the judge.

 

[nextwife]

If you are already paying child care: Has mom been imputed a FULL time income?

 

[ezmarelda]

If you are already paying child care: Has mom been imputed a FULL time income?

If Dad is making 50K and paying $700 in CS Mom's income was calculated as being very close to Dad's

OP is in NO way being screwed here, he has a VERY good graduated visatation schedule and is not paying that much in CS...aprox $26 per day including day care and insurance


edit to add link http://www.alllaw.com/calculators/childsupport/California/

also added...Ca calculates CS then usualy adds on insurance and 1/2 of day care costs

 

[fairisfair]

If you are already paying child care: Has mom been imputed a FULL time income?

He is paying $120 a month in child care. I hardly think it likely that covers FULL TIME childcare.

 

[LdiJ]

He is paying $120 a month in child care. I hardly think it likely that covers FULL TIME childcare.

I agree...in CA that would be lucky to be 20% of full time daycare.

 

[ezmarelda]

I agree...in CA that would be lucky to be 20% of full time daycare.

It is very likely that Dad is only paying a % of daycare costs
regardless, his CS is calculated by both parents income and % of time w/child and if you go to the link I provided and figure in Dads income...Mom's would have to be close to equal for CS to be $700

 

[mmendezvq35]

Okay… I see the point of not hiring the PI and don’t plan to anymore. The mom is working only part-time at a min. wage… (8.25$).

My employer pays my health insurance in full. (My son and I)

My X stated that she was paying her mother $250 so we agree on paying half.

My CS was base on 15%….

I used this calculator, I make about $4206.80 per month Vs her at $660.00.
https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

What gets me is that why do I need to prove myself to the court for? I haven’t done anything wrong… why is the mother just granted the benefit of the doubt.

 

[ezmarelda]

Okay… I see the point of not hiring the PI and don’t plan to anymore. The mom is working only part-time at a min. wage… (8.25$).

My employer pays my health insurance in full. (My son and I)

My X stated that she was paying her mother $250 so we agree on paying half.

My CS was base on 15%….

I used this calculator, I make about $4206.80 per month Vs her at $660.00.
https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

What gets me is that why do I need to prove myself to the court for? I haven’t done anything wrong… why is the mother just granted the benefit of the doubt.

Umm, Mom is "granted the benifit of the doubt" about what?

 

[MrsK]

Why isnt she being imputed a FULL TIME wage if she has her mother to babysit?

 

[ezmarelda]

Why isnt she being imputed a FULL TIME wage if she has her mother to babysit?

If she is only working PT and is only paying G-ma $250p/mo for daycare...I think he's better off with her not being imputed FT because it will cost him more in child care.

Also maybe mom is working PT because G-ma is only available PT