Percentage incorrectly calculated for time share visitation so now MOM has to pay

[VintageHelp]

I am in California. HELP!!

Ok, time share is like this, son lives with me and is with his dad 3 weekends a month. Split holidays odd/even and split breaks. Summer he is with his dad but I get one full week and still one weekend a month.

when we went to court ex wanted to modify the support because he was getting him more...totally fine with that. Well the court appointed rep came to a figure that ex has son 58%!! She couldn't prove to me how she came to that number and I contested it but said if that is what our agreement comes out to fine. Court ordered ME TO PAY HIM support but since I pay 8,000 a year in private school he called it a "wash" and I didn't have to pay.

After court I did my homework and found a program called Custody Xchange. Basically you put in your agreement and it calculates it on a calendar and prints it on a court document and a very detailed layout of the agreement and it states I have my son 59%!!!

so I refilled went back to court and the court appointed rep didn't even look at it and said I should have filed with in the ten day window. I said I didn't know and she said when you represent yourself in court you act as an attorney and SHOULD HAVE KNOWN.
long story short, I have yet another court date in October to go back to court and my ex can scribble on a calendar contesting the agreement and the judge is going to take it.
I don't have money for a lawyer but I'm totally getting screwed here. Ex makes $5 more a hour than me, plus overtime, has only a $500 montly rent payment(only rents a room) my son doesn't even have a bed and never has!! with his dad. No car payment for ex either.
I have more bills, less money. WHY do I have to pay him??! please I beg someone to help me. Thanks in advance.

Theresa

 

[Silverplum]

I am in California. HELP!!

Ok, time share is like this, son lives with me and is with his dad 3 weekends a month. Split holidays odd/even and split breaks. Summer he is with his dad but I get one full week and still one weekend a month.

when we went to court ex wanted to modify the support because he was getting him more...totally fine with that. Well the court appointed rep came to a figure that ex has son 58%!! She couldn't prove to me how she came to that number and I contested it but said if that is what our agreement comes out to fine. Court ordered ME TO PAY HIM support but since I pay 8,000 a year in private school he called it a "wash" and I didn't have to pay.

After court I did my homework and found a program called Custody Xchange. Basically you put in your agreement and it calculates it on a calendar and prints it on a court document and a very detailed layout of the agreement and it states I have my son 59%!!!

so I refilled went back to court and the court appointed rep didn't even look at it and said I should have filed with in the ten day window. I said I didn't know and she said when you represent yourself in court you act as an attorney and SHOULD HAVE KNOWN.
long story short, I have yet another court date in October to go back to court and my ex can scribble on a calendar contesting the agreement and the judge is going to take it.
I don't have money for a lawyer but I'm totally getting screwed here. Ex makes $5 more a hour than me, plus overtime, has only a $500 montly rent payment(only rents a room) my son doesn't even have a bed and never has!! with his dad. No car payment for ex either.
I have more bills, less money. WHY do I have to pay him??! please I beg someone to help me. Thanks in advance.

Theresa

The person at the courthouse who explained that you missed your appeal window was correct.

On what basis are you returning to court in October?

Child support is not calculated by one's bills.

 

[VintageHelp]

reply to silverplum

The person at the courthouse who explained that you missed your appeal window was correct.

On what basis are you returning to court in October?

Child support is not calculated by one's bills.

My basis is now my ex is saying he is going to claim him on his taxes and the judge said I could claim him to help pay for the school tuition. I am also taking him back because the percentage is INCORRECT!!
I understand that it isn't based on bills but it should note that he makes more than me.

So I am just screwed in this, raising my son and paying his "dad" support and he refuses to even buy him school clothes or supplies or even get the poor kid a haircut?

This seems so Unjust

 

[ecmst12]

This is the risk you take when you represent yourself and don't know what the heck you're doing.

 

[VintageHelp]

This is the risk you take when you represent yourself and don't know what the heck you're doing.

great

what a wonderful system we have

 

[Isis1]

great

what a wonderful system we have

you lost the opportunity to take back the judgment.

what you haven't lost is the right to request a modification.

you can still do that. it's a live and learn issue. i had to do it myself a few times. sometimes you just have to accept the trial and error method.

 

[CJane]

CA has fairly liberal modification guidelines, if I remember correctly. You MAY be able to handle this as a modification to child support, rather than a reconsideration. Basically - child support is figured on X timeshare, but reality is Y timeshare, please modify.

 

[Silverplum]

great

what a wonderful system we have

Whenever I see those sorts of statements, I always ask; I never get an answer.

How is the "system" to blame for your situation? You didn't read the basic rules, didn't learn well enough to rep yourself. How is that the "system's" fault?



What do you propose be changed? It will cost money: who will pay for the proposed changes?

 

[Silverplum]

My basis is now my ex is saying he is going to claim him on his taxes and the judge said I could claim him to help pay for the school tuition. I am also taking him back because the percentage is INCORRECT!!
I understand that it isn't based on bills but it should note that he makes more than me.

So I am just screwed in this, raising my son and paying his "dad" support and he refuses to even buy him school clothes or supplies or even get the poor kid a haircut?

This seems so Unjust

Is the person you call "dad" NOT the child's father? That's the only valid reason I can see to put his title in quotes, "mom."


rolleyes:)

 

[CourtClerk]

You may want to go to childsup.ca.gov and put your schedule in there and see what kind of a timeshare they say you have, but I have to agree with Silverplum, your ignorance of the system caused your problems, not the system itself. I suppose of dad had to pay YOU, then the system would have worked just fine.

Now just be aware that parents are not REQUIRED to pay for private school. If you chose private school, then you pay for it. If he maintains 58%, then you can't claim the child because that would go to dad and if you truly do have primary custody, then you do get to buy clothes and all that stuff, because that's what child support is for.

The child doesn't need their own room or bed, a sofa or a pallet on the floor will do just fine. If you want the child's hair cut, then cut it. He doesn't need a car payment, having one doesn't make you any better it just proves that you couldn't afford a car outright. I'm not sure why not having bills is a measure of his ability to parent.