Should I request a Seek for Work order?

[out-of-cash]

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

Hello, I would first like to thank anyone that might be able to give me some insight on this issue.
The short of it, I have been paying Child Support for years now. The mother has always tried to raise the support but never completed the process correctly in the past, so the courts never ordered the change.
We now have a family law case that has a set visitation schedule (this is new) and have returned to DCSS for the adjusted support orders.
The mother is claiming that she makes FAR less than minimum wage and is currently upset that the court is basing income off of a minimum wage job at 40 hours per week. The mother has a double AA and is able to work without a problem.

My question is, would it be worth my time to request the courts to order the mother to Seek for Work and at a rate that should be fitting a person with her education (as far as I know, she has always worked minimum wage jobs and lived on her child support/EDD income).
My feeling is that she is making more money than she claims (off the books) with her current job and I would like to find a way to force her to show that to the courts (with the current job or with a new job).

I am not trying to ask for something that is unfair, just that she should be honest with what it is that she is doing.

Thanks again to anyone that can help.

 

[Proserpina]

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

Hello, I would first like to thank anyone that might be able to give me some insight on this issue.
The short of it, I have been paying Child Support for years now. The mother has always tried to raise the support but never completed the process correctly in the past, so the courts never ordered the change.
We now have a family law case that has a set visitation schedule (this is new) and have returned to DCSS for the adjusted support orders.
The mother is claiming that she makes FAR less than minimum wage and is currently upset that the court is basing income off of a minimum wage job at 40 hours per week. The mother has a double AA and is able to work without a problem.

My question is, would it be worth my time to request the courts to order the mother to Seek for Work and at a rate that should be fitting a person with her education (as far as I know, she has always worked minimum wage jobs and lived on her child support/EDD income).
My feeling is that she is making more money than she claims (off the books) with her current job and I would like to find a way to force her to show that to the courts (with the current job or with a new job).

I am not trying to ask for something that is unfair, just that she should be honest with what it is that she is doing.

Thanks again to anyone that can help.

The court is unlikely to comply with your "wishes". They've imputed her an income. That's good enough.

Incidentally, a double AA is worth just about...nothing.

 

[Zigner]

The court is unlikely to comply with your "wishes". They've imputed her an income. That's good enough.

Incidentally, a double AA is worth just about...nothing.

Hey, it's worth at least AAAA

 

[Proserpina]

Hey, it's worth at least AAAA

Wait. Are we talking battery sizes here?

I might need to review my answer.

 

[out-of-cash]

Thanks everyone.
That is what I was thinking. To me it is really sad since I know that she is scamming the system to get more money out of me (and the father of her other child) since she is working off the books.
It isnt that I dont want to pay the support, I just want it to be fair and used for my child. Before her last increase in support, she was stating that she had NO job, no money and could not afford to do anything. Now that she has the increase, she has gone back to school, has a 2nd car (well this one is a Ram Truck, mega cab, so she gets about 10mpg... On top of the Limited Edition Ford car that she has) and can now afford to take vacations.
Here I sit, not sure I will be able to keep making my mortgage payment now.
I have to love how the system works...
And come to find out, the judge in the Family Law case did not enforce all of the orders that had been requested and agreed to in our mediation session... So now I might have to deal with that side of things again.
It wouldnt be so dang frustrating if I didnt live more than 150 miles from the county that they live in. It just makes everything so much more difficult to deal with.

As for the AA not being worth much, I would normally agree, but this is coming from a guy who never completed high school but makes a nice living that can support his family and home... Why can she not get a job that is at least minimum wage?

 

[cbg]

Just to play devil's advocate here for a minute, I do think it worth pointing out that seeking for a job is not finding a job - that this is a poor economy and there are more people looking for work than there are jobs to be had. Many employers will not hire someone they believe is overqualified. It's not as easy getting a minimum wage job as you may think.