Child support question

[A Good Daddy]

What is the name of your state (only U.S. law)? Mo
I have been ordered to pay child support for my 3 children. This came on a ruleing for modification od the original decree.
Questoin is:
My income was listed wrong on the schedule 14 that was submitted to the judge and the judge used those wrong figures. X and I have 50/50 custody. She is unable to work, but gets long term disability insurance from her work (DFS).
Does the judge have an obligation to make sure the figures are correct? Or does she have the authority to just say I pay what she orders and that is the end if it?
Also can you tell me why I have to pay over 1/2 of her attorney fees?
Also can you tell me why I have to pay 2 times as much as X on the Guardian Ad Litem fees?
In the Findings of fact the judge put into the ruleing, she admits all my evidence is there. There was nothing offered as evidence from her side. The only thing I can figure is she works for the State Of Missouri, and she had a car accident that has kept her from being able to work, but she can attend full time college courses. If she can do that, I think she could work. I don't mind paying for my kids, I always have.

 

[A Good Daddy]

Child support

I forgot to mention that I have been paying $123.00 for health coverage for the kids as ordered in the original divorce decree in 2004. On x's form 14 it is not included in the calculation. which also makes the end figure higher than it is supposed to be.

 

[Zephyr]

My income was listed wrong on the schedule 14 that was submitted to the judge and the judge used those wrong figures. X and I have 50/50 custody. She is unable to work, but gets long term disability insurance from her work (DFS).

did you fill out a financial form?

Does the judge have an obligation to make sure the figures are correct?

the judge does not gather evidence, each party presents their evidence, the judge can only rule based on what's in front of her

Or does she have the authority to just say I pay what she orders and that is the end if it?

pretty much, there are options to change or amend a ruling, and deviations allowed from the guideline amount

Also can you tell me why I have to pay over 1/2 of her attorney fees?

the judge thought that was fair based on statutes and all other evidence before her

Also can you tell me why I have to pay 2 times as much as X on the Guardian Ad Litem fees?

likely because of a considerable difference in income

In the Findings of fact the judge put into the ruleing, she admits all my evidence is there. There was nothing offered as evidence from her side. The only thing I can figure is she works for the State Of Missouri, and she had a car accident that has kept her from being able to work, but she can attend full time college courses. If she can do that, I think she could work. I don't mind paying for my kids, I always have.

when was this order made?


as far as the health insurance, did you make the court aware of your costs?

 

[A Good Daddy]

Child support

Thank you for youe reply.
The orders were signed by the judge on 23 June, 2008.
Yes my financial forms were submitted.
As for the evidence in front of the judge: In her findings of fact she admits that the boyfriend destroyed x's house. Judge admitted x had to climb out of a window to flee boyfriend's rage. Judge admitted there is evidence that boyfriend smokes weed in the home. Judge admits to the fact that boyfriend drives with the children in the car in total disreguard to the divorce decree that states he can't because he has no lic and can't get one till 2013. Judge admited that she withheld custody to me when I came to get the kids for the start of my custody.
As far as her side, she entered no evidence. Just her income and expence statements, her parenting plan, her form 14 and her attorney's bill. What the heck happened here?

 

[A Good Daddy]

Child Support

Can I file bankruptcy on the Guardian Ad Litem and her attorney?

 

[CJane]

A Good Dad... please PM me what county you're in and exactly what motions were filed. I might be able to lend some guidance for you.

 

[A Good Daddy]

Child Support

I filed in Jefferson Co Mo on Oct 12, 2004. That was the date I filed:
" Petition's Affidavit in Response To Notice Of Relocation Of Children From The Respondent, Petitioner's Objection To The Relocation Of The Children, Petitioner's Motion To Modify Judgment Of Dissolution Of Marriage"

In this petition the only thing I was asking to have changed was that My address be listed as the residence of the children for medical and educational purposes.

In April, 2005 I filed: "Petitioner's First Amended Motion To Modify Judgment Of Dissolution". By this time I had been given photo,s of x's boyfriend destroying the home that x and the 3 daughters and her boyfriend live. This evidence was presented in court as well as the landlord was there and testified as to where the photo's were taken by (X wife took them and gave them to the landlord) and my attorney got a set of the photo's from the landlord.

I wish there was a way I could show you the photo's of the distruction that were handed in as evidence.

I thank you so much for any help with suggestions you may have.

 

[A Good Daddy]

Child Support

Try this. I hope you can see 1 of the photo's here. It,s in Photo Bucket.

http//sphotobucket.com/albums/bb2008/June_2007_photos/?

 

[CJane]

The link isn't working.

Is there any way you can hire an attorney - NOW?

You can file a Motion to Set Aside, stating that the judgment (I'm assuming you did not prevail in your efforts to gain custody) was against the weight of the evidence. If/when that fails, you can file an appeal.

But there are serious time limits on all of these remedies... and honestly, if you're only concerned about the child support amount, it's almost surely a losing battle... and likely to cost you more in legal fees/filing fees than the child support will anyway.

 

[A Good Daddy]

Child Support

O I am sorry I caused you to think the reason I am wanting an appeal has nothing to do with the child support. The reason I mention it is because of the obvious mistake they made in the calculation. I think an appeal would show the decision was made against the overwhelming evidence.

I have a terrible time copying these URL's I am sorry!
Can you try this link please?

http://photobucket.com/june_2007_photos

 

[CJane]

Still not working. But I'm not the person needing convinced.

What was the GAL's recommendation regarding custody?

 

[Bloopy]

Still not working. But I'm not the person needing convinced.

It’s probably not best to post photos of anyone or anything regarding his case anyway.

Hey Good Daddy, what did you ask for custody-wise?

 

[LdiJ]

I just thought that I would throw this out here...just in case.

OP, is there any chance that the judge considered you to be underemployed? The reason why I ask is that its common for the courts to impute a higher income to a parent if they believe that the parent is underemployed.