sotiredofit
Member
What is the name of your state? I'm in california.
I have a OSC scheduled for next month in which my ex is the petitioner. I had been married to him for 10 years and we have two children (14 and 10). We were divorced in 2004. He is asking that child support be cut or reduced because his private disability has been "suddenly" cut off (he says...). I do not have a lawyer. I went to the court facilitaor (lawyer) and she prepared a subpoena for me where I am requesting that my ex send the court all conversations, records, records of payments, etc. to the court for the hearing.
Facts in the case.
1) The ex was a mortgage loan officer and last year at his job, he made $155K. He went out in 2004 on private disability. I don't know the formal diagnosis, but in his order to show cause declaration that was served on me, the ex said it was nerve damage.
2) He had been receiving $5600 a month since 2004 on this private disability claim. He told me he was only getting $4200 a month and me being gullible believed him and made a child support stipulation in which I agreed to accept $2k a month. Based on CA guidelines I should have been receiving between 2600 and 2800 because I wasn't working (was going to school). Thus he's a liar and a cheat.
3) He stated on his declaration for OSC that he is going to start a new business and he estimates the income at 2-3K per month. That would substantially reduce my support.
4) His new wife makes 2k per month with an inhome daycare business.
5) They just bought a brand new home with a mortgage payment of 1,579.
6) I have two degrees (bachelor and Master's), but have only worked sporadically. If I get a job, I will be starting out at least 4k, but for now, I work as a sub teacher. I've only made 1k a month tops in the last year. If that. I just graduated in May with the Masters. I have not been working much because I don't feel well, sick, chronic aches and pains. BUT I have been actively looking for work in the field I've gotten my degree in.
Here are my questions:
1) I am asking that the judge impugn income to my ex of 155K (last earnings at last job before he went out on disability) If not, then impugn income of $5600 per month that he was getting on disability. My argument is that if the disability cut him off, he isable to work and he refuses to find a job that will pay him comparable (remember he wants to start up a new business). How likely is it that a judge will do this for me??
2) will the judge impugn income to me? Will it be minimum wage since I have been a stay-at-home mom for 10 years raising our children before I went back to school? Or will it be more do to the fact I now have a master's degree?
Please help me. I don't money for a lawyer. But, found a low-cost legal aid program and have an appt. with one on Monday. That's one good thing.
I have a OSC scheduled for next month in which my ex is the petitioner. I had been married to him for 10 years and we have two children (14 and 10). We were divorced in 2004. He is asking that child support be cut or reduced because his private disability has been "suddenly" cut off (he says...). I do not have a lawyer. I went to the court facilitaor (lawyer) and she prepared a subpoena for me where I am requesting that my ex send the court all conversations, records, records of payments, etc. to the court for the hearing.
Facts in the case.
1) The ex was a mortgage loan officer and last year at his job, he made $155K. He went out in 2004 on private disability. I don't know the formal diagnosis, but in his order to show cause declaration that was served on me, the ex said it was nerve damage.
2) He had been receiving $5600 a month since 2004 on this private disability claim. He told me he was only getting $4200 a month and me being gullible believed him and made a child support stipulation in which I agreed to accept $2k a month. Based on CA guidelines I should have been receiving between 2600 and 2800 because I wasn't working (was going to school). Thus he's a liar and a cheat.
3) He stated on his declaration for OSC that he is going to start a new business and he estimates the income at 2-3K per month. That would substantially reduce my support.
4) His new wife makes 2k per month with an inhome daycare business.
5) They just bought a brand new home with a mortgage payment of 1,579.
6) I have two degrees (bachelor and Master's), but have only worked sporadically. If I get a job, I will be starting out at least 4k, but for now, I work as a sub teacher. I've only made 1k a month tops in the last year. If that. I just graduated in May with the Masters. I have not been working much because I don't feel well, sick, chronic aches and pains. BUT I have been actively looking for work in the field I've gotten my degree in.
Here are my questions:
1) I am asking that the judge impugn income to my ex of 155K (last earnings at last job before he went out on disability) If not, then impugn income of $5600 per month that he was getting on disability. My argument is that if the disability cut him off, he isable to work and he refuses to find a job that will pay him comparable (remember he wants to start up a new business). How likely is it that a judge will do this for me??
2) will the judge impugn income to me? Will it be minimum wage since I have been a stay-at-home mom for 10 years raising our children before I went back to school? Or will it be more do to the fact I now have a master's degree?
Please help me. I don't money for a lawyer. But, found a low-cost legal aid program and have an appt. with one on Monday. That's one good thing.