complex support issues: father is self employed, mother is full time student

[xylene]

His expenses for living in this bare minimum have to be about 3000. He can't/wont provide tax documents or a monthly profit and loss because he's always owing the bookkeeper money and they won't release documents.

The court is not going to be sympathetic about that for long.

 

[not2cleverRed]

You are still making emotional choices, rather than economical ones. You could have chosen to take a shorter courseload in something that would give you more job security and more money than teaching. A ten-month LPN course will give you an average $40-45K per year in California. See what I mean?

I went to school FT and worked FT while I was the sole provider of an infant. If I can do it, anybody can.

Not true. There are things you can do as a 20 something that you simply CANNOT do as a 40 something. The body ages.

OP is planning on teaching math. There is a high demand for math and science teachers.

I think OP is trying to get a reality check or confirm whether or not she is getting correct legal advice. Yes, one likes to trust one's lawyer. But if one is good at math, one soon realizes that it costs money to vent to the lawyer, and that it pays to keep communications concise and legally relevant.

OP: yes, a judge can impute income. The judge can also impute income for the ex as well. Based on your limited work experience, it is likely that your income will be imputed at a lower level. As your husband worked throughout the information, he is likely to be imputed at a higher level, even if his bookkeeping is a mess and he hasn't filed a recent tax return. Presumably he has a profession and there is a median income for his profession that could be used as a basis for imputing his income. You might find an articles from the Bureau of Labor Statistics for evidence of this. (Because THIS information is something that you can provide to your lawyer.) Or an older tax return can be used...

 

[CourtClerk]

This is long. sorry.

At least you apologized.

At 19, I was pregnant, a single mother by 20 with a full time job and going to night school, living on my own and paying all of my own expenses (WITHOUT the help of welfare) in CA no less.

You make babies, you support babies first, you do education second. You may want to look at the stats. Teaching in CA is becoming a market that's falling by the wayside. This whole state is laying off teachers in droves.

 

[LdiJ]

I was not aware this forum was solely for pro-se litigants. I was looking for hope that I could continue my path with education. The frustration of the obstacles I have encountered in just trying to live my life have been a lot. The courts don't decide anything and I know I don't deserve anything because of or based on my frustration and I know this.

There are benchnotes for California (I think this is what it is called) regarding income and imputation and caselaw regarding parents who were imputed income when they were in college. My attorney has a busy caseload and I am doing research as to what I can reasonably expect so I can plan accordingly. She suggests the court will not impute against me as I have been working part time and doing what I can while going to school. I cannot be sure this will happen.

Honestly, all of the opinions that you have been receiving here that your education should be your second priority are completely and 100% personal opinions and have nothing to do with the legalities. As long as your children's basic needs are covered, (and you are paying child support IF you are ordered to pay, which I think is very unlikely) the court absolutely does NOT care if you choose to go to school full time. Once again, if you are able to meet your needs through student loans and part time work so that you can go to school full time....MORE POWER TO YOU. I wouldn't bother me the slightest if you collected every kind of state aid available to do so either. An education makes you a productive taxpayer for life...and you are starting late. So I encourage you to go for it.

 

[liberty007]

I am posting this in this thread since I have it started but it has nothing to do with support. I didn't want to make a thread mess so I'm posting here.

Just two weeks ago After mediation and in front of judge I requested and was orders for all conversation be about co parenting only and only by email except in case of emergency. Also that parents remain in cars during switching (curbside is what the judge said). Parents are not to approach the car or the residence or exit the residence to approach the arriving parent.

This was because of aggressive behavior toward me by him. And because he refused to comply after months of my requesting by email and by maintaining the boundary myself, and even through formal request through his attorney. He continued his behavior so I requested and was granted the order. I do not have a copy of the files document yet.

So today he had an arrangement to pick up the kids at my house. I had run to pick up one of the kids to have them back in time. When I approached my house he already was on my front porch.

I chose to let my daughter out right there in street and I decided not to park in the driveway and get out of the car. I had to drive off because I could not enter my own house.

I know this is not anything at this moment for action, but How do I document? He tends to act in cycles of acceptable behavior and aggressive behavior against me and alienating type things with the kids.

My main concern is for my own safety and ability to switch kids without disturbances. During the school year there are a lot of switches.

 

[ecmst12]

That was silly for you to drive off. You should have pulled up in front of the house and waited for him to get back into his car with the child, then gotten out of your car. Since you weren't there, how long was he supposed to wait in his car?

 

[liberty007]

I really didn't know what to do. It was his first appearance at my house since the order.

 

[ecmst12]

I would suggest that in future encounters, you attempt to remain calm and rational, don't let him rattle you like that again.

Also make sure that you and the kids are home at the agreed time for pickups.

 

[liberty007]

Just wanted to thank you for answering me. I heard back from my attorney and she said that him being on my front porch was a problem and that she was going to take care of it.

I don't know what happens when those orders get violated. This part is all new to me.

 

[torimac]

Not true. There are things you can do as a 20 something that you simply CANNOT do as a 40 something. The body ages.

OP is planning on teaching math. There is a high demand for math and science teachers.

Age is not an excuse for preventing the completion of a college degree. As has been said, many parents on this forum have full time jobs and went to school full time. I have been going to school full time, with breaks as needed due to moving, new job, etc. I am one term away from a math degree. So, it is possible to work full time, be a parent nearly full time and get a math degree.

While there is not as much as a need for teachers right now, with the cut backs, there should be in a few years. Particularly math teachers.

In the meantime, OP, put those mathematical logic skills to use.

 

[mmmagique]

Just wanted to thank you for answering me. I heard back from my attorney and she said that him being on my front porch was a problem and that she was going to take care of it.

I don't know what happens when those orders get violated. This part is all new to me.

And generally, I would agree. Except that...you weren't there. How long would you sit in front of his house waiting to pick up your children if they didn't come out at the agreed upon time? What would you do? First, you'd probably try calling on your cell phone, and then, (if you're like most people) you'd probably go knock on the door. It doesn't seem unreasonable to me. (in this situation.)

 

[LdiJ]

And generally, I would agree. Except that...you weren't there. How long would you sit in front of his house waiting to pick up your children if they didn't come out at the agreed upon time? What would you do? First, you'd probably try calling on your cell phone, and then, (if you're like most people) you'd probably go knock on the door. It doesn't seem unreasonable to me. (in this situation.)

If dad immediately got back in his car after knocking on the door or after he saw them pull up, then I might agree with you. However, dad apparently did not do that.

 

[Silverplum]

This little mess wouldn't have happened if everyone was on time.

 

[liberty007]

Just in case it matters, I was on time. I was there at exactly the pick up time. Dad was out of his truck already and on the front porch talking to the other kids. He would have known by then that I was not there and would thus be arriving shortly as likely the kids told him...

 

[liberty007]

Thanks for the reply and hello to another mathy! The state tracks needed teacher jobs and next year is forecasted need of 1500 in the state. That's up from 1265 in 10/11.