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Increasing to the guideline amount

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chkihann

Junior Member
What is the name of your state? Missouri, but case is in California

Hi, this is my first post

My ex and I have two children together (11 and 13) we had 50/50 custody and for some reason he took be to court and I ended up with 82% and he got what he wanted visitation 18% (summer vacation and alternating major holidays) which was basically what we had anyway, the kids remained with me during the school year. After the court I sought child support, I was awarded $949.00 a month and also three months of retroactive. My ex called me after the court date and told me he was going to lose his truck, knowing that our children require weekly allergy injections I settled for $800.00 a month (he wanted me to take $600.00) and the retroactive to be paid in payments of $62.37 for 24 months. When all papers were filled out and filed, he all of a sudden had money to burn.... nope he didn't lose his truck, he was also able to buy a laptop and $300.00 cell phone, he also some how had the money to rebuild his motorcycle engine. I feel once again I felt bad for him and once again he took advantage of that. How do I go about asking for the guideline amount awarded to me by the courts? Do I need an attorney? What forms do I feel out? When I do receive the guideline amount how do I file the FL-195 form to have the support taken out directly from his check? If we do go back to court for this can I ask him to seek a different attorney due to "conflict of interest" he was friends with his attorney before the case and now has dinner with him and our children and DOES discuss the case infront of them, the attorney also gives our children gifts. I feel he is not just legally involved, but now personally also. Thank you for listening and any information will be greatly appreciated!
-Kimberly
 


L

legalcuriosity

Guest
chkihann said:
What is the name of your state? Missouri, but case is in California

Hi, this is my first post

My ex and I have two children together (11 and 13) we had 50/50 custody and for some reason he took be to court and I ended up with 82% and he got what he wanted visitation 18% (summer vacation and alternating major holidays) which was basically what we had anyway, the kids remained with me during the school year. After the court I sought child support, I was awarded $949.00 a month and also three months of retroactive. My ex called me after the court date and told me he was going to lose his truck, knowing that our children require weekly allergy injections I settled for $800.00 a month (he wanted me to take $600.00) and the retroactive to be paid in payments of $62.37 for 24 months. When all papers were filled out and filed, he all of a sudden had money to burn.... nope he didn't lose his truck, he was also able to buy a laptop and $300.00 cell phone, he also some how had the money to rebuild his motorcycle engine. I feel once again I felt bad for him and once again he took advantage of that. How do I go about asking for the guideline amount awarded to me by the courts? Do I need an attorney? What forms do I feel out? When I do receive the guideline amount how do I file the FL-195 form to have the support taken out directly from his check? If we do go back to court for this can I ask him to seek a different attorney due to "conflict of interest" he was friends with his attorney before the case and now has dinner with him and our children and DOES discuss the case infront of them, the attorney also gives our children gifts. I feel he is not just legally involved, but now personally also. Thank you for listening and any information will be greatly appreciated!
-Kimberly
You will simply have to wait the minimum required time (about 3 years) to file for a modification.

No, you couldn't ask him to seek different counsel. That is his right (it's in the constitution as one's choice to counsel). He's the attorney, not the Judge -- there is no conflict of interest. There's nothing stopping you from having lunch/dinner/brunch with your attorney. Not to be insensitive, but you're only talking about $150.00/month here. Obviously it wasn't an issue then and quite frankly, it isn't one now. You just seem ticked and want to "get him" for the rest. Remember, it's "CHILD SUPPORT" -- not "YOU support."

In addition, depending on his job, those items he ALLEGEDLY purchased, might be needed for work and quite possibly, his company paid for them or will be written off as a business expense.
 

VeronicaGia

Senior Member
In CA, as is with many if not all other states, you can modify up to guideline support at any time without proving a change in circumstances.
 

chkihann

Junior Member
I was only asking a question!

legalcuriosity said:
You will simply have to wait the minimum required time (about 3 years) to file for a modification.

No, you couldn't ask him to seek different counsel. That is his right (it's in the constitution as one's choice to counsel). He's the attorney, not the Judge -- there is no conflict of interest. There's nothing stopping you from having lunch/dinner/brunch with your attorney. Not to be insensitive, but you're only talking about $150.00/month here. Obviously it wasn't an issue then and quite frankly, it isn't one now. You just seem ticked and want to "get him" for the rest. Remember, it's "CHILD SUPPORT" -- not "YOU support."

In addition, depending on his job, those items he ALLEGEDLY purchased, might be needed for work and quite possibly, his company paid for them or will be written off as a business expense.
I was only asking a question, you don't have to be so rude, look when you're the one paying for all medications, because the other party waits to take his own kids to the allergists, and now you have to pay for all dental work because the other party takes them the last day they're their, you'd be ticked off too, I never once was rude about my ex nor was I making up lies to make him look bad. Yes it's only $150.00, it's also $150.00 that can make the kids life more stable, and make them able to either play sports or do whatever they want. I don't know where you think you're comming from saying I'm assuming this support is for me. I use every penny that comes from my ex on my two kids. My husband now, pays for ALL expenses we have 15 month old twins together and his paycheck goes to them and even to my previous two with my ex! I take each child support check and keep it seperate (which I don't have to) and spend it soley on the two kids with my ex. So unless you have anything nice to say, which you most likely don't, leave me alone, you don't even know me! You're just a rude person whose unhappy, so you need to make everyone unhappy too!
 
Doesn't have to know you to see from your post that you want to dominate the situation and still WAY to concerned with what the ex does and with whom he does it.

Why not ask the Atty the question and get answers from someone who will know your situation better than anyone here possibly could.
 

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