Hello,
My name is Shamika (California). In 2016 I was granted roughly $1400 monthly in Child Support (CS). My ex took me back to court to modify CS 6 months later (September 2016). I provided a detailed accounting of all income and was found to not have any income going forward. I was on workers comp. and received workers comp benefits, private disability and vacation/sick pay. At the time of the hearing, all sources of income had ceased. On record the judge told my ex's counsel that I provided more than enough to prove my income indeed stopped. The judge repeatedly asked my ex's counsel "what do you want me to do?" He repeated, "treat her like a seasonal worker." She repeatedly said she could not, because I had no more income going forward. When it was time to cross examine my ex, we did not have enough time to finish and the trial was continued a month later, allotting 15 minutes to finish the cross examination of my ex.
Mind you, my cross examination took two full court days, because we went over each bank statement, line by line, for three years, with a fine tooth comb. The judge even read my work emails in my phone to confirm I was telling the truth. The judge told my ex's attorney to come back with a solution as to what she can do at the next hearing.
One month later, we return. She immediately asks counsel, "what do you want me to do?" He repeats, "treat her like a seasonal worker," She says, "No, you know what I'm gong to do. I'm gong to input her proposed expenses as her monthly income. My attorney asked, "why" She repeated, "because I just don't believe her." She granted me $274.00 per month and ignored my spousal support order. She signed off on 0.00 spousal support, even though it was never heard. The judge never wrote a reason for her determination.
The dilemma, each time I attempt to modify CS, I'm told by all judges that my circumstances haven't changed. I claimed "no income" September 2016 and I am still claiming no income. I have drained my retirement and savings. Now I am going to try to refinance my house, because I am broke. I do not know know what to do. I am still unemployed and even the child support agency denied my request for modification even though I applied for welfare.
What can I do?
My name is Shamika (California). In 2016 I was granted roughly $1400 monthly in Child Support (CS). My ex took me back to court to modify CS 6 months later (September 2016). I provided a detailed accounting of all income and was found to not have any income going forward. I was on workers comp. and received workers comp benefits, private disability and vacation/sick pay. At the time of the hearing, all sources of income had ceased. On record the judge told my ex's counsel that I provided more than enough to prove my income indeed stopped. The judge repeatedly asked my ex's counsel "what do you want me to do?" He repeated, "treat her like a seasonal worker." She repeatedly said she could not, because I had no more income going forward. When it was time to cross examine my ex, we did not have enough time to finish and the trial was continued a month later, allotting 15 minutes to finish the cross examination of my ex.
Mind you, my cross examination took two full court days, because we went over each bank statement, line by line, for three years, with a fine tooth comb. The judge even read my work emails in my phone to confirm I was telling the truth. The judge told my ex's attorney to come back with a solution as to what she can do at the next hearing.
One month later, we return. She immediately asks counsel, "what do you want me to do?" He repeats, "treat her like a seasonal worker," She says, "No, you know what I'm gong to do. I'm gong to input her proposed expenses as her monthly income. My attorney asked, "why" She repeated, "because I just don't believe her." She granted me $274.00 per month and ignored my spousal support order. She signed off on 0.00 spousal support, even though it was never heard. The judge never wrote a reason for her determination.
The dilemma, each time I attempt to modify CS, I'm told by all judges that my circumstances haven't changed. I claimed "no income" September 2016 and I am still claiming no income. I have drained my retirement and savings. Now I am going to try to refinance my house, because I am broke. I do not know know what to do. I am still unemployed and even the child support agency denied my request for modification even though I applied for welfare.
What can I do?
