child custody modification ..."malingerer"?

[lweinlan]

What is the name of your state? California

My ex-wife filed a order to show cause to get more child support from me. She claims that she is now going to school to get a better degree, working only part-time, thus having less income. Her decision to go to school during day time, thus cutting her work day in half is purely voluntary. Before going to school, she was working full time with enough income that would not justify a new calculation of child support. She is currently paying me spousal support (in the same oder she is requesting it to be terminated because I remarried). Do I have to pay more child support because she decided on her own to reduce her income? By the way, by terminating spousal support paid to me, she would also increase her income...
Second, I read that it would be possible for me to totally terminate child support based on the fact that she is being malingerer by using this "half time work, going to school" scheme. Is that true? Thank you.

 

[I AM ALWAYS LIABLE]

What is the name of your state? California

My ex-wife filed a order to show cause to get more child support from me. She claims that she is now going to school to get a better degree, working only part-time, thus having less income. Her decision to go to school during day time, thus cutting her work day in half is purely voluntary. Before going to school, she was working full time with enough income that would not justify a new calculation of child support. She is currently paying me spousal support (in the same oder she is requesting it to be terminated because I remarried). Do I have to pay more child support because she decided on her own to reduce her income? By the way, by terminating spousal support paid to me, she would also increase her income...
Second, I read that it would be possible for me to totally terminate child support based on the fact that she is being malingerer by using this "half time work, going to school" scheme. Is that true? Thank you.

My response:

Apparently, she filed her OSC on her own without a consultation from an attorney. The reason I say this is because there is no attorney who would advise her that she could increase the child support under the circumstance you have explained.

In the matter of the Marriage of LaBass & Munsee (1997) 56 Cal.App.3d 1331, 1339, 66 Cal.Rptr.2d 393, 398, that appellate court stated - -

"[The] trial court properly imputed full-time employment income ($2,646/mo.) to a custodial parent who had been working as a part-time teacher ($824/mo.) even though full-time teaching positions and child care were available. The record showed she was qualified for the job (emergency teaching credential and masters degree in English literature) but she chose to work only part-time at a local college so she could pursue a second postgraduate degree and spend more time with her children.

"While [Ex-Wife] may choose to pursue her education and spend more time with her children she may not use this choice to avoid her obligation to contribute financially to their support, unless the court finds that such decision is in the best interests of the minor children."

She's playing a "fools game". Only in the rarest of circumstances will a court allow a parent to reduce their income voluntarily, and saddle the other parent with the child support shortfall. Also, you are VERY correct that when her spousal support to you ends, that her disposable income will increase - - thus, making any argument for a reduction even more implausible.

Also, there is no way in hell that you'll ever be able to cancel your child support obligation - - no matter what she does. So, I don't know where, or from whom, you got that little tidbit of information.

Good luck, and I believe that she's placing a noose around her own neck because this is what happens to people when they want to practice law on their own and play Perry Mason. Either that, or she has one of the worst Family Law attorneys in the State of California.

IAAL

 

[zerocookie]

she is going to Law School....I guess she is trying to play attorney before being one...

 

[I AM ALWAYS LIABLE]

My response:

You're welcome.

IAAL

 

[zerocookie]

thank you very much..I have already found the case on the web, and printed it...Just for info.

Now, I would like to know if there is any way to "counter attack" ? I think that this case is detrimental to my son...going to court again with all the stress that this would bear..My son, 10, is very happy with the current custody arrangement. Is there anything that I could do or file for this case so that a Judge would rule that this kind of behavior from her is detrimental to the child and ...to me? I have to spend time in court, find an attorney, and so on...plus the associated burden that I feel..I also feel harassed...

Thank you

 

[I AM ALWAYS LIABLE]

thank you very much..I have already found the case on the web, and printed it...Just for info.

MY RESPONSE: Yes, but did you read it?



Now, I would like to know if there is any way to "counter attack" ?

MY RESPONSE: "Counter" in what manner? I just gave you the case that will "stop her in her tracks", but you need your own attorney to accomplish a proper response for you to the OSC.




I think that this case is detrimental to my son...going to court

MY RESPONSE: Oh, really? But, you said, "I read that it would be possible for me to totally terminate child support . . ." I think the two of you are "detrimental" to your son. How could you even "think" of saying such a stupid thing?


again with all the stress that this would bear..My son, 10, is very happy with the current custody arrangement. Is there anything that I could do or file for this case so that a Judge would rule that this kind of behavior from her is detrimental to the child and ...to me? I have to spend time in court, find an attorney, and so on...plus the associated burden that I feel..I also feel harassed...

MY RESPONSE: If there's any stress, she's the one causing it. Once she starts the train down the tracks, there's no stopping it until a judge rules on the OSC.

Get a consultation with a local attorney, and in your response you can always ask the court to order that your attorney's fees and costs be reimbursed. That might, or might not, happen.

IAAL

 

[zerocookie]

You are right. It is stupid to think about "terminating child support".

I probably overeacted. What I simply want is for her to stop dragging us to the court every time she finds something that could make a case. My point was more to see if there is any way stopping her in the future. In my opinion, it does not seem right to drag someone to court for reasons that are not well founded. I was simply wondering if a Judge would have the same toughts, and rule that she should stop this kind of behavior? I mean can you simply just drag everyone to court because you just feel like it? Would a Judge not give her a warning? I mean tell her to just stop this kind of behavior, or better consult with an Attorney before going to court? That's what I mean with "counter attack"..I just want to have peace and stop going to court for reasons not well founded (futile)? Thank you

 

[OnlyOneVoice]

In most cases there is rarely peace after divorce until all the children are grown or one of the parties to the divorce is dead.

Sometimes even after a party is dead the turmoil continues with the decedent's family being the perpetrators.

Sad to say, but true.