Contempt & Modification of CS Inquiries

[Swany]

What is the name of your state? CA...

As some of you know, I filed Contemp on the $11,000 in back support. Court date is end of Oct. His current CS is based on him making $21.00 an hour. He's always been self-employed and he came to this $21.00 an hour last year when I filed Contempt the first time. I dropped the Contempt as he gave me a big fat check.

I know he'll probably want to "reduce" his support, but being a "business owner" not doing well in his "Machineing" business, would the court even give in to his request? He filed Chapter 13 on his two cars and a small business debt of $5,500 effective the beginning of this month. Of course, he'll reveal this to the court in Oct. He could easily go out and get a "regular paying" job. I've pulled several Job Listings in his area that for someone of his experience and talent, he could be making a ton of dough.....probably in the $80,000 range in Texas, as he's been in business for himself for almost 20 years. Yes, obviously he can't work for anyone for any period of time due to his personality issues. What can I do to make sure he doesn't reduce his support. Any "speculations" would be apprciated.

Much thanks, Swany

 

[VeronicaGia]

If he's been in business for himself for 20 years, he has set a precedent that the judge will likely uphold.

If he just started the business, I could see your point. But you're asking to impute income to him based on what he could be making working for someone else when he has a 20 year old business to run. No one can tell you what a judge will decide, but I don't see this as a likely scenario.

 

[nextwife]

I agree, VG, He's not voluntarily changing his form of employment. He's self-employed, just as he obviously was when you chose to have a child with him. Just because there is an ad in the paper does not mean that an employer necessarily wants a guy used to working independently for himself.

 

[Swany]

Okay, here's the other added info that I should have mentioned. He moved to Texas just about a year ago from here...CA. And I knew that he'd most likely move his business there as well, however, he opened the business under his current wife's name, so as to hide this business from me. He then claimed that he would be working for this "company" making $21.00 an hour and if he was there for 90 days plus, he'd get a signing bonus, but his salary was capped at $65,000 a year. This is all in court documents. So then, I discover (as it's public information) that the "so called" business that he's working for is owned by his wife - who by the way has a full-time job as a paralegal. The judge didn't like this and told him a year ago that this was criminal in nature - what he did - but the judge just slapped his hand at the time. NOW, he's claiming his business isn't doing well at all and as much is trying to get out of paying CS. What do you think the judge will think of this now? Do you think that she would allow him to reduce his CS....?

You're right too, just because he's in business for himself, I guess doesn't mean that someone would want him working for them.

Swany

 

[SM5NY]

It all depends on what other evidence he shows the court, is what depends on what the judge will decide. Nobody here can actually tell you what the judge will decide, but hope all works out for the best of NOT you but your children. They are the big factor here and go along with the support, and you really haven't mentioned them.
You seem extremely bitter toward your ex and his wife. Why would this man get these jobs in the adds you mentioned to make more money, so you could just take him to court for more $$.

 

[Swany]

SM5SY - Thank you for your comments. They really are appreciated. I know that there is no way to know what the judge will decide, but just wondered if anyone else had been through filing Contempt with an ex that tried to show he makes no $.

My kids, as you say, I haven't mentioned them, are with me full-time and visit their dad in Texas when he feels he wants to see them. They are 11 and 8 and are great girls. They are my life. However, the drama my ex has put them and me through will not be forgotten, but obviously we deal. I'm not surprised to hear that I sound bitter, and its helpful to me to hear someone else thinks I am. Obviously something I need to deal with. There has been much emotional abuse towards my girls, game playing and other things that him and his new current wife has done. I have an order that states my girls cannot be left alone with my ex's current wife, as she is bipolar and has show much neglect upon my children. And years ago, a Judge agreed and granted this Order. I am very thankful for that....the ex and his current wife fight constantly and my ex has been thrown into jail due to him and his wives fights. My children, unfortunately, where there at the time to witness all this. There is much history here. This is a man that can pay his support, but chooses not to. He has hidden his income for years....This is a man who has two very expensive cars and spends money like water - but also cannot manage his $ at all....And his children suffer.

I would love to buy my children clothes when they need them. I buy them now when they are way too small. This also is a dad that rarely calls his children. He calls once a month, maybe, and they speak for 5 minutes total. Doesn't ask about school, doesn't ask about friends, doesn't show an interest in THEM. I am bitter towards him for what my children have to go through.....he called one day before they were to get on a plane to see him in Texas and told me that he didn't think it was a good time for the kids to come....as he had major life issues going on in his life - as always -....my children were devestated....after many phone calls, they got on the plane to see him and spent a month with him watching TV and playing video games - as always - while he and his wife slept all day. But, you're right, I need to get over my bitterness and continue to focus on my children.

The point I had with finding job openings in his area was this....that he could, if he wanted, go out and get another job doing what he's currently doing working for someone else. Not to make more money so I would get more money....but that he can provide for his children, but just chooses not to. I hope that makes sense.

Swany

 

[SM5NY]

Swany, Very sad situation . It's a shame their father is to wrapped up in his own business and himself to worry about his kids.
Thank you for giving up more of the story then you probably cared too. And Yes, it makes perfect sense.
But I don't see the courts taking into account that he could have other jobs with as much or better money. As far as I know they only will take into account what his current job is. Unless it is proven that a person purposely quits their job because of CS, the court will base judgement on his position now.
I mean think about it, if the courts could decide what jobs everyone is going to have or should have ... then we would all be golden.
In this case he didn't quit his job, he's claiming to not make as much from his business. Well, he will have to prove it. Which brings me to my question.... do both of you have to fill out financial affidavits???

 

[nextwife]

AS to ads, I'm in a salary plus commission job. Ads that employers in fields like mine run always tout the "best case" scenario, such as "75K possible in commissions", when maybe only the very best of the very best who have a network of referrals from years in the business may actually see. The ads don't say "expect to only make $25K the first year" which is what the reality is.