No CS from ex since he early retired - wealthy

[PIASH007]

What is the name of your state? CA
I have sole custody of 2 kids and don't work since the youngest is a Special Needs Child.
My ex (we never married) was ordered by court to pay CS of 1800 in 2001, he did it for 6 months, but then stopped when he retired early. The judge told him to look for a job.
I has been living in his house all this years with kids, he was not - restraining order due to violence.
Now he is evicting us and said that he won't pay any child support either.
My question is:
is there any chance for me to fight for child support if he is not working? He early retired after a very successful carrer as a regional sales manager in hi tech company in Silicon valley, has 4 houses in different states and some other assets which I don't know (stocks, bonds or else). He doesn't pay taxes since he declaring no income - he has one of the best CPA here. (as well as a toughest family lawer - he spent lots of money on this, not on his kids)
I just don't know what to do.
Is there a case for me? Is there a chance to win it? Is there way to make him to pay for my legal expenses too (I can't afford a lawer myself and all these years it was total humilation to face him and his shark-lawer alone in court room). I just want Child support for my kids.
Also, he is also threatenning to get half custody since he has more means to support children - I wonder does he have a chance after domestic violence 3 years ago and being in detox in-patient facility for 2 months in June and July.
Thanks

 

[BlondeIntel]

Dead-Beat Dad's - Can't Stand 'em

Also, he is also threatenning to get half custody since he has more means to support children - I wonder does he have a chance after domestic violence 3 years ago and being in detox in-patient facility for 2 months in June and July

I'd love to hear his explanation of why he would suddenly have a means to support the children if they were in his custody but doesn't while they are in your custody.

Have you contacted your local Child Suppport Enforcement Office?

 

[BlondeIntel]

You can also click on the link that says "Post Your Case To An Attorney" and ask the attorney for a free initial consultation.

 

[PIASH007]

well...

I never went to Child Support Enforcement agency because:
after he retired the judge let him NOT to pay CS until he find a job and considered me living in his house as a CS (rents are very high here). He also ordered for my ex and myself to look for a job and report on the progress every 3 months. ( I can't work since a care to my sick kid, he can't work because he doesn't have to - has plenty of assets, no income, refinancing his properties to get cash for his living, but not for CS).
Now that we are being evicted from the house, I want CS.
He assured me that doesn't have to provide anything to my kids - no roof or food (i.e. CS) - that the judge is on his side as always it has been all these years (i was dragged to court at least once every year, and decision was always in his favor - I wish i had his lawer, he hates her too since she costs a lot and very bitchy but he extremely happy with the results))
thanks

 

[LdiJ]

Since he is evicting you from your home, apply for welfare, food stamps, wic, medicaid and section 8 housing. At that point you won't HAVE to worry about trying to get child support from him, the state will do it FOR you.

 

[BlondeIntel]

Get it in writing

Has he given you a written eviction notice? Has he suggested any other place for you to live?

 

[VeronicaGia]

You need to file for a modification of support. Since the order states that he doesn't pay you support since you live in his house, and now he's evicting you, that is a definite change in circumstances to warrant a support order.

File today. The order will go back to the date of filing. The sooner you file, the sooner you'll have your day in court.

 

[PIASH007]

Thanks Guys

to LdiJ:
Thanks, I will do it, although my goal is not to be supported by the state, but just get CS from him.

to BlondeIntel : Yes it was written memorandum from him. Not from his attorney like it was a year ago.
Last year his family didn't let him to evict us, this time it is for real - he wants to sell the house and move out of state, for this he has to be living in the house to decalare it his primary residence and save 200k in taxes.

VeronicaGia
Do I need an attorney to file a modification of support.?
My problem was that last time the judge ordered to both of us to look for a job and report every 3 months, which was humilating for me since he knows i am taking care of the child 24x7 (legally blind), and NCP has just visitations rights here and there (he didn't see the kids for 5 months before his detox treatment for obvious reasons - though i don't complain about it, it wasn't safe for the kids!)

Thanks to all

 

[BlondeIntel]

Was the original domestic violence against you or the children? Did the children witness the abuse?

How long has your ex had a substance abuse problem? Do you have any proof other than his participation in detox that he has had a substance abuse problem?

How much time does your ex spend with the children?

Do you have any paperwork from a doctor or an occupational therapist that describes the care and assistance that your child needs?

Is your disabled child an adult, a teen, a tween (10-12), a school aged "kid", or a pre-schooler? (The younger your child is, the easier it is to justify that you should be the child's primary care-giver.)

 

[PIASH007]

The violence was against me, and against my 70yo mother. My older child was present, she was 3 at the time. My youngest (Sp Needs Child) was just born (prematurely at 25week gestation).
My ex alcohol abuse history has been years.. Lately he used combination of depressants and alcohol.
He has witnesses at the apartment complex he lived re. condition he was the last year. I visited him in detox center with kids twice this summer. As a proof there's a "healing"letter from him from that place and I talked to his councelor there multiple times. What else can be the proof?
He didn't start custody battle (yet).
I just want to get clear understanding if a person can avoid paying child support if he doesn't have income, though has assets. He is so sure about it so I wonder if there a chance for me fighting him regarding CS.

 

[LdiJ]

The violence was against me, and against my 70yo mother. My older child was present, she was 3 at the time. My youngest (Sp Needs Child) was just born (prematurely at 25week gestation).
My ex alcohol abuse history has been years.. Lately he used combination of depressants and alcohol.
He has witnesses at the apartment complex he lived re. condition he was the last year. I visited him in detox center with kids twice this summer. As a proof there's a "healing"letter from him from that place and I talked to his councelor there multiple times. What else can be the proof?
He didn't start custody battle (yet).
I just want to get clear understanding if a person can avoid paying child support if he doesn't have income, though has assets. He is so sure about it so I wonder if there a chance for me fighting him regarding CS.

He won't get out of paying child support. His assets are producing at least some income, plus its likely that they would also impute an income for him as well.

He also has little to no chance of custody due to his history.

Laura

 

[rmet4nzkx]

Get an attorney and be sure to ask for attorney fees.
Don't plan on Section 8 housing the lists are full in most counties.
Contact your local independent resource living center for help and referals.
Since the Home is being used in lieu of CS then he is in contempt of court by evicting you, has he given you a 60 day notice?
Apply for welfare, they will go after him.
It is possible that you can be reembursed for a portion of your child's care, that would also qualify as your work for the needs of the court order.
Have you contacted the Reginal center for their early intervention screening programs called Early Start? http://www.dds.ca.gov/EarlyStart/ESHome.cfm again, case management may link you up with appropriate services.
Hope this helps.