Seek Work Order

[stepmom65]

What is the name of your state? California

Here's a scenario. A divorced couple share physical/legal custody of 2 kids. The final court documents state that parents share 50/50 custody, visitation, medical/dental, etc. Father pays court-ordered child support and gets tax deduction credit. There is no "custodial" parent. Everything is supposed to be split down the middle. Here's my question:

1. Mother is currently considering going back to court for a modification (she wants more money and the tax deduction credits). Mother is supposed to maintain a job, but has not. Can father do a Seek Work Order??

2. Mother has not paid for any expenses that have been incurred (medical, braces, excessive school supplies, etc.) since divorce. Can father ask to be reimbursed 50% of the cost on these in court?

3. Mother has 3rd child and doesn't have a custody/child support arrangement with former boyfriend, although former boyfriend visits with child and pays "under the table" whatever he wants. Can father force some kind of court arrangement be made by mother and boyfriend?? He wants any type of income that she's receiving reflected in court. Since she's asking for more money, father doesn't want his child support to reflect 3 kids, instead of the 2.

 

[VeronicaGia]

What is the name of your state? California

Here's a scenario. A divorced couple share physical/legal custody of 2 kids. The final court documents state that parents share 50/50 custody, visitation, medical/dental, etc. Father pays court-ordered child support and gets tax deduction credit. There is no "custodial" parent. Everything is supposed to be split down the middle. Here's my question:

1. Mother is currently considering going back to court for a modification (she wants more money and the tax deduction credits). Mother is supposed to maintain a job, but has not. Can father do a Seek Work Order??

2. Mother has not paid for any expenses that have been incurred (medical, braces, excessive school supplies, etc.) since divorce. Can father ask to be reimbursed 50% of the cost on these in court?

3. Mother has 3rd child and doesn't have a custody/child support arrangement with former boyfriend, although former boyfriend visits with child and pays "under the table" whatever he wants. Can father force some kind of court arrangement be made by mother and boyfriend?? He wants any type of income that she's receiving reflected in court. Since she's asking for more money, father doesn't want his child support to reflect 3 kids, instead of the 2.

1. More child support, maybe. But since she's not working she would have no reason to need the deduction. Father should insist that mothers income be imputed based on what she could make if she was working. CA case law dictates this scenario (look up CA case law re: Labass).

2. If it is not in the court order currently that parents share a percentage of uninsured medical costs, father cannot go after past debts. However, he could ask that the court order include this information (split all out of pocket 50%).

3. Child support she receives for another child is not included in income.

Dad needs an attorney to make sure this is properly handled. When is the last time support was modified? Has dads income increased? Did mom ever work?

 

[stepmom65]

California.

Hi. Thanks for responding.

1) The divorce decree stated that mother had to maintain a job and cs is figured on what she's capable of getting paid. Problem is: She works for 6 months, quits, collects unemployment, works for 6 months, collects welfare, works 3 months, etc. She quits jobs or calls in sick until she's terminated. (She basically doesn't want to work). Father has been paying for everything + cs to meet his children's basic needs at their mother's apartment. I read that the non-paying parent can be ordered to do a Seek Work Order. In this case, does a parent that's receiving the monies be ordered to do a Seek Work Order.

2) The divorce decree states that medical/dental, educational, etc is split 50/50%. He has asked her to pay for half, but she constantly claims, she can't afford it.

Dad is going to retain his former attorney so everything is done correctly. Modification hasn't been done since the divorce (5 years). He does make a little more money and she (when she works) as made more money.

One more question: For mother to file for a modification and ask for more money, doesn't the father have right to see her income/expense declaration papers. If she hasn't files a tax return in 2 years, doesn't she need this to pursue the issue. I thought that if the father is required to submit all the expense/income paperwork, doesn't she have to have the same so the modification can be done clearly?? Remember, they are both joint custodians, there is no parent with more custody than than the other. (He did this to keep her from fleeing with the children).

I'll look up that case you referenced.
Thank you.

 

[VeronicaGia]

An attorney would be better able to answer the seek work order part of your post.

If it is already ordered that they split the medical costs, he needs to file for contempt of court to force her to pay her portion.

The court will make both parties fill out an income and expense declaration and provide pay stubs. The attorney will be most helpful in gaining her information. Your husband may wish to ask for bank statements too, however, he will be subject to the same request from her.

Get that attorney and stop letting her get away with not supporting the child.

 

[stepmom65]

California

Thanks for your quick reply.

He is getting the attorney. He doesn't have any problem paying cs or if the court says it needs to be modified, he doesn't have a problem with that either. It's just that she's not parenting and it's frustrating.

Again thanks for your help.