Stupid Question... in California

[SEB1670]

What is the name of your state? CALIFORNIA

Since my X owes child support, and has arrears from 6 years ago....

IS there any possible way for her to get out of paying those arrears since she was working off & on for those 6 years?

She's trying to get me to waive the arrears - which I won't, because I have taken care of the kids for the entire 6 years without her monetary help. And not to mention that she has abandoned the kids until November of last year...

She states that there is a way, since she wasn't working, that she is going to be able to have the arrears taken off because she wasn't working... IS this true? How far back will CSS look into making changes, if any?

Essentially, she thinks that IF she's not working, they won't make her pay support for our kids...

I thought that once the order was in place there was no changing it... So how could they go back and make changes after the order has been in place for so long?

She has had a hold on the case for two years and I don't understand how she could have this done or why...

They are finally going to start collecting as of 8-1-06 for support from her check, And the newest order is effective 6-7-06....

Just curious what the law states on this... possibly what codes I can show her to get through her thick or hollow head......

Help, advice, anything?

SEB1670

 

[nextwife]

She can "think" whatever she wants, but choosing to be voluntarilly underemployed doesn't change her arrearage, nor would it be grounds to modify the order going forward. The arrears will stay until paid off

 

[SEB1670]

Three years ago she had the child (with her cousin) and didn't make any changes with the child support (until now)... would this effect the arrears? I know it effects the newest order, because she's paying less now.

I would think that if she didn't make changes back then, she's Sh*t out of luck... Right?

SEB1670

 

[nextwife]

One cannot retroactively change a support order. She IS responsible for the arrears that accrued.

You can STILL fight to keep CS based upon full-time hours. Male NCPs are not allowed to simply stop working full time and adjust their CS down because they now have a child in a different relationship and want to spend more time childrearing than working. Any baby she had in a subsequent relationship does NOT remove her responsibility to support her already born child. She is STILL VOLUNTARILLY underemployed. CS should be based upon a full time schedule.

 

[SEB1670]

That makes complete sense!!

Could you tell me what codes state this so I can print it out and mail it to her??

Thanks Soooo much!!

SEB1670

 

[nextwife]

"Consideration Of "Earning Capacity" As Opposed To Actual Earnings:

The parents' actual earnings are not necessarily controlling on the question of ability to pay. "The court may, in its discretion, consider the earning capacity of a parent in lieu of the parents' income, consistent with the best interests of the children." [Ca Fam § 4058(b)]

Thus, child support orders and modifications may be based on earning capacity even in the absence of a showing the obligor intentionally and deliberately sought to avoid family financial responsibilities. The court has discretion to impute earnings (based on earning capacity) to an unemployed or underemployed parent, consistent with the children's best interests, where the ability and opportunity to work (or otherwise earn) are present.

And a parent's earning capacity is not confined to income that could be earned from working. In an appropriate case, a parent may be charged with imputed earnings based on income-producing or nonincome-producing assets."

http://www.kinseylaw.com/clientserv2/famlawservices/modifyorders/modifychildsupport/modifychilssupport.html

And be advised that the cost to the NCP of the new child's daycare while they work is a matter for the NCP and the child's other parent, not a reason to reduce support to the children already recieving support.

 

[SEB1670]

Thank you very much for this information! Madly making copies to send!!

SEB1670

 

[nextwife]

You're welcome.

Come back and let us know what happens.