Support Trial

[luvisabattle]

What is the name of your state (only U.S. law)? WA

I'm pro se and filed for a support modification. Dad's lawyer wanted to go to trial re: diviations: increased overnight credit and he has two additional children. Our original order began 7 years ago when our daughter was 16 months - she is now 8yrs old.

When I got to court the state attorney told me dad's lawyer submitted a new pay stub that had reduced pay because of "dues" he had to pay - the day before court and the attorney recalculated the worksheets, and as a result the amount dad's transfer was reduced by quite a bit.

I requested a continuance based on the fact that his wife works - her most recent paystub was not included and I know he has been working a 2nd job off and on - they did not include those numbers in the new worksheet. The commissioner granted the continuance.

My question is How is it that dad's attorney was allowed to submit new info the day before court?

Also: How do I prove that his wife and he are working other jobs than just the paystub that was submitted.

 

[mistoffolees]

What is the name of your state (only U.S. law)? WA

I'm pro se and filed for a support modification. Dad's lawyer wanted to go to trial re: diviations: increased overnight credit and he has two additional children. Our original order began 7 years ago when our daughter was 16 months - she is now 8yrs old.

When I got to court the state attorney told me dad's lawyer submitted a new pay stub that had reduced pay because of "dues" he had to pay - the day before court and the attorney recalculated the worksheets, and as a result the amount dad's transfer was reduced by quite a bit.

At that point, you should have objected. if they took an entire year's dues out of a single paycheck, that number should not have been used. The should have averaged the dues out. In addition, some types of dues would be voluntary and would not be used to reduce child support.

I requested a continuance based on the fact that his wife works - her most recent paystub was not included and I know he has been working a 2nd job off and on - they did not include those numbers in the new worksheet. The commissioner granted the continuance.

My question is How is it that dad's attorney was allowed to submit new info the day before court?

Also: How do I prove that his wife and he are working other jobs than just the paystub that was submitted.

His wife's income would not be considered DIRECTLY in calculating the child support that you receive. It might, however, be considered in terms of reducing the amount he has to pay for his other kids. It's not a simple calculation, though.

In any event, proving that he and his wife are working other jobs is just like anything else - evidence. What evidence do you have that they're working other jobs? If you have admissible evidence, you can submit it to the court. You've probably missed the chance to submit it for this hearing, but if they lied to the court, you could submit it for contempt.

If you don't have any evidence, you can try to obtain some by legal means. Hire a PI. Or, subpoena their tax returns. Or go through the state child support enforcement office which has access to more information than you do.

 

[luvisabattle]

is it too late to object to the dues amount now that we have a new court date?

My duaghter has told me that they are working the other jobs (she gets left with other people during that time). So I guess I cannot prove they have other income.

We have submitted the tax returns from 2009, he has submitted the most recent paystub and they have recalculated soley based on that one two week payment.

The state child support office is handling this - they did the recalculations based on the one check stub.

So I have been given two weeks to prove that he does and will be making more than this single paystub they just submitted but have no way of proving it?

 

[CJane]

Is he paid on an hourly basis, or is he salaried?

You could request that he provide a letter from the payroll administrator at his place of employment, explaining the "dues" and what they are for/for what period they are covering.

You could also request that he provide his "most current' pay stub. Which, in two weeks will be an entirely different one.

Or that they average his last 6 months worth of pay to arrive at a "realistic" number.

 

[luvisabattle]

He's a commercial airline pilot and is salaried. Thank you for the advice, I'm going to do that -

 

[mistoffolees]

is it too late to object to the dues amount now that we have a new court date?

No. If the hearing has not happened, you can object to his claims at that time. HOWEVER, read up on the rules of procedure so you know what you're supposed to do.

My duaghter has told me that they are working the other jobs (she gets left with other people during that time). So I guess I cannot prove they have other income.

Who is she left with? Perhaps they have some way of knowing? Or, as I suggested, hire a PI. Or, ask him in court if the pay stub he submitted is his ONLY source of income. Lots of people will submit incomplete information if they think they won't get caught, but fewer are willing to lie in front of a judge.

We have submitted the tax returns from 2009, he has submitted the most recent paystub and they have recalculated soley based on that one two week payment.

The state child support office is handling this - they did the recalculations based on the one check stub.

So I have been given two weeks to prove that he does and will be making more than this single paystub they just submitted but have no way of proving it?

You can object to the use of a single paystub since there are plenty of ways to fudge that. You can ask him point blank about other income in court. Or, you can let CSE know that you have reason to think that he and his wife have other income - and you would like for them to dig a little deeper. If your case worker won't do it, ask to speak to a supervisor.

In court, though, the only thing that matters is what you can prove.

 

[luvisabattle]

Thank you for your help, I appreciate it.

 

[nextwife]

Being away at work on a weekend or evening doesn't necessarilly mean one has a second job.

Both DH and I frequently need to go into work on the weekend or stay extra hours. Each of us works "only" one job. I'm not even allocated overtime - I just need that time at the office to get to everything done, because if everything doesn't get done I could lose my job.

 

[birdbrain53]

Request tax return and several!! paycheck stubs. State attorney should know THAT one.

And yes, some people will lie on the stand.

The name of the game is documentation. Make sure you get documentation (photos, pay stubs, etc) of extra jobs before making those allegations in court.

As for the ex being a commercial airline pilot, if he has a lot of seniority then he will have certain routes, and he will not be working every day of the month. Plenty of time to work another job. Most flight staff usually only get paid for time from the minute the plans rolls away from the gate until the plane is at the destination gate.

 

[Ohiogal]

And sometimes second jobs do NOT count in the calculations.