What income needs to be included in Expense/Declaration?

[stepmom65]

What is the name of your state?California

My husband's ex-wife want to go to court for a child support modification. Since the divorce, she's had a 3rd child with her former boyfriend. We believe that he is paying child support through DCSS.

She can not afford an attorney and has submitted her income and declaration on her own to the courts.

Her documents state nothing new that we didn't already know, other than she's not claiming the child support income for the 3rd child or the welfare benefits she's receiving or her new home business income.

Does child support from other fathers need to be included as income?
What about welfare, cash, food stamps, etc... does this have to be included as income??
She has started a home business cleaning houses and has a business license, isn't this reportable income as well??

 

[Theresia]

What is the name of your state?California

My husband's ex-wife want to go to court for a child support modification. Since the divorce, she's had a 3rd child with her former boyfriend. We believe that he is paying child support through DCSS.

She can not afford an attorney and has submitted her income and declaration on her own to the courts.

Her documents state nothing new that we didn't already know, other than she's not claiming the child support income for the 3rd child or the welfare benefits she's receiving or her new home business income.

Does child support from other fathers need to be included as income?
What about welfare, cash, food stamps, etc... does this have to be included as income??
She has started a home business cleaning houses and has a business license, isn't this reportable income as well??

Trust me from past experience, the courts don't care if she's working or not. My husband's ex hasn't worked a day in over a year and the courts don't give a hoot whether they even have an income. It's a percentage of the father's income and that's that. I don't know about your state though. Illinois laws could care less if the mom supports through an income of her own for the child as long as the father contributes his 20%. It has been a sore spot with us personally, but the law doesn't work that way, not in Illinois anyway. Good luck.

 

[VeronicaGia]

Trust me from past experience, the courts don't care if she's working or not. My husband's ex hasn't worked a day in over a year and the courts don't give a hoot whether they even have an income. It's a percentage of the father's income and that's that. I don't know about your state though. Illinois laws could care less if the mom supports through an income of her own for the child as long as the father contributes his 20%. It has been a sore spot with us personally, but the law doesn't work that way, not in Illinois anyway. Good luck.

Since you obviously don't know, why did you bother to answer?

CA law takes into consideration the income of both parents and the percent of visitation. Child support is NOT income, but welfare is and so is her job.

Subpoena her bank records, and if you have proof she is collecting welfare, the judge needs to know that.

 

[Theresia]

Well, exuuuuuuuuuuuuuuse me!

 

[Theresia]

Why do some of you people have to be so rude?

 

[VeronicaGia]

Why do some of you people have to be so rude?

Why do some people have to be such whiners?

 

[Theresia]

Are you talking about me?

 

[stepmom65]

Thanks VeronicaGia...We have proof that she is collecting welfare, my husband's wages were garnished as a result of her filing for public assistance. We got a letter from DCSS stating that since she has opened a case with them, he now has to send his checks to DCSS. He had never been late in paying her child support to her and is extremely upset that his wages are being attached. He has the kids 50%, and has full medical/dental coverage through work, which he's been there 21 years.

She hasn't held a job in 3 years. Apparently, the welfare and child support she's collecting is keeping her from becoming homeless, which is fine with her.

He's contacted his attorney to respond to her filing.

In the divorce documents it states that both parties must maintain full time employment, father to provide full medical/dental coverage and both parents to pay 50/50 of non-covered expenses (deductibles, co-pays, perscriptions, etc). I've read that a seek work order can be ordered for a non-custodial parent...however, what about the parent receiving Child Support and refuses to work. Can a Seek work order be done on them??? How exactly is this enforced. I believe people have to respond with employer names/phone numbers, etc. but do the courts really followup on whether people respond to the seek work orders and if they have truthful information????