drmccubx
recently joined
Reged: 07/01/12
Posts: 9
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Here is the issue i am having. I am taking my x wife back to court to increase child support. we have a pre trial date in a few weeks. These are the facts and anyone can let me know what they think the outcome would be honestly.
my x pays 300 a month for my 2 kids. i have primary residence for them . we have joint legal custody but they both live with me and have since they were born. this is what i know.
I just got her financial statement but it has a lot of holes in it . for example.
1. she says she made 14000 dollars last year but no W2 to prove it nor pay stubs.
2. the only thing attached to the financial statement is a 1099 for 1000 dollars for 2011
3. she says she makes 150 dollars a week but pays 200 a week in rent .
4. she says she has 28000 dollars in credit card debt but only pays 15 dollars a week on one of the cards.
5. I have proof she lives with her boy friend.
6. I have proof she works for her boyfriend doing a very specialized type of work.
7. i have several emails saying she cant take the kids because she has to work . which leads me to believe she works full time.
8. my sister actually owns her own company that does the exact type of work my x wife does so i can figure my x must get paid at least 19 dollars an hour and i know what type of training my x wife must have.
9. my x wife never calls the kids "ever"
10 . on her weekends with the kids , the kids go to the grandmothers where my x says according to her financial statement , she "lives". but i have a town record as her living with her boyfriend.
11. so she is obviously making money under the table right ? how else can she live. she pays dor monthly , 300 dollars in child support. so if she can pay in advance , then money must be coming in someplace.
So, what do you all think .I think the judge "should" or "could" impune an ammount of 1000 dollars a month based on what i know. my x. 1 . works full time, 2 . gets paid well "yet i dont have an hourly rate ". 3 . her financial statement is a lie "clearly" . any ideas ?
D
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ssmom79
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Reged: 06/27/07
Posts: 7783
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No idea. Depends on the state, the county, the judge and how the judge is feeling that day. Each state calculates Child Support a specific way.
Usually when calculating child support the factors involved are your income and her income. Her rent, where she lives, her credit card debt, whether she calls the kids...etc. etc. are not relevant.
A judge won't accept, "I don't know my hourly rate".
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drmccubx
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Reged: 07/01/12
Posts: 9
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thanks SSMOM79. I do know that her rent, where she lives and whatnot are not involved when calculating child support . What she has not show me is what she gets paid. Her financial statement has her making 14000 last year. but She only is showing a 1099 for 1000 dollars for last year. so it does not make sence. no pay stubs, no W2 . I have emails pretty much proving she works full time.Meaning,she says "i cant take the kids , i have to work" on several occasions , and the industry she is in usually worents 18 dollars an hour. we looked up the median income for her line of work and that is what it said . i imagine there will be an imputed amount based on some discovery . after all , when all the facts are not shown that is what a judge is supposed to do .
Edited by drmccubx (07/02/12 10:38 AM)
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hanzblinx
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Reged: 08/13/10
Posts: 380
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[quote]
1. she says she made 14000 dollars last year but no W2 to prove it nor pay stubs.
[/quote]
That's pretty reasonable. My ex claims she doesn't work and she really doesn't. At least you are starting from the admission that she does work.
Demand discovery since your ex refuses to provide her W2.
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drmccubx
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well, it will definetly mean discovery. I have lots of evidence that says what she does, what the median income for someone in that field is making and so on. I know she is lying about income . otherwise the numbers on her financial statement would add up. as it is , they dont.
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ssmom79
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The way you listed everything I assumed you thought all of those items as a whole could impact the support amount.
She is obviously not providing the information you requested, could be she is working under the table, could be she just didn't give them to you. No way to know for sure until she shows up in court with no information. Then she will have to answer to the judge. Hopefully if she is lying the judge will see through her lies and impute her wages according to her actual income shown on a 1040 tax form.
If there is noting to go on, they may impute her at minimum wage. That would be $15,080 annual income minus taxes.
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Debi
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The only thing in your post to base CS on would be her wages. I doubt a judge is just going to take her word for it although She could very well be living beyond her means. There is no law that says her bf can't pay her rent or her CC bills. Not taking the kids because she is working (or for any other reason) is not likely to raise her CS, especially if she already has a standard parenting schedule (every other weekend). Parenting time is set up to protect the NCP from not seeing the kids, but they are not required to take it.
Once the financials come in there will be a better picture of what she will be required to pay. I don't know what the normal percentage is in your state for 2 kids or if the CP's income is taken into consideration. In mine it's 25%. That doesn't amount to 1000 a month making 19.00 an hour (it would have to be closer to 25.00) but it does come up to a lot more than 300. Based on the limited information I'd say you are looking at an increase but not to a thousand a month.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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drmccubx
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Reged: 07/01/12
Posts: 9
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You may be right . I know it will go up , but how much. my lawyer said there will be some discovery involved since my x "claims" to make only 150 a week. I am praying that the Judge see's how much she "could" make. it is tough when i hear from sons mouth "I was over mommys boyfriends house and mom opened a safe that had stacks of money and hand guns" . sure , she can hord her money . she can do what she wants. but she is not being honest with what she makes . she does hazerdous waste clean up and spill containment . she is on call 24/7. that is not minimum wage.
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ssmom79
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Reged: 06/27/07
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The kid saw a safe with stacks of money and hand guns and you're worried about child support?
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gr8Dad
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Reged: 06/07/04
Posts: 30195
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I was kinda thinking the same thing, but then I considered my own personal situation, and while I do not have STACKS of cash in my safe, I have some gold, some silver, and a small .380.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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