drmccubx
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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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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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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
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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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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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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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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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ssmom79
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Crossed my mind too. But the stacks of cash and plural on the hand guns insinuates more than just personal items, I could be reaching though. You have a child in the home, a safe place to store a gun is ideal.
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gr8Dad
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Mine isn't about safety for the kids, LOL, its in a hidden compartment in the safe for ME if someone is forcing me to open the safe.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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drmccubx
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yes, i am worried about stacks of money and guns for sure. but what do i say. Hey X, my son saw this in your boyfriends safe ? and then deny she ever see's her kids ? it is a sticky situation. my kids when they see my x , only go over the grandmothers . occasionally and is has not been in some time , do they go over my x's boyfriends. yes it sucks for sure but what do i do ? I cant prove my x is doing anything criminally
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ssmom79
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Sure, why not? Gives room for a reasonable explanation as gr8dad had. Maybe there's a reasonable explanation for the money and weapons. Maybe not. Maybe they don't trust the bank so they cash all their checks.
Maybe you will have to subpoena the check stubs and W2's from the company.
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drmccubx
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ssmom79 . the plan is this, discovery first , pretrial, and if we can not come to a decission then subpoena check stubs and stuff. I know i have a good case but i want to be sure. here i am struggling to makes ends meet every month. seing my savings dwindle away by my x's lack of support. the kids need it . they need it to keep a roof over there heads, food on the table , activities to keep them maturing and growing in all aspects of life . Then to see my x do whatever the heck she wants whenever she wants while i sit here and cant do anything. i just want the truth and the kids taken care of . I can live with little. but when it takes away then it has to stop .
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Debi
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I am praying that the Judge see's how much she "could" make.
But since she is working he isn't going to input her income higher. He IS going to want proof of what she makes. He may ask her if she "could" work more hours. he may decide that she could be working more hours than she is, BUT if she is working for her bf, the work is very specialized and he says he doesn't have more hours for her, what is the judge going to do? In a highly specialized field it may be difficult to get work with an other employer. You may want to contact other companies and find out who is hiring. Then you could show the list to the judge if there are other places she could be working. It could only help your case because honestly the judge can't know the job market for every profession. If someone tells him there is no work someone else (you) needs to be there to prove there is.
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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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ssmom79
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It's sounds like you have a good case for a change in the support that is ordered. If she is unreasonable about the information in discovery, perhaps she will be more forthcoming in pre-trial.
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drmccubx
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another thing. it just so happens that the field of work my x is involved in is the exact type of company my sister ownes. SO have have first hand knowledge of what my x can make in her job. and my sister would take the stand under oath if she had to. thanks for the info every one
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drmccubx
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well, had pre trial conference today. Judge could not make a decission because no discovery has been made yet. So , a trial date is set for October. The judge just wanted something in his hand that would help him make a decission about how much my x should pay in child support . simple. now its decission time for me as to weather or not to depose my x and how much discoery to make .I dont think, since my x is not on the books as a W2 employee that we need to go after her comopany's books . I think i need to prove what my x "can" make based on the last 2 and 1/2 years of experiance doing 24 hour emergency response/haz mat and waste clean up . So, I have to come up with a list of questions i want answered . such as . what "type" of work is my x doing. what training was involved in what she does . what type of personel protection equipment must be used to do spill containment ? etc etc etc. Judge did not care that she lived with her boyfriend who also works for the company . I have emails from my x that state "due to the nature of the business doing emergency response/ spill containment etc" . that does not sound like a minimum wage job does it ? But what does the judge want . "numbers" ? well the median income for what my x does for work is between 18 and 20 dollars an hour. we will have her under oath stating in detail what she does. like are theer licenses for what she does , etc. so , what do i ask her ? what is my best route of action ? does the judge want to know what she "is" making , because clearly he was like "guys you need to give me something to go by in order to make a decission". he just wanted us to have worked it out ahead of time. so that his job was easy. but there is nothing at this point. what was before the judge was nothing. just , she claims this and i claim that . and now game on . any help is appreciated .
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ssmom79
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I do think you should go to the company she worked for to get income information.
The PPE required to do her job...why would you need to know that? I have 10 employees who have to have tons of training and PPE but it doesn't effect their salaries.
Does it sounds like a minimum wage job, no.
I'd find as much documentation as possible regarding the job she performs, when she is working, and what the starting/average pay is for that position.
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c_jane
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Loc: In the Great State of Texas
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I think the OP is going to be disappointed. This woman has obviously thought ahead to 'cover her tracks' so to speak.
DRMCCUBX, you will NOT get a judgement on what she 'should' be making. If she works for the BF, he pays her in cash, she hides it in the 'safe' or wherever and claims she's only working X hours per week -- it all becomes a 'he said she said' thing. The judge may AGREE that she must be hiding the money. However he can't make a ruling on things he 'thinks'. Since you will have no proof (since BF will obviously fudge records and/or lie on the stand) you may be lucky if your CS doesn't go DOWN.
Lying on the stand in family court means a hand slap at best. And usually nothing is done.
The courts usually use the last 2 tax returns filed. If she 'only' filed for $14,000, then that's what they'll use.
Don't get your hopes up.
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John Constantine: God's a kid with an ant farm.... He's not planning anything.
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drmccubx
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my wife and i rack our brains and pray about making sure we are doing the right thing by our kids. My X wife does not do enough . that is for sure. We have proof of what she does. that she is under employed even if she shows us on the books that she gets paid little. WE have the state record of what the median income for her job is . my guess is she is not on the books . BF pays for her on the side. "But" . I have worked side by side with her from 2000 to 2005. She made 37000 a year then , then later after she left and we divorced she made 30000. and no makes nothing , or next to it . spends maybe 15 percent of the necessary time with her kids . and more evidence that i dont have time to type. I do know this . As there dad and my wife as there mom and there only advocate's . We have to fight for them no matter what . My X wont . she will fight to pay them less. who does that ? to there own kids ? meanwhile i pay everything . why ? because i am honest and on the books ? shame on me ? silly . and sad , but true .
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