greatmomof3
recently joined
Reged: 07/18/11
Posts: 2
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This is my first post, but I'm hoping to get some "answers". Here's a little background...
I have 3 kiddos (5, 3 and 1 year old)...moved out last October, filed in January, got temporary orders filed late April 2011.
Received May child support and 1/2 of June child support.
Ex showed up for his parenting time in May, but not for the weekend in June and not for 4 weeks in July (4 weeks before school starts in August). He hadn't seen them since January or February prior to this.
I don't have enough money to keep paying my lawyer, so he's probably going to stop representing me and pull himself from the case anyday now.
I have a mediation scheduled for August and our trial is September.
So - going this without a lawyer, what do I need to do? My lawyer has requested a bunch of documents that were NOT provided by my ex. Do I have to have this information subpoena'd...and if so, how do I do that?
Ex - he's an independent contractor - hiding money, expensing all of his living expenses as business expenses...you name it, he's doing it. Living in a hotel and using a rental car instead of having a steady house and car....
I need to know what steps to take from here just to try to get child support.
Oh - he lives in CA and I live in AZ...filed in AZ. What can I expect if this goes to court and he doesn't negotiate with me when we go to mediation? What should I ask for?
I want them to have a relationship with their father if they want it, but he seems to "not" want this by not paying child support and not showing up to have time with them.
Thanks!
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cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
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normally when you go through court you request the documents in the paperwork. if you don't have the documents you could start by making an assumption of his income and let him provide the proof in his paperwork to fight it.
sounds like you have an order, but you can continue to document the times he doesn't show. if he continues not to show you can request the order to be modified on parenting time to something similar to what is actually being ordered.
it is odd that you are in AZ and said he didn't show for his 4 weeks of parenting time in July. if he lives and works in CA does the order say anything about staying in AZ with the kids? how does is account for getting the children to and from CA, etc?
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wife of 1, mother of 2, stepmother of .3475902453
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greatmomof3
recently joined
Reged: 07/18/11
Posts: 2
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Ok - thanks...I'll head to the court and see what all documents I need to fill out and request for him.
He is allowed to take the kids to CA (he pays for all transportation) every other time he takes them - so every other month he has to stay here, but over the summer and vacations he can take them to CA.
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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Are you the one that moved away? He can ask for all traveling expenses be deducted from support if you did.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9816
Loc: Arkansas
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[quote]...and said he didn't show for his 4 weeks of parenting time in July. [/quote]
We're not even 4 weeks into July yet......
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Eternity is too long to be wrong.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30210
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"He is allowed to take the kids to CA (he pays for all transportation) every other time he takes them - so every other month he has to stay here"
I would not go in with the expectation that this will be in the final decree.
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Why give a "senior" discount, they have had plenty of time to raise the money...
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cincsu
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4686
Loc: residence in AZ, case in CA
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correct. some judges in CA allow for a travel deduction and others do not. see CA family code pasted below....it's basically up to the discretion of the judge.
(a) The court shall order the following as additional child
support:
(1) Child care costs related to employment or to reasonably
necessary education or training for employment skills.
(2) The reasonable uninsured health care costs for the children as
provided in Section 4063.
(b) The court may order the following as additional child support:
(1) Costs related to the educational or other special needs of the
children.
(2) Travel expenses for visitation.
just remembered this probably doesn't apply since the case is in AZ. that is CA code i posted.
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wife of 1, mother of 2, stepmother of .3475902453
Edited by cincsu (07/19/11 12:01 PM)
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