Stop child support from being increased. IDEAS?

Hi,
I just signed a divorce decree in December. I got primary
residential
custody of 2 of my 3 children. I had to "buy" these two from the ex
wife
by offering additional assets (significant). I spent a good part of
last
year paying 3 child support payments, even though two of the kids
lived
with me full time. After all this, one of my two children has now
decided
to move back in with his mother (a judge gave her custody of this son
after we had an altercation about his drug use). I now have the x
wife
filing a motion to increase child support.
I am angry beyond words. Any pointers on how to stop her from
being able to increase the support amount. This would be another
devasting financial blow to me (I already pay her $3700 a month for
one child support payment and spousal support). She continues to
refuse to work (the judges just do not care). The significant
amount of additional assets I gave her allowed her to buy a new
home outright (cash, no mortgage). I on the other hand continue
to rent an apartment.
I want ideas, what's worked for other men out there. I have not
been served yet with the petition to modify child support, but the
Sheriff is looking to serve me.
Thanks,
Tom

wrote:
Hi,
I just signed a divorce decree in December. I got primary
residential
custody of 2 of my 3 children. I had to "buy" these two from the ex
wife
by offering additional assets (significant). I spent a good part of
last
year paying 3 child support payments, even though two of the kids
lived
with me full time. After all this, one of my two children has now
decided
to move back in with his mother (a judge gave her custody of this son
after we had an altercation about his drug use). I now have the x
wife
filing a motion to increase child support.
I am angry beyond words. Any pointers on how to stop her from
being able to increase the support amount. This would be another
devasting financial blow to me (I already pay her $3700 a month for
one child support payment and spousal support). She continues to
refuse to work (the judges just do not care). The significant
amount of additional assets I gave her allowed her to buy a new
home outright (cash, no mortgage). I on the other hand continue
to rent an apartment.
I want ideas, what's worked for other men out there. I have not
been served yet with the petition to modify child support, but the
Sheriff is looking to serve me.
Thanks,
Tom



The first thing I would do is to not let that Sheriff near me until I
had talked to an attorney. Yes, they're expensive, but they're worth
it. Do not take the chance of trying to pro se this one.
Talk to your landlord. Make it abundantly clear that, unless the
sheriff has a search warrant, he is not to be allowed into your
apartment for ANY reason. No ifs, ands or buts about that; no searchee,
no enteree.
Do you have any roommates or partners? If so, also make it clear that
they tell the sheriff that they are not authorized to receive any of
your mail. Don't even allow them to sign for a package.
Also, if you have any hooks or clips on your door, remove them. You
want to buy yourself a little time about this until you have met with
the attorney. Once you have, and once the attorney says it's okay, call
the sheriff and tell him you hear he's looking for you for a subpoena.
Next thing, make sure you have all the right paperwork in hand. In
addition to the motion to oppose an increase in child support, get any
financial affidavits together. Go down each and every one of them and
be prepared to justify them.
Finally, be on the lookout for "garbage service". If you suddenly see a
garnishment, and can't remember the subpoena (honestly, don't try to lie
on this one), go down to the court and demand to see the evidence of
service papers. The Sherriff has to note exactly who he place the
documents with and where. If he tries to pull a fast one and leaves it
at a prior address, make sure your lawyer objects to that as well.

Hi Tom,

I would write a 1-page work/education history of your ex-wife. It
talkes some searching but you can find a salary/employment "expert"
who will write a report with back-up material arguing "reasonable"
income that your ex-wife could earn.

Assuming this goes to trial you'll also need to pay for this expert to
testify (in person).

This then creates evidence for income to be attributed to your ex-
wife. Evidence which the judge can not legally dismiss.

I took this route....scared the hell out of my ex-wife.

Don

On Feb 18, 5:48�am, wrote:
Hi Tom,

I would write a 1-page work/education history of your ex-wife. It
talkes some searching but you can find a salary/employment "expert"
who will write a report with back-up material arguing "reasonable"
income that your ex-wife could earn.

Assuming this goes to trial you'll also need to pay for this expert to
testify (in person).

This then creates evidence for income to be attributed to your ex-
wife. Evidence which the judge can not legally dismiss.

I took this route....scared the hell out of my ex-wife.

* * *Don

Depends on the state he is in. As an example, in Illinois, CS is
figured soley on the income of the NCP. Cp income has no bearing what
so ever.

On Feb 17, 1:12 pm, wrote:
Hi,
I just signed a divorce decree in December. I got primary
residential
custody of 2 of my 3 children. I had to "buy" these two from the ex
wife
by offering additional assets (significant). I spent a good part of
last
year paying 3 child support payments, even though two of the kids
lived
with me full time. After all this, one of my two children has now
decided
to move back in with his mother (a judge gave her custody of this son
after we had an altercation about his drug use). I now have the x
wife
filing a motion to increase child support.
I am angry beyond words. Any pointers on how to stop her from
being able to increase the support amount. This would be another
devasting financial blow to me (I already pay her $3700 a month for
one child support payment and spousal support). She continues to
refuse to work (the judges just do not care). The significant
amount of additional assets I gave her allowed her to buy a new
home outright (cash, no mortgage). I on the other hand continue
to rent an apartment.
I want ideas, what's worked for other men out there. I have not
been served yet with the petition to modify child support, but the
Sheriff is looking to serve me.
Thanks,
Tom


You also need to make sure your lawyer argues that the judge should
decrease child support as a use of his discretion. Some states allow
this. You have some things going for you here. It can be done.
Depends on the judge.

wrote:
On Feb 17, 1:12 pm, wrote:
Hi,
I just signed a divorce decree in December. I got primary
residential
custody of 2 of my 3 children. I had to "buy" these two from the ex
wife
by offering additional assets (significant). I spent a good part of
last
year paying 3 child support payments, even though two of the kids
lived
with me full time. After all this, one of my two children has now
decided
to move back in with his mother (a judge gave her custody of this son
after we had an altercation about his drug use). I now have the x
wife
filing a motion to increase child support.
I am angry beyond words. Any pointers on how to stop her from
being able to increase the support amount. This would be another
devasting financial blow to me (I already pay her $3700 a month for
one child support payment and spousal support). She continues to
refuse to work (the judges just do not care). The significant
amount of additional assets I gave her allowed her to buy a new
home outright (cash, no mortgage). I on the other hand continue
to rent an apartment.
I want ideas, what's worked for other men out there. I have not
been served yet with the petition to modify child support, but the
Sheriff is looking to serve me.
Thanks,
Tom


You also need to make sure your lawyer argues that the judge should
decrease child support as a use of his discretion. Some states allow
this. You have some things going for you here. It can be done.
Depends on the judge.


How far that argument will go depends on whether you draw the same judge
or not.
I know in Colorado, "supposedly" the judge can deviate downward from the
standards when it would force the non custodial parent into poverty. If
there is the clause included in your own state's laws, demand to see the
forms for financial statements and push them in. And if the judge
ignores it, when and if you appeal, bring the fact that the judge
ignored the evidence (i.e. search if he even references those facts in
his ruling. If he doesn't, even though it's technically a matter of
fact vs. matter of law, maybe they would at least tell this judge, "Hey
Dipsh!t, would you mind at least telling us why this is irrelevant".