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Trial for Modification of Support



 
 
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  #1  
Old July 17th 03, 06:35 AM
H.I.M.
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Default Trial for Modification of Support

The custodial parent is coming after me for a modification of support. No
argument from me here, since it's long overdue.

Problem is, she's asking for a lot extra.

I have seen her income and expense declaration, which is surely a textbook
example of perjury (although naturally I have no hard evidence having not
yet looked for inconsistencies---lies revealed by disagreeing numbers in
two places).

She wants an extra $700 a year for volleyball, $130 a month for
orthodonture, $840 a year for tutoring. My guess is this is all extra
beyond the minimum guidelines. And it's all very suspicious. For example,
I have offered to tutor the child, especially in mathematics, and think
anyone with a Ph.D. in the natural sciences is up to the task. The mother
says, "OK" but doesn't bring the child around (I have no visitation) and
yet she asks for the money.

I know this is all horse-pucky, since she's never spent a dime on this
stuff for her child.

My first thoughts: get an affordable lawyer now...if there is such a
thing, at least for advice, and maybe one to represent me at the hearing.

My advice from relatives: ask for visitation, as if to put the screws to
the custodial parent.

Other germane facts in the case likely to be considered by judge:

1. In 1993, I left U.S. to live and work in the country of my foreign-born
wife, who lived and worked there. Our child was born in 1995.

2. In 2001, my passport was revoked for non-payment of child support
between 1993 and mid-2001. Returned to U.S. with nearly $24,000 in
arrears. Living overseas in a developing (but not undeveloped) nation
would have been impossible if I had to pay child support to the U.S.
(income fluctuated from USD equivalent of 400-800/month which was upper
middle class for that nation). For nearly the past 18 months, I have a
steady record of payment toward the arrears with balance down to about
$19,000.

3. My wife and child remain in a separate household overseas. My wife's
income essentially supports the both of them, although I have sent cash in
envelopes.

4. There was no visitation in the original order, requested or used, since
the child's birth 14 years ago. The mother makes loud remarks that I tried
to talk her into an abortion and that I would have "murdered" the baby, and
therefore am entitled to no visitation (which I have never requested).
This case was stipulated paternity more than a dozen years ago.

The jurisdiction is the state is California.

----------------------

I appreciate any thoughts, suggestions, sentiments, and hard shakings by
the shoulders.
  #2  
Old July 17th 03, 04:54 PM
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Default Trial for Modification of Support

H.I.M. wrote:
: The custodial parent is coming after me for a modification of support. No
: argument from me here, since it's long overdue.

: She wants an extra $700 a year for volleyball, $130 a month for
: orthodonture, $840 a year for tutoring. My guess is this is all extra
: beyond the minimum guidelines. And it's all very suspicious. For example,
: I have offered to tutor the child, especially in mathematics, and think
: anyone with a Ph.D. in the natural sciences is up to the task. The mother
: says, "OK" but doesn't bring the child around (I have no visitation) and
: yet she asks for the money.

I live in Calif., been through the system, not an attorney.

It's likely that California will not award additional C.S. for volleyball
or tutoring. Maybe orthodontia but I doubt it.

The only add ons in Calif are for child care and insurance.

You need an attorney to help you out. The item that needs to be addressed
is discovery of your ex's earnings to validate the IED (Income and
Expense Disclosure). The earnings records of the ex need to be
subpoenaed and presented to the court. Additionally, unless the child
would be in danger, there is no reason why you should not get
Parenting Time with your child. I had joint legal and physical custody
given by a California Family Law court. If you have joing legal custody,
you can be involved in the decision whether or not tutoring and ortho.
is needed, as well as who would do it.

b.
  #3  
Old July 17th 03, 05:14 PM
gini52
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Default Trial for Modification of Support


wrote in message
...
H.I.M. wrote:
: The custodial parent is coming after me for a modification of support.

No
: argument from me here, since it's long overdue.

: She wants an extra $700 a year for volleyball, $130 a month for
: orthodonture, $840 a year for tutoring. My guess is this is all extra
: beyond the minimum guidelines. And it's all very suspicious. For

example,
: I have offered to tutor the child, especially in mathematics, and think
: anyone with a Ph.D. in the natural sciences is up to the task. The

mother
: says, "OK" but doesn't bring the child around (I have no visitation) and
: yet she asks for the money.

I live in Calif., been through the system, not an attorney.

It's likely that California will not award additional C.S. for volleyball
or tutoring. Maybe orthodontia but I doubt it.

The only add ons in Calif are for child care and insurance.

===
The same is true for PA. I have read numerous cases where the CP was denied
"extras."
The judge typically rules that it is beyond his/her statutory authority to
award these.
===
===
.........................................


  #4  
Old July 18th 03, 05:27 PM
external usenet poster
 
Posts: n/a
Default Trial for Modification of Support

gini52 wrote:
:
: The only add ons in Calif are for child care and insurance.
: ===
: The same is true for PA. I have read numerous cases where the CP was denied
: "extras."
: The judge typically rules that it is beyond his/her statutory authority to
: award these.

I forgot one possible add on and it favors the father (In California).

Travel expenses to see the child. At the IRS rate (it was 34.5 cents/mile
but have have recently changed).

b.
 




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