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Hearing tomorrow... Need advice

  • ducky8888
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26 Nov 13 #414794 by ducky8888
Topic started by ducky8888
Here is the issue:

I have been asking for 50% custody of my kids, yesterday the family court judge said it is up to my ex and I to come up with a parenting plan (co-parenting). I sent her an email last night requesting an increase to 50% custody (week on week off) just as I have been asking for the last year, she has not responded.

On her child support I&E form she has lied about parenting time, child care costs, health insurance costs, etc. She also doesnt include income she gets from "parties" her and her boyfriend hold buying and selling gold/jewelry.

When Child support was ordered the judge ordered it as if I was working at a minimum wage job instead of my significantly lower unemployment income. (my ex went and bought traded her ford for a BMW when she started getting support) I found a 3 month contract job (which has gone over 3 months, but could end any day) which at the end of I will go back on unemployment.

I am trying to decide whether or not to agree to an increase (tripling my current support order) or go to court and fight the increase. If I go to court I may end up paying 5x what I pay now based on the $50k+ a year (extrapolated) I am earning currently.

The "logical" factors i will use in my fight are that my ex is refusing to give me more time with my kids, which I have adamantly requested for over a year. She has lied on her application about her income and expenses. The possibility that I lose my income is very real possibility within the next few days or weeks. I also have proof my ex has sent me financial request documents after it was ordered that finances were NOT to be discussed. and that she sent documents and a letter to the place I am contract to (not my contractor/employer.. dont know how she found out about the company I am contracted to...stalking?)

Please let me know if you have successfully (or unsuccessfully) have used any of these arguments in court to oppose a change in child support.

To be clear, I am not opposed to paying child support, i am extremely mad and disappointed I dont have my kids more and dont feel I should pay for her to hold them from me. I also cannot afford the increase in support as I live in a home with my girlfriend and her 3 kids (who have dead beat dads). i do not live an extravagant life style. My ex on the other hand lives in an income subsidized apartment with her new boyfriend, both of them work and make more than I do (+/- $100k a year). I know this does not calculate into the child support, but gives an idea of why I am fighting... I am almost poverty level and barely eeking out a living honestly, she and her boyfriend lie and let the tax payer support them while they make $$$ and still want more.

  • xwifesanightmare
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28 Nov 13 #414991 by xwifesanightmare
Reply from xwifesanightmare
sorry to be the bearer of bad news, when they work out your child support they will take what you are on now, so you will end up paying more. However, as soon as you become un-employed, cancel the direct debit and you will only have to pay £5 a week, which wil come out of your unemployment benefit. They dont care whether it is a stable job or not, nor care whether she is rolling around on a bed of fifty pound notes, it goes on what you earn and that is it. If they are hiding income from the taxman, grass them up and get them investigated! They will lose what they are not entitled to and have to repay what they shouldnt have claimed. Wont affect what you have to pay but at least they wont be laughing!

  • rubytuesday
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28 Nov 13 #414992 by rubytuesday
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it''s worth noting that the OP is in the USA, where legislation is completely different from her - and that legislation will differ from state to state.

Ducky8888, how did your hearing go, and what was the outcome?

  • ducky8888
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02 Dec 13 #415302 by ducky8888
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The judge only considered my income (as of date of the hearing), her income (YTD), and the amount of time share as of the date of the hearing. All of my arguing that my job is temporary, that she is refusing to allow me more time was all for not. Child support went up by 500%. Silly that sje gets to dictate my time with kids therefore gets to say how much I have to pay. seem like a huge conflict of interest.

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