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  1. #1
    Join Date
    Dec 2010
    Posts
    8

    Question Child Support Arrears Payment Plan with No Income

    My question involves child support in the State of: CA

    I have a hearing on Thursday that was requested by the NCP. He does not pay anything in support and hasn't for the majority of time there's been an order. He owes close to $15K in arrears.

    He filed forms claiming that his income is $750/month, and expenses (not including child support) are $1600 (including $750 for rent). He has been self employed for years so I'm pretty sure he just lies about his income.

    His recently obtained a bachelors degree and sent my daughter an email about how he was traveling for work. In the court papers he claims to be unemployed with a major reduction in his self employment income (yet seems to be traveling quite a lot).

    Anyway, he's asking for a reduction, which he will get to some extent....but also asking for a payment plan on the arrears.

    Is it possible a judge will give him a payment plan when he claims to not even have enough income to support himself?

    Can I submit emails that he sent to my daughter talking about his work trips?

    At $750/month, he not even making minimum wage. I've heard that the court has a minimum that they will award based on the expectation that he could get a job at minimum wage...is that true, and does that apply if he has a bachelors degree (meaning, doesn't having the degree mean he has the potential to earn more?)?

    I believe he is asking for a payment plan because he wants to renew his passport. This all seems like a giant waste of time since he doesn't pay anything anyway, but I would be highly irritated if he was able to renew his passport based on an approved payment arrangement.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    27,314

    Default Re: Child Support Arrears Payment Plan with No Income

    1. Yes, a payment plan is possible.

    2. You can absolutely try to have those emails submitted - but in all honesty, they're not likely to matter much.

    3. Yes, the court can - and likely will - impute a wage of at least 40 hours @ min wage. Having a bachelor's doesn't necessarily mean he currently has a higher earning potential though.

    He cannot obtain a passport until his arrears actually get below a certain amount - orhe has a RECORD of paying them off per a repayment plan.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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