My question involves child support in the State of: California
My Child Support case has been a long ordeal (9 years in the making) and VERY hostile. My Ex-Wife orginally has custody of both our children. 4 years ago she sent one child (my son) to live with me, then last year she sent another (my daughter) to live with her parents for the remainder of the school year (so she could get to know her new husband better) I am working on getting her out to live with me.
When I gained custody of our first child, the court said that since I made more money than her I still needed to pay for the child she still had custody of (fair enough, I was hoping they would call it even and neither parent would pay, but never-the-less). So I was paying her $500/month. Her income was $2200 and mine was double that. I am now remarried with one child of our own.
Now, that she doesn't have either of the children the court has ordered her to pay ME $500/month for only the first child, since our second is still living with her parents for the remainder of the school year. I still send the money to the grandparents to help raise her though.
Since the first court date she has changed jobs and is now a Massage Therapist and works "under the table" advertising on Craig's List for $95/hour. She is claiming on her income and expense declaration that she only makes $1000/month now. The Judge didn't buy it and imputed her income to the $2200/month she was making before. In addition she has not visited with either of the children because neither of them will speak with her (their own choice, not mine) so he set her visitation at Zero.
To sum up, she is in arrears to me for $2450 now, and has not paid one cent to me. She is threatening to go to DCSS and file a modification and raise cain because the Judge is forcing her into "poverty" She is an able bodied woman in her early 30's and was able to make double her income.
What can I do if she files a modification? Will the Judge "force" her to get a real job? Will I get her tax return?
Child Support Services says there is nothing they can do to collect, and their words to me were " You probably won't ever see any money"