Re: Father Making Mother Pay Cs
And let's remember that this is a California thread. Amnda really needs to understand that even with a 50/50 timeshare she can still be ordered to pay child support if there is a large enough disparity in income.
(Helpful linky from California: http://www.courts.ca.gov/1030.htm )
Re: Father Making Mother Pay Cs
Quote:
Quoting
Dogmatique
And let's remember that this is a California thread. Amnda really needs to understand that
even with a 50/50 timeshare she can still be ordered to pay child support if there is a large enough disparity in income.
(Helpful linky from California:
http://www.courts.ca.gov/1030.htm )
That is simply reality. No child support agreement is fixed forever.
However, I will point out that while the fact that one parent is on welfare is certainly a major factor if that parent is collecting state benefits, that does not preclude a court from imputing an income to that parent and setting a child support order based on that, rather than based on what the state would calculate based on the welfare benefits.
Re: Father Making Mother Pay Cs
Honestly, this is somewhat messy. Don't get me wrong - I understand Mom's issues and her frustration, and I can even see why she's so uppity about it all. She feels it's very unfair. She's entitled to feel that way, but one of the simplest and most basic rules in family court is that "fair" doesn't enter the equation.
But it is what it is. It's clearly my turn to be the bad guy, but she still needs to step back and look at the whole picture.
Re: Father Making Mother Pay Cs
Quote:
Quoting
Dogmatique
Honestly, this is somewhat messy. Don't get me wrong - I understand Mom's issues and her frustration, and I can even see why she's so uppity about it all. She feels it's very unfair. She's entitled to feel that way, but one of the simplest and most basic rules in family court is that "fair" doesn't enter the equation.
But it is what it is. It's clearly my turn to be the bad guy, but she still needs to step back and look at the whole picture.
I don't disagree at all, but looking back at the whole picture doesn't mean that you cannot make sure that the calculation is as accurate as possible. Accepting that you have to pay child support is one thing. Making sure that the amount calculated is based on true guidelines is another.
I fault no parent for wanting a true guideline calculation with imputed income factored in where applicable. I do fault parents who get outside of the legal realm when trying to claim that child support is unfair.
Re: Father Making Mother Pay Cs
Oh absolutely. Child support also should never be "punishment", either. Now I think about it though, I'm not entirely sure Mom filing for a modification will help her. In her situation it may just backfire. Running the numbers through dissomaster might help.
http://www.childsupportca.com/dissomaster.htm
Re: Father Making Mother Pay Cs
If you honestly believe he's committing fraud, working under the table, then you file a complaint with the investigations department at the county department of job and family services. Doesn't necessarily guarantee anything will come of your complaint though.
Re: Father Making Mother Pay Cs
Shouldn't be too hard to prove he is working.... Report the fraud.
Re: Father Making Mother Pay Cs
Prove that he's working versus helping out an old friend?
Unfortunately, proving out and out fraud isn't the easiest thing in the world to do.
Re: Father Making Mother Pay Cs
I am one of those that believes that people who game the system really should be very harshly punished. Just my thoughts. I would report it if I were the OP, and I might even go so far as to hire a P.I to obtain evidence to use in a child support modification hearing.
Re: Father Making Mother Pay Cs
She has a suspicion. That's it. But what she needs to understand is that reporting him could very easily backfire on her.