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Arrears and Payments in California

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  • 06-30-2009, 08:06 PM
    shastamiked
    Arrears and Payments in California
    My question involves child support in the State of: California
    In 2005 my exwife was awarded 1300/Mo for child support and 875/Mo spousal.
    I never contested this. At the time i was going thru a criminal matter. In Dec of 2008 the state started levying my bank account. I also received a letter saying that CS was taking 50% of my income to back current and rears. I was giving her cash every month. I was paying her about $400 a month. I was also paying for any medical co pays that she has had. I have 2 children 9 and 5 Y.o. I hired an attorney in Dec of 08. I get reports every month from CS with a current balance of 98,000.00 (no not a type O). She has been remarried and i no longer pay spousal. My attorney told me that i can do nothing about the rears. She has not been on any type of state or fereral aid. Her attorney at the time took my Business bank statement and said that i make 8000.00 a month. this was all filled with the court. At the time i was a sole owner and not a corporation.since then my morther has incorporated. she sold the corperation back in Dec.08. Im just an employee and have never owned any shares to the company. But the company name is let say Smith communications. when i was a sole it was Smith Satellite. My ex laywer is saying that i own the compnany and that i make 10,000 a month. they are requesting that i show the companys proflit and loss, bank statements . I not an office so i can't do that . My job is the "Director of operations" and i do see all that is happing for the corperation.Here are my questions.i make $2000.00 a month.

    if im an employee how can they get this information that they want.The president of the company refuses to give up the information. stating that it is noones business what the company's P&L is.

    how can i prove to the court that i never made 8000.00 a month that they said i did.keep in mind that they took the deposits and said that this what i made. they didnt take any company expesive, taxs and stuff like that into consideration.

    I told my ex that i can pay her $10,000.00 to clear up the rears.She said her laywer take nothing less then 50%. He lied to the court and cherry picked the bank statement. the month before i only deposited $2000.00. I want to prove that i made a certian amount based off of my tax returns


    My lawyer told me that i only had 60days to contest any order. I no longer have an attorney. I can't afford one only bringing home $850 a month because of my garnishments.
    I relized this post is all over the place when i wrote this but i cant think straight right now.

    HELP ME PLEASE.
  • 07-02-2009, 09:29 AM
    Mr. Knowitall
    Re: Arrears and Payments in California
    Giving your solo enterprise, on paper, to your mother then having "her" hire you as an employee at far less than you used to make? That's not going to fool anyone. It is far more likely to make people conclude that you're trying to cheat your way out of paying child support.

    It's your ex-wife's choice, how much to take in total settlement of the arrearage. She can instruct her lawyer to accept $10,000 as settlement in full. He can advise her against it, but she's the boss.
  • 07-05-2009, 02:11 PM
    momsk9
    Re: Arrears and Payments in California
    They started levying your bank account? Did they send you any documents outlining on what grounds they could levy your bank acct? Did they send you a notice of motion or anything like that to give a chance to argue against levying your bank acct? These are very importatnt ?s to ask.
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