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  1. #1
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    Oct 2011
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    Default Does Income for Child Support Include Spousal Support from a Prior Relationship

    My question involves child support in the State of: California

    Im having a bit of difficulty figuring out the Judge in my case, It appears that he has purposly left out spousal support that my ex-gf gets from her previous marraige in caculating the income of my ex and myself for the purpose of child support. From my understanding, ALL income is counted towards what each parent is able to provide for the child. I believe he did this so that my ex would not have to pay me, the NCP even though she has full custody. My income is very limited right now, so I dont pay her much. It just galls me to think that these fools can get away with something like this. I really dont want my ex to pay me anything, I just want a fair proceeding. Who is supposed to be watching over these judges? who can I complain to if this continues to get out of hand? I would really hate to think that they can manipulate the very wording of the family code to their advantage as they deem fit......

  2. #2
    Join Date
    Apr 2009
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    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    Perhaps you can get your attorney to file an appeal, lest these fools keep deviating from guidelines.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2011
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    OH10
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    17,019

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    If you feel you have grounds to appeal the decision, do so. CAL. FAM. CODE 4058 : California Code - Section 4058 outlines the following exceptions to income;
    (c)Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that party's gross or net income.

  4. #4
    Join Date
    Oct 2011
    Posts
    26

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    Sorry, but that is not an option for me, i currently make 150-300 a month. Its been a tough year for me with restraining orders, criminal charges of domestic violence and criminal attorney costs. I have been trying to get my life back together after this mess, but my ex continues to harrass me using the restraining orders and our child as tools for her revenge for me dumping her. Can I just call this judge for the bullshitter he is? Is there a higher court that I can appeal to?

  5. #5
    Join Date
    Jul 2012
    Posts
    479

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    You don't have to use an attorney. You're free to point out in an appeal the statute that requires the court to take into account all income (that said, it still has discretion to decide X-Y-Z).

    "Can I just call this judge for the bullshitter he is?"

    Sure.

    "Is there a higher court that I can appeal to?"

    Well, of course. Sounds like you need to start with basic research on the appeal process (but note you have a limited amount of time to file one).

    California court system has a very comprehensive self-help center, and family law facilitators to boot. Please start research.

  6. #6
    Join Date
    Apr 2009
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    Somewhere near Canada
    Posts
    35,894

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    Just let us know when you intend to go into court and say that to the judge.

    We'd probably pay for seats. Though we'll not be bailing you out.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
    Join Date
    Feb 2012
    Posts
    107

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    Quote Quoting gabriel1226x
    View Post
    My question involves child support in the State of: California

    Im having a bit of difficulty figuring out the Judge in my case, It appears that he has purposly left out spousal support that my ex-gf gets from her previous marraige in caculating the income of my ex and myself for the purpose of child support. From my understanding, ALL income is counted towards what each parent is able to provide for the child. I believe he did this so that my ex would not have to pay me, the NCP even though she has full custody. My income is very limited right now, so I dont pay her much. It just galls me to think that these fools can get away with something like this. I really dont want my ex to pay me anything, I just want a fair proceeding. Who is supposed to be watching over these judges? who can I complain to if this continues to get out of hand? I would really hate to think that they can manipulate the very wording of the family code to their advantage as they deem fit......
    You are complaining about not getting child support when you aren't the NCP? As for leaving things off, the child support is very much up to the judge. He oculd order you to pay more support if he feels fit. Your ex raises your child, supports the child while you are out getting arrested and setting a horrible example. The judge is out to get you according to you, sounds like the judge wants you to man up. The ex is also out to get you for dumping her... you sound like a real winner! Have fun in court, I wish I was the judge in your case!

  8. #8
    Join Date
    Oct 2011
    Posts
    26

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    asulover, I was not complaining about not getting child support, I want nothing to do with this person or her money. I just want her to leave me alone. And who the hell wants to set an example of being arrested? I was the primary caretaker of our child from birth, and she used the system to gain custody of our child. I just want to be a father that our child will look up to. I thank all of you that gave me real advice, and did not patronize with there opinion of what a "man" should be.

  9. #9
    Join Date
    Sep 2005
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    98,846

    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    Quote Quoting gabriel1226x
    View Post
    It appears that he has purposly left out spousal support that my ex-gf gets from her previous marraige in caculating the income of my ex and myself for the purpose of child support.
    The judge either included spousal support or he did not. There's no "appears" about it.
    Quote Quoting California Family Code, Sec. 4058.
    (a) The annual gross income of each parent means income from whatever source derived, except as specified in subdivision (c) and includes, but is not limited to, the following:

    (1) Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.

    (2) Income from the proprietorship of a business, such as gross receipts from the business reduced by expenditures required for the operation of the business.

    (3) In the discretion of the court, employee benefits or self-employment benefits, taking into consideration the benefit to the employee, any corresponding reduction in living expenses, and other relevant facts.

    (b) The court may, in its discretion, consider the earning capacity of a parent in lieu of the parent's income, consistent with the best interests of the children.

    (c) Annual gross income does not include any income derived from child support payments actually received, and income derived from any public assistance program, eligibility for which is based on a determination of need. Child support received by a party for children from another relationship shall not be included as part of that party's gross or net income.
    If the court did not include spousal support due under a prior order, it is possible that the child support is not actually being paid.
    Quote Quoting gabriel1226x
    I really dont want my ex to pay me anything....
    Then no harm, no foul?

  10. #10
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
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    Default Re: Can a Judge Block Spousal Support Income from a Previous Marraige to Increase My

    You don't have that choice.

    (Well, not if you actually want to be a parent to your child)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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