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  1. #1

    Unhappy California Calculations

    When we got divorced (10 years ago), my ex husband was ordered to pay $400 per month. I told him as long as he was being a father to our son and he was doing the things the court ordered, I would never take him back to court for more money.... Well, needless to say... I'm on this message board, so that did NOT happen.

    For the first 4 years or so after our divorce, he paid his support (with little "reminders" from me).... However when our son was 7 (he's almost 13 now) my ex moved to Georgia. He is remarried and has 2 kids, but has only paid child support "here and there" over the past 6 years. In the last 4 years it has been AWFUL! I'm pursing legal action (California has jurisdiction over our son) I want to collect the arrears, I want to implement a wage assignment so I don't have to be a bill collector every 2 weeks, however, both of our incomes have gone up since our divorce. In our custodial arrangement, it says he has to pay $400 per month AND half of any medical expenses my insurance doesn't cover. The medical expenses number is in the thousands (therapist our son had to see after his dad left.... braces.... etc...). His dad hasn't helped with any of it. He only sees our son about 4-6 weeks out of the year combined (he's a bit of a flake about coming to visit and about getting our son to Georgia to visit him) otherwise our son is with me.

    Here are my questions:

    1) Now that he is remarried with 2 kids, can his child support even be increased? Or do the other kids offset the child support he pays?

    2) How much of a factor is my income on what he's required to pay?

    THANKS FOR ANY INPUT YOU GUYS HAVE!!!!!!!!!!!

  2. #2
    Join Date
    Aug 2007
    Location
    California
    Posts
    64

    Default Re: California Calculations

    hi

    I'm in California.

    You will have to run a new Dissomaster with the new incomes and expenses for both of you to see what changes for child support payments.

    But you can go right now with your current orders to the Child Support Services in your county and get a wage assignment since he is hit and miss. I would do this first. And be sure to tell them how many payments he has missed, they may add it as arrears.

    Technically his 2 new children and any income from a new spouse will not be factored into the dissomaster. Same for you.

    Secondly I would total up what medical expenses there have been for the last year and write up an Order to Show Cause to have him ordered to pay the medical amounts he hasn't paid. I would not go back more than that, but mention it in your OSC. Have you requested payment for these medical bills? Include those emails/letters in your OSC. If you have and he has ignored them, you can ask for him to be held in contempt (be careful you need to quote case law).

    Bird Brain

  3. #3
    Join Date
    Jul 2006
    Location
    TN
    Posts
    699

    Default Re: California Calculations

    Quote Quoting birdbrain53
    View Post
    hi


    Secondly I would total up what medical expenses there have been for the last year and write up an Order to Show Cause to have him ordered to pay the medical amounts he hasn't paid. I would not go back more than that, but mention it in your OSC. Have you requested payment for these medical bills? Include those emails/letters in your OSC. If you have and he has ignored them, you can ask for him to be held in contempt (be careful you need to quote case law).

    Bird Brain
    I have to disagree with you on the bolded statements. If she has sent him the bills from all of the years, she should include that amount in the medical expenses owed. If she should not, the yes, only go back a year or so.

    If she has sent him the bills, he is responsible for them and she needs to file contempt of court for that.

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