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  1. #1

    Default Financial Difficulty and Child Support Assessment

    My question involves child support in the State of: CA
    I have two kids with a man that are 9 and 11 years old, never been married to him, I have been the custodial parent their whole lives, and have been recieving an amount of $400 from him for about seven years, that was mutual between me and him. I had never asked him for more untill recently, he denied more, soo......

    I filed for CS on the kids dad on the month of June. He recieved an interview and all had been confirmed. We both recieved the proposed judgement letter that same month with an amount of about 875 per month. The father appealed the judgement claiming financial hardship in late July (2 or three days before his 30 day appeal time was due). He has a good job and I think the amount is fair.

    2 weeks after he recieved the proposed amount he moved and started renting a house nearby us. He moved out of the house he was owning, because he wasn't paying mortgage for atleast a couple months and was also behind on his property taxes. (But during the time I filed I did not know this about his house situation). He told all of us and the kids he was selling the house.

    The day he appealed this he called us and told us that he appealed it and that the state had put a lien on his bank account because of the property taxes he owes from the house and that he can barely afford to pay rent where he is now. This is just a little background info!

    From his intial interview to the date he appealed he still is working, but it seems obvious to me that he is almost trying to become this victim and is trying to manipulate his expenses so the CS system will feel sorry for him. He has also suddenly increased his visits of the kids(knowing or thinking that will give him a reduction, I believe).

    Really he did not have to move from his house, he could have fixed his situation. But now has that and new rental responsibilities that he adopted since this began.

    My question is.....
    At what point does the child support start viewing his situation? Would it be from the time he was originally interviewed, or when he filed for the appeal?

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,773

    Default Re: Financial Difficulty and Child Support Assessment

    Quote Quoting mom**of**three
    View Post
    My question involves child support in the State of: CA
    I have two kids with a man that are 9 and 11 years old, never been married to him, I have been the custodial parent their whole lives, and have been recieving an amount of $400 from him for about seven years, that was mutual between me and him. I had never asked him for more untill recently, he denied more, soo......

    I filed for CS on the kids dad on the month of June. He recieved an interview and all had been confirmed. We both recieved the proposed judgement letter that same month with an amount of about 875 per month. The father appealed the judgement claiming financial hardship in late July (2 or three days before his 30 day appeal time was due). He has a good job and I think the amount is fair.

    2 weeks after he recieved the proposed amount he moved and started renting a house nearby us. He moved out of the house he was owning, because he wasn't paying mortgage for atleast a couple months and was also behind on his property taxes. (But during the time I filed I did not know this about his house situation). He told all of us and the kids he was selling the house.

    The day he appealed this he called us and told us that he appealed it and that the state had put a lien on his bank account because of the property taxes he owes from the house and that he can barely afford to pay rent where he is now. This is just a little background info!

    From his intial interview to the date he appealed he still is working, but it seems obvious to me that he is almost trying to become this victim and is trying to manipulate his expenses so the CS system will feel sorry for him. He has also suddenly increased his visits of the kids(knowing or thinking that will give him a reduction, I believe).

    Really he did not have to move from his house, he could have fixed his situation. But now has that and new rental responsibilities that he adopted since this began.

    My question is.....
    At what point does the child support start viewing his situation? Would it be from the time he was originally interviewed, or when he filed for the appeal?
    It's very likely that he may have already been behind in his mortgage and property taxes at the time of the interview, but he didn't know that he could mention it. One of the things that you'll need to find out is when did he become behind?
    was he already behind on the taxes? The state placing a lien indicates that he was already behind since states normally do not place liens until the taxes are very delinquent, more than the 1 or 2 months since you filed for CS.

    IF it turns out that he was current on his mortgage and taxes, then fell behinf only right after your filing, he would have a hard time in his appeal.

    It certainly won't hurt for you to get a quick consult with a local attorney though.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Default Re: Financial Difficulty and Child Support Assessment

    If there is an order for visitation and he sees the kids more - and documents the time spent - and then files for a modification of custody and CS based on hours he does spend with the kids - he will likely be approved.

  4. #4

    Default Re: Financial Difficulty and Child Support Assessment

    We have no custody order for visits. He has always had freedom to see the kids whenever he wants. He has just suddenly become more interested since his first interview.

    I do know that he fell behind in his mortgage and property taxes, but had plenty of income to fix his his situation. I know that around the time I filed he had already not been paying his mortgage and property taxes, and had been living it up. When I filed there was no lien on his bank account, and he was not told to leave his house. He just decided to drop the ball and move near us.

    I'm not sure what the status between him and the house are, but it seems like he put himself in a bind by moving. In fact the rent he pays now is $700 cheaper than what his mortgage payment was for his house.

    As crazy as this sounds, I feel he did not have to move, but did so to try to get out of paying the amount set by child support. Also has increased his visits to the kids so they would reduce the amount.

    Is this kind of scenario common when someone in trying to fight paying child support? If he is trying to outsmart the system, will they know?

    Also, in the proposed judgement we recieved from Child Support it had the time spent with the kids as 19%, now how quickly can he all of a sudden start seeing the kids more and change that? We have been documenting the visits.

    This whole case is only a few month old. Is it easy to manipulate that quickly?

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