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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #1 (permalink)  
Old 09-06-2016, 03:50 PM
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Default Child support order details

No seperation agreement, just an order for primary care and control with shared custody. I am now going in with no lawyer to ask for a child support order for just basic child support as per the guidelines chart they supply online. Ex prob won't show up, I assume I have to tell the judge exactly what I want in the order....or do they just do it up properly for you. He will have to impute an income as well as she never shows up for any court related stuff and did not respond to the application. I will have to take the order if I get it to the family maintenance program so I want the order to be legit for them to enforce it immediately and without an issue. Would it be wise to tell the judge that she probably won't show up if he sets another date or sets an fcc...or just let him do what he wants without suggesting. It seems like these family court days the judge likes to whip through everyone quickly.
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Old 09-06-2016, 07:14 PM
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If you have any old information relating to their income you could try using last known income, provided you have some kind of proof .
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Old 09-06-2016, 07:16 PM
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Originally Posted by blinkandimgone View Post
If you have any old information relating to their income you could try using last known income, provided you have some kind of proof .
Ok, i will bring texts stating 15hrs day, and 80-90 hour weeks and base it on min wage. Maybe it will help the judge make an order that same day. Print them out I guess and have them ready if he would like to see them.
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Old 09-06-2016, 07:32 PM
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Tax information would likely be more useful, if you have anything formal rather than texts.
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Old 09-06-2016, 08:37 PM
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I have nothing formal, the personal service of the application was her folding her arms and saying i am not taking that, then it was dropped at her feet. She hides and avoids. So I guess I will just tell him in a short form of what I want, and let him ask questions...take it from there. He might be curious why I waited 3 years, but thanks for the tips and we'll see how it goes tomorrow. My biggest concern was if I got the order for support and that it was not detailed in a way that family maintenance could enforce it, but I will say that in my openning statement when he asks what I want so he knows It will end up having to be forced out of her, but I am sure he will realize that when she is a no show or if he asks to look at the texts and will see that she is outright refusing support when I ask.
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Old 09-07-2016, 01:11 AM
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Quote:
Originally Posted by undersc0re View Post
I have nothing formal, the personal service of the application was her folding her arms and saying i am not taking that, then it was dropped at her feet. She hides and avoids. So I guess I will just tell him in a short form of what I want, and let him ask questions...take it from there. He might be curious why I waited 3 years, but thanks for the tips and we'll see how it goes tomorrow. My biggest concern was if I got the order for support and that it was not detailed in a way that family maintenance could enforce it, but I will say that in my openning statement when he asks what I want so he knows It will end up having to be forced out of her, but I am sure he will realize that when she is a no show or if he asks to look at the texts and will see that she is outright refusing support when I ask.
Who's he and who's she? Which is the judge and which is the other parent? Regardless of the gender, if the other parent is not working or you have no proof of him working whatsoever, how do you know that his income meets the threshold for minimum child support? How do you know he/she is not on welfare or disability ? He likely needs to respond and attend the MIP program before the matter proceeds. If you serve him and he never responds then you could likely obtain interim custody and no access to him if he/she doesn't want to see the kids. You will require evidence of him working in order to obtain child support. If he/she has any job of any kind you could find out his expected salary - a private investigator might be a wise investment for you.
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Old 09-07-2016, 02:04 AM
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This seems to be an ignorant view. You cannot address access at a motion for CS, first of all. Second, CS isn't intended to buy time with the children so attempting to reduce, restrict or remove access from the other parent, in this case the mother, based on failure to pay support only hurts the kids and would likely not endear the applicant to any judge. Ever.
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Old 09-07-2016, 03:13 AM
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Quote:
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This seems to be an ignorant view. You cannot address access at a motion for CS, first of all. Second, CS isn't intended to buy time with the children so attempting to reduce, restrict or remove access from the other parent, in this case the mother, based on failure to pay support only hurts the kids and would likely not endear the applicant to any judge. Ever.
You are right, there is already an order for custody and access and it is a motion for CS only. Completely missed that
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Old 09-07-2016, 08:20 PM
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I told judge today income as texted to me was 90hrs another time 80hrs and then 15hrs a day, so I told him I wanted income imputed as 48000 and what she did for work. He wide eyed me and said he had a hard time believing that, opened a book, pulled out a calculator while I stood there for 4 minutes. He said I will impute an income of 20800 and give you the order as of june 1 2016 to be paid monthly and your ex will have to send in her proper financial information(notified by courts by mail)by oct 5, and I will have todays order mailed to you promptly. Done. I am sure the process will be very long from here though to get paid....
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Old 09-07-2016, 09:04 PM
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I take it she didn't show up?

Consider registering with FRO to ensure payment and have the amount adjusted once she discloses her income.
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