child support modification

[LML]

What is the name of your state (only U.S. law)? California

I have been divorced for 6 years. I have never asked for child support to be modified. I now have both daughters (16 an 14) living with me (mother) full time. I am remarried and my new spouse has a daughter (10) who is also with us full time. My ex has had several falling outs with both daughters and they do not want to see him. I am now requesting a modification of child support. I cannot afford an attorney. He retained one and she is overwhelming me with requests. I now have a request for identification and production of documents. I know this is busy work and they are trying to make me give up. Do I have to have ALL of what they are asking for or just what I have? I am not hiding anything and I have no problem giving them what they want. I just want to know what my rights are and what I should be asking for. I requested a FL150 from him months ago and I still don't have it. Any advice? Thanks.

LMLWhat is the name of your state (only U.S. law)?

 

[garrula lingua]

Have you filled out an application for the services of the Child Support Enforcement dept. in your area ?

They will not represent you, but they will 'ride herd' on a modification of a case which is a 'full service' case for them. It usually stops stupid lawyer tricks when they are involved.

 

[LML]

Child Support

No, I have not filled out an application with Child Support Enforcement. I will look into it though. Would they even take my app. if he is current?

I am feeling like this is a lawyer trick! I am glad you mentioned that. I was looking over the paper requesting all these documents and I am wondering why I have to produce them. I don't work and my current husbands wages are not considered for child support. I should be requesting these from my ex, right? I am within my legal rights to request modification. What is this tactic? I feel like they think I will just give up and go away. I am hiding nothing, but my ex is paranoid and has made comments about me sending the kids in his house to photocopy stuff. I think that is why they want me to show them everything. I would NEVER do that. Thank God my children are old enough to speak if needed.

Can I respond through the court facilitator regarding this "Request for Identification and Production of Documents". Am I legally allowed to ask why and state the irrelevance of such a time consuming request?

Please Help! Any advice would be greatly appreciated.

--LML

 

[Just Blue]

What is the name of your state (only U.S. law)? California

I have been divorced for 6 years. I have never asked for child support to be modified. I now have both daughters (16 an 14) living with me (mother) full time. I am remarried and my new spouse has a daughter (10) who is also with us full time. My ex has had several falling outs with both daughters and they do not want to see him. I am now requesting a modification of child support. I cannot afford an attorney. He retained one and she is overwhelming me with requests. I now have a request for identification and production of documents. I know this is busy work and they are trying to make me give up. Do I have to have ALL of what they are asking for or just what I have? I am not hiding anything and I have no problem giving them what they want. I just want to know what my rights are and what I should be asking for. I requested a FL150 from him months ago and I still don't have it. Any advice? Thanks.

LMLWhat is the name of your state (only U.S. law)?

If you are going Pro Se than LEGALLY you are expected to conduct yourself as knowingly as an attorney. Have you read up on rules and procedure for your state?

And YES. If the opposing council is requesting doc's you need to provide them...Unless you have a valid, LEGAL reason not to.

 

[CourtClerk]

I don't work and my current husbands wages are not considered for child support.

They could be, especially if the attorney can prove that you are voluntarily under employing yourself. They are probably seeking to have an income imputed to you. What good reason do you have for not working?

 

[LdiJ]

What kind of documentation are they asking for? Sometimes attorneys do ask for ridiculous and unnecessary documents in the hope that you will give up. However, sometimes what seems unnecessary to you, may be a valid request.

 

[qurice]

They could be, especially if the attorney can prove that you are voluntarily under employing yourself. They are probably seeking to have an income imputed to you. What good reason do you have for not working?

Also, to OP, what is the reason for asking for a modification?

 

[LdiJ]

LML, I would have been happy to respond to the private message you sent me, but I cannot if you don't turn your private messages on.

 

[LdiJ]

Still not working.

 

[LML]

child support

Ldij,

Sorry, I can't figure out what I am doing wrong. You can respond to me on the regular post. Thanks.
--LML

 

[LdiJ]

Ldij,

Sorry, I can't figure out what I am doing wrong. You can respond to me on the regular post. Thanks.
--LML

Can you quote the exact wording of the request? Based on what you said in the private message it does seems like the request is beyond what would be reasonable, but the exact wording would help.

 

[LML]

child support

I think I have the private messaging working. You may reply to me on either the post or private.

It says: way to much to type the entire thing, but here is an outline.

Any and all documents reflecting pay, salary, wages, earnings, commisions, early retirement, sick leave, vacation pay, disbursements, reinbursements, dividends, bonuses, interest...etc.

All records of all persons, companies, or other entities for whom you have independently, or through any business, performed any activities wherein any form of compensation was received by you, including records of the name, address, and phone of the person or entitiy paying the compensation...etc.

Check registers, ledgers, stubs, bank statements, passbooks, certs of deposits, IRAs, Treasury bill accts, liquid money accounts, and other documents reflecting deposits, withdrawls, and or exchanges of funds in any bank, regardless if said account is closed...etc.

Contracts, escrow instructions, deeds, title ins., tax bills, loan apps, (etc.) My name is not even on the house.

All expenses, receipts, including, food, rent, tax, gas, utlities, clothing, phone, medical, auto, transportation...etc

The list goes on and on. Almost all of this is my husbands and should not be considered regardingh child support. Is this overkill? I feel like I should be requesting these things from him. Should I request the same?

Thanks,
--LML

 

[LdiJ]

I think I have the private messaging working. You may reply to me on either the post or private.

It says: way to much to type the entire thing, but here is an outline.

Any and all documents reflecting pay, salary, wages, earnings, commisions, early retirement, sick leave, vacation pay, disbursements, reinbursements, dividends, bonuses, interest...etc.

Ok...all of that is reasonable.

All records of all persons, companies, or other entities for whom you have independently, or through any business, performed any activities wherein any form of compensation was received by you, including records of the name, address, and phone of the person or entitiy paying the compensation...etc.

That is reasonable too. Its sounds unreasonable but its not.

Check registers, ledgers, stubs, bank statements, passbooks, certs of deposits, IRAs, Treasury bill accts, liquid money accounts, and other documents reflecting deposits, withdrawls, and or exchanges of funds in any bank, regardless if said account is closed...etc.

If someone has a reasonable suspicion that you were somehow hiding income, these requests could be appropriate, but they are approaching unreasonable.

Contracts, escrow instructions, deeds, title ins., tax bills, loan apps, (etc.) My name is not even on the house.

Again, if someone has a reasonable suspicion that you were somehow hidng income, these requests would also be appropriate, but they are approaching unreasonable.

All expenses, receipts, including, food, rent, tax, gas, utlities, clothing, phone, medical, auto, transportation...etc

.

This is where it starts to truly get ridiculous. Most people could not provide alot of those receipts because most people don't keep them.

The list goes on and on. Almost all of this is my husbands and should not be considered regardingh child support. Is this overkill? I feel like I should be requesting these things from him. Should I request the same?

Go talk to the family law facilitator's office for your county, or self help center, and see what they have to say about this "laundry list".

 

[LML]

child support

Ldij,

Thank you and I will do that,.

--LML

 

[TinkerBelleLuvr]

have been divorced for 6 years. I have never asked for child support to be modified.

A child support modification request is NOT unreasonable after 6 years.


It does sound like the regular laundry list of sources of income. With that said, it is also reasonable to answer those requests with not applicable if it isn't applicable.

As for the receipts, if you don't have them, then just say, I don't have them. They cannot make you provide something that you don't have.

Think of this from a different angle. If you aren't working, then HOW do YOU provide for the children. Obviously, it would be your husband. A request of a tax return is to decide what portion of the tax bill is attributable to each party, etc.