any help for a dad

[wantmoretime]

What is the name of your state? California

I have a 5 year old daughter from a previous relationship, I am currently paying 742.00 a month- my w-2 shows I made 19,000 last year, I am in the rearrages by over 10,000 to child support services. Her mother makes 50,000 plus. We are going back to court and I have to represent myself. I am fighting for 50% custody and the mother is fighting it all the way- my questions are... What are the chances that I will get 50% custody? and If I do will my child support be lowered? Can I subpeona her financial records as the grandmother (mothers' mother) provides daycare for my daughter and supposedly charges her 450.00.

Also my wife and I are expecting- do the courts take this into consideration?

Thank you,
D.C.

 

[snodderly]

why are you representing yourself?

 

[LdiJ]

why are you representing yourself?

I think that may be kind of obvious...if he only made 19000 last year and is payign 742.00 a month in child support he obviously doesn't have the money to pay an attorney.

To the original poster: Why is your child support so high? Even allowing for daycare that high of a support amount doesn't make sense with a 19000.00 income. Have you considered filing for a reduction?

 

[haiku]

QUOTE=wantmoretimeWhat is the name of your state? California

I have a 5 year old daughter from a previous relationship, I am currently paying 742.00 a month- my w-2 shows I made 19,000 last year, I am in the rearrages by over 10,000 to child support services.

***On what income was this 742.00 a month based? How did you originally get 10,000 in the hole? why did you not file for some sort of relief before it got so out of hand? or does this 742. include payment on "THE AREARRAGES"***

Her mother makes 50,000 plus.

****Without knowing ca. guidelines I do not know if her income would have any bearing anyway.***

We are going back to court

***Who initiated the preceedings?***

and I have to represent myself. I am fighting for 50% custody and the mother is fighting it all the way- my questions are... What are the chances that I will get 50% custody? and If I do will my child support be lowered? Can I subpeona her financial records as the grandmother (mothers' mother) provides daycare for my daughter and supposedly charges her 450.00.

****Whether or not you will get 50% custody depends on alot of factors mostly, the well being of the child, if the primary reason is to lower your support obligation, the judges usually see through this ploy, and you likely won't win. your main reason should be the welfare of the child. but again no one can say based on the information posted, and what way the wind blows in your day in court.

you do have a right to daycare payment records, and should be researching daycares in her area to see if the charges are reflective of other daycares.(if this is amonthly fee, it sounds on target-even cheap, for quite a few regions)***

Also my wife and I are expecting- do the courts take this into consideration?

Thank you,
D.C.

***once the child is born, it could be used as a DEFENSE against a raise in support, but cannot be used as a reason to LOWER your obligation. The way the court will see it is you should have squared away your legal obligation to your children already here, before creating another.***[/QUOTE]

 

[wantmoretime]

a reply to your reply

Thank you for your response. The first time we went to court the income "guesstimate" by my lawyer was way off. I have a seasonal job, even though it is full time- I do not work in the rain, and she did not take that into consideration. And now I can't afford a lawyer.

I was the one who re-started the case. Don't get me wrong, my best interest is my daughter and I want the best for her. The mother has strings and strings of boyfriends and brings them around my daughter, as soon as my daughter gets attached her mother breaks-up with them. My wife and I have been together for 4 years ( My daughter was 8 months old) and my daughter loves the time that she spends with us. She cries everytime I take her home. On top of that my ex (26) has just rented a house and moved herself and my daughter out of the grandparents house. When I asked my daughter how she liked her new house she started to cry and said "I don't want to talk about it daddy" I was trying to be positive about it and telling her it would be ok.

The child support is an issue, but it is not the biggest issue- My daughters well being is. She has moved into a horrible neighborhood, she cries everynight and I am not there to comfort her. I knew when the relationship with her mother ended that I would not see my daughter as much, But I didn't want her to grow up in an unheatlhy family situation. I feel like the only reason that her mother is fighting more custody is so that the child support does not go down.

I know I need a lawyer, but I cannot afford one. I am in the process of subpeonaing all financial records along with all daycare statements and cancelled checks or cash reciepts- The first time we went to court day care was supposedly 800.00 a month and now for part-time it is 450.00 (my daughter starts Kindergarden in the fall)If the mother is lying and the daycare from my daughters grandmother was for free will the court do anything?

Thank you so much for all of your help.
D.C.

 

[rba777]

Alabama
You sound like a good dad wantmoretime. I went throug ha 1 1/2 year legal battle with my wife and finally won 40% of the time. I was going for 50/50 but the way courts are here I took what I could get. It is not easy. The law here says that a change of custody is only allowed if the change is beneficial to that child or children. See if you can get the judge to appoint a psychologist to evaluate the child. I was fortunate in my case and over time he finally saw the true picture. He said he would support 50/50 and joint physical but I just don't have the money. You could get a guaridan ad litem appointed for the child, but then you will probably get stuck with their bill. You attitude seems right. Tell the judge what you said in your post and God willing you will get a sympathetic judge that has a heart. They are far and few between. My prayers for you.

 

[Mie mie]

im sorry

Im from maryland, Im very touched by yout story but from previous experience, The courts and other is not going to give you any sympathy for the child your expecting, The reason I know My brother is going through this right now he is expecting another child at the moment. They told him if he didnt pay his support they would give him a couple years in jail regarless what he is going through, So I really feel your pain I know what your going through really I just feel sorry for you. Believ me when I say thye dont want to hear about your problems or your new baby or if you cant pay your bills seriously, There only worried about the support you have to provide Honest Im sorry, Mel