child support modification

[LML]

child support modification help

Thanks for the info.

I really think I should not have to produce all our bank statements and personal info. The W2 for the years should be sufficient. This is all very stressfull and overwhelming. I thought modification would be easier. I have the kids full time and he is making double his previous salary. I am fine with imputed income. Why such drama?

I understand some of the documents requested are reasonable and I am gald I can say certain things are not applicable. Do I have a chance here though. Please be honest. I am finding myself consumed with gathering info. to go up against an attorney, which I cannot afford. I never asked for spousal support because my focus is and always has been the girls. Will this count for anything? I almost just want to give up and keep struggling rather than go thru this.

Is it right that I give up these documents before even receiving a response? This does not seem right. He may surprise me with asking for more custody or visitation. I want to avoid getting the children involved. I feel I should know what's what before I go handing personal documents over. Am I right? Am I wrong? Someone, please be honest with me.

I am going to contact CSS tomorrow and see if there is anything they can do. I am also considering paying $300. for a consultation with an attorney for guidence. I am reluctant because I fear it becomming a crutch that I will nee every time this is stalled. Which I think is going to happen a lot.

Thanks for the advice so far. It is very much appreciated. Anything more is very welcome. I have limited time and I want to be as prepared as possible.

Thanks,
--LML

 

[CourtClerk]

Thanks for the info.

I really think I should not have to produce all our bank statements and personal info. The W2 for the years should be sufficient. This is all very stressfull and overwhelming. I thought modification would be easier. I have the kids full time and he is making double his previous salary. I am fine with imputed income. Why such drama?

His income rose, your imputed income should also rise. He should not have the sole responsibility for financially caring for your (mutual) children because you choose to stay home.

I understand some of the documents requested are reasonable and I am gald I can say certain things are not applicable. Do I have a chance here though. Please be honest. I am finding myself consumed with gathering info. to go up against an attorney, which I cannot afford. I never asked for spousal support because my focus is and always has been the girls.

Will this count for anything?

Not a thing. If you wanted and were entitled to spousal support, you should have asked for it. That you didn't doesn't give you "brownie points."

I almost just want to give up and keep struggling rather than go thru this.

That's your choice.

Is it right that I give up these documents before even receiving a response?

Yes

This does not seem right. He may surprise me with asking for more custody or visitation.

As is his right

I want to avoid getting the children involved.

You got the children involved the minute you two decided to divorce. You got the children involved the minute you decided to remarry. Can't unwind the clock now.

I feel I should know what's what before I go handing personal documents over. Am I right? Am I wrong?

Whether you're right or you're wrong is inconsequential. You've been asked to produce documents. Whether or not he asked for increased parenting time means nothing for the documents you've been asked to produced. Apples and oranges.

I am going to contact CSS tomorrow and see if there is anything they can do.

Probably not. They are not going to high tail it to open a case and get their ducks in a row before your modification hearing. Usually takes several months for them to get themselves involved and joinder themselves to your case.

I am also considering paying $300. for a consultation with an attorney for guidence. I am reluctant because I fear it becomming a crutch that I will nee every time this is stalled. Which I think is going to happen a lot.

Again, your decision.

 

[LML]

chld support modification

courtclerk,
Thank you very much for your honesty. Couple more questions...

I read on another post from another state that if it is just a letter from the attorney and not a subpeona then I can respond with "Please cite statutes requiring me to provide you with my income information." Is this true? Could this be a tactic? Do I have to answer to anything that is not stamped with a file date? I am in California, so does this matter?

An actual subpeona would have the file date stamped on it, right? I also keep reading that a W2 should be sufficient for my husbands salary. Personal info. should not have to be produced. I totally agree that my imputed income should go up if his income went up. Good point.

Shouldn't I at least have his FL150 form by now? Can I request this from his employer? It has been 2 months since I requested it. Our date got continued, but does the date change for both the response and the FL150 or just the response?

Thanks for your time.
--LML

 

[CourtClerk]

courtclerk,
Thank you very much for your honesty. Couple more questions...

I read on another post from another state that if it is just a letter from the attorney and not a subpeona then I can respond with "Please cite statutes requiring me to provide you with my income information." Is this true?

You could. Then you'll get the statutes you're looking for. What are you going to do with them then except provide them the information and tuck your tail between your legs.

Could this be a tactic?

A very stupid one IMO. You, with no legal knowledge is going to attempt to match wits with an attorney. Good luck with that.

Do I have to answer to anything that is not stamped with a file date? I am in California, so does this matter?

Some things are sent before they are filed....

An actual subpeona would have the file date stamped on it, right?

Wrong. They are sealed first. Filed AFTER they are returned. See how unprepared you are to deal with this on your own if you intend to play games with this attorney? Heck, I'd run circles around you.

I also keep reading that a W2 should be sufficient for my husbands salary. Personal info. should not have to be produced. I totally agree that my imputed income should go up if his income went up. Good point.

It's not sufficient, IMO

Shouldn't I at least have his FL150 form by now?

I don't know. I don't know the particulars of your specific case.

Can I request this from his employer?

No, his employer wouldn't have access to MOST of the information on an I&E. Heck, I WORK for the courts and they couldn't fill out an I&E on my behalf if they tried, nor would they want to. How do they know what my living expenses are? Who lives in my house? How much my revolving credit payments are? I mean, you don't work, but if you do (or ever have) did you ever go around spouting off how much all of your bills were? That is the information they are asking for on an I&E.

It has been 2 months since I requested it. Our date got continued, but does the date change for both the response and the FL150 or just the response?

The date you asked for the modification has nothing to do with the date that the response should be to you. In fact, they may not even file a response. They may just show up in court. They may send it to you a week before the court date. They may just wait to see what you'll do and deal with you accordingly. I've seen it all.

 

[LML]

child support modification help

CourtClerk,

Okay...I have been very nice to you. I am looking for free advice, yes. You don't need to have such attitude with me. If you are interested, then please answer me respectfully. I do not need to be told that you would run circles around me. I though this was a helpful site. If you don't want to help me then let someone else answer me. I respect your opinion and I would hope that you would respect that I am not a court clerk, judge, or an attorney. If I were, I would not be asking for help.

That said...Through investigation, I have found that I do not have a subpoena, I simply have a request. Everything I am reading says I do not have to comply. What is your opinion?

Respectfully,
--LML

 

[proud_parent]

That said...Through investigation, I have found that I do not have a subpoena, I simply have a request. Everything I am reading says I do not have to comply. What is your opinion?

Both parties in a child support case are entitled to information about the other party's ability to provide for the child(ren). Failing to respond to a Request for Production on grounds that you have not been subpoenaed only delays the inevitable.

Provide as much of the requested information as you are able. As others have already advised you, where particular documents are not applicable or not available, state as much in your response.

If the other party has failed to provide you with information to which you are entitled, then address that failure directly. Playing tit-for-tat by withholding your own information is juvenile, IMO.

 

[Nativity]

CourtClerk,

Okay...I have been very nice to you. I am looking for free advice, yes. You don't need to have such attitude with me. If you are interested, then please answer me respectfully. I do not need to be told that you would run circles around me. I though this was a helpful site. If you don't want to help me then let someone else answer me. I respect your opinion and I would hope that you would respect that I am not a court clerk, judge, or an attorney. If I were, I would not be asking for help.

Respectfully,
--LML

Before any kind of fight it is best to be prepared. While you will receive amazing legal advice here, for free, you should also consider the users here as your coach. If you can crumble over a "Heck, I'd run circles around you" comment, you won't last long in a court room. Take everything you get here, whether it's good or bad or even ugly, and let it sink in because you will need it.

 

[Ohiogal]

CourtClerk,

Okay...I have been very nice to you. I am looking for free advice, yes. You don't need to have such attitude with me. If you are interested, then please answer me respectfully. I do not need to be told that you would run circles around me. I though this was a helpful site. If you don't want to help me then let someone else answer me. I respect your opinion and I would hope that you would respect that I am not a court clerk, judge, or an attorney. If I were, I would not be asking for help.

That said...Through investigation, I have found that I do not have a subpoena, I simply have a request. Everything I am reading says I do not have to comply. What is your opinion?

Respectfully,
--LML

She wasn't giving you attitude. She was explaining things in simple terms with the hope you would understand it. If you want I CAN GIVE YOU ATTITUDE. Would you like that? And the court doesn't care that you are not an attorney. YOU are expected to behave like an attorney and come with the same knowledge if you are acting pro se. You don't get cut breaks because you decide NOT to hire counsel. If you want to act as your own counsel then you need to get the information needed and act as counsel. You need to provide all the information. The attorney has a right to determine if you are hiding income. The information asked for is just and proper and reasonable for the most part. Quit your whining and provide it.

or don't and expect the attorney to move for you to be sanctioned. And to get an order COMPELLING YOU to answer every qudestion. Which if you don't then, look for you to be found in CONTEMPT OF COURT! In other words, fines and possible jail.

 

[Ohiogal]

Both parties in a child support case are entitled to information about the other party's ability to provide for the child(ren). Failing to respond to a Request for Production on grounds that you have not been subpoenaed only delays the inevitable.

Provide as much of the requested information as you are able. As others have already advised you, where particular documents are not applicable or not available, state as much in your response.

If the other party has failed to provide you with information to which you are entitled, then address that failure directly. Playing tit-for-tat by withholding your own information is juvenile, IMO.

Parties do NOT need to be subpoenaed. Parties are expected to respond to the Request for Production. If she uses that excuse expect a judge to nail her to the wall for her ignorance.

 

[CourtClerk]

CourtClerk,

Okay...I have been very nice to you. I am looking for free advice, yes. You don't need to have such attitude with me. If you are interested, then please answer me respectfully. I do not need to be told that you would run circles around me. I though this was a helpful site. If you don't want to help me then let someone else answer me. I respect your opinion and I would hope that you would respect that I am not a court clerk, judge, or an attorney. If I were, I would not be asking for help.

That said...Through investigation, I have found that I do not have a subpoena, I simply have a request. Everything I am reading says I do not have to comply. What is your opinion?

Respectfully,
--LML

For the record, I have an attitude with EVERYONE. I'm full of attitude. Ask my parents, my friends, my boss, heck, ask my kids. Now, if you have a problem with that, that is completely just YOUR problem (and not mine). If you can't deal with my "attitude," that's completely fine. I'll stop answering your questions....

Good luck.

P.S. I ran circles around my ex's ATTORNEY too. Suffice it to say, when it comes to CA and these darn courtrooms, I happen to know what I'm talking about.

 

[CourtClerk]

And to get an order COMPELLING YOU to answer every question.

And hauling her precious husband into court as well......

 

[LML]

I want to thank those of you who responded to me respectfully. I am asking as many questions as I can in order to be prepared. I wasn't shaken by the comments as much as I just felt them unneccessary. Many of us are on this site because we cannot afford an attorney. I didn't attend law school, if I did, I wouldn't be asking these questions. Some of my questions probably do seem stupid to people educated in law. I understand this, I am simply looking for answers and suggestions to help me through this process. We are trying to do what is in our children's best interest. I have received a lot of great tips from many of you on this site. Thank you. This entire process is emotionally exhausting and when I found this site I saw it as a friendly place to turn. I would prefer to only receive responses from people who really want to reach out and help. Thanks.

--LML

 

[Ohiogal]

I want to thank those of you who responded to me respectfully. I am asking as many questions as I can in order to be prepared. I wasn't shaken by the comments as much as I just felt them unneccessary. Many of us are on this site because we cannot afford an attorney. I didn't attend law school, if I did, I wouldn't be asking these questions. Some of my questions probably do seem stupid to people educated in law. I understand this, I am simply looking for answers and suggestions to help me through this process. We are trying to do what is in our children's best interest. I have received a lot of great tips from many of you on this site. Thank you. This entire process is emotionally exhausting and when I found this site I saw it as a friendly place to turn. I would prefer to only receive responses from people who really want to reach out and help. Thanks.

--LML

Who is WE and the OUR refers to which people?

Oh and you don't get to dictate who answers. You are receiving help. What you probably meant is you only want to receive help that is phrased in nice, delicate simple tones so as not to harm your fragile disposition. Right?