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Evidentary hearing on earning capabiity?

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gingin4u2

Junior Member
What is the name of your state? CA
Can anyone tell me what evidence might be used during a evidentary hearing my ex requested at our OSC which was for increase in child support I filed. I know it is about my earning capability. How do they go about proving what one can make now and what is available? What can I do or have at the hearing to rebut his claims. 5 years ago I made $30,000 for one year and 25,000 and 22,000 for others. I now make $13,000 working part time, I drop our kid off at school and work tell I pick him up, In previous orders I am considered child care provider when my ex has visitation because I pick our child up from school and watch him tell his father gets off work. My main thought is that if I work the extra 2 -3 hous a day than we would have child care cost which would need to be split, which almost canceal eachother out. I just don't know what to expect at the hearing.
 


LdiJ

Senior Member
gingin4u2 said:
What is the name of your state? CA
Can anyone tell me what evidence might be used during a evidentary hearing my ex requested at our OSC which was for increase in child support I filed. I know it is about my earning capability. How do they go about proving what one can make now and what is available? What can I do or have at the hearing to rebut his claims. 5 years ago I made $30,000 for one year and 25,000 and 22,000 for others. I now make $13,000 working part time, I drop our kid off at school and work tell I pick him up, In previous orders I am considered child care provider when my ex has visitation because I pick our child up from school and watch him tell his father gets off work. My main thought is that if I work the extra 2 -3 hous a day than we would have child care cost which would need to be split, which almost canceal eachother out. I just don't know what to expect at the hearing.

Honestly, you probably shouldn't over worry about it. Yes the income of the custodial parent does have an effect on child support, however usually not quite as much impact as people believe. The fact that your arrangement allows you to work without having to worry about childcare expenses is also significant. You might want to consider pulling together some figures on after school care costs in your area and suggest that if they impute a full time income for you, that they also impute his share of the cost of after school care.

I can't suggest that you go and run the numbers on an online calculator, because CA uses the dissomaster which isn't really available to the public online. However in my state, which uses some pretty sophisticated calculations too....the cost to the ncp of daycare would usually be higher than any benefit they would recieve by you having a higher income.
 

stealth2

Under the Radar Member
They'll most likely show what your income has been in the past, what current salaries are for people with your qualifications, that there are F/T jobs available that you qualify for and that you have voluntarily remained underemployed.
 

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