monetary sanctions...

[sotiredofit]

What is the name of your state? CA

First I'd like to thank profmum for her professionalism and understanding in the way she answered my question regarding monetary sanctions, and she did it all without name-calling and she was the only out of those on this board who replied. She is to be commended for that. I intend to take her good advice on how to handle myself in court with the ex from here on out.

Now, since you stated that I would get no monetary sanctions awarded to me, my question to you, profmum, and anyone who wants to tackle it is "why not"? Why wouldn't I be entitled to sanctions in view of the fact that the ex lied about his income while we were negotiating a marital stipulation? Or would that only apply to a trial? Although I haven't run it by an attorney yet, I have read up on it and from what I've read, the court can go back years and impose sanctions. I do think in this situation sanctions should be imposed.

 

[Ohiogal]

Okay who among us is SO TIRED OF OP? And really wish she would go away since all of her questions have been answered? Oh yeah. OP you have answered. About as well as anyone can be. You have asked the same question three times. GO AWAY all ready!

 

[sotiredofit]

Okay who among us is SO TIRED OF OP? And really wish she would go away since all of her questions have been answered? Oh yeah. OP you have answered. About as well as anyone can be. You have asked the same question three times. GO AWAY all ready!

Actually, Ohiogal, I will say that profmum's advice thus far has been very helpful. However, although she said I wouldn't be able to get monetary sanctions, she didn't say why.

I have no idea why me asking a simple question bothers you so much. This is what this board is for.

 

[Astrolink]

One this I saw that was missing in your previous threads, is your income will most likely be imputed for CS purposes. As I recall, you have either a teacher's license, which would probably put you in the $40-50K range, or a psychologist, which would be higher. This will lower your CS at the next hearing, whether he is held to his old income or not. Also, from what I've read, you cannot make CS retroactive to years gone by, but only to the day a CS change is applied for. Whatever sanctions you are referring to, must fall with the scope of laws that may pertain to it. I suggest you study those laws, or have an attorney explain them to you. Good luck.

 

[sotiredofit]

One this I saw that was missing in your previous threads, is your income will most likely be imputed for CS purposes. As I recall, you have either a teacher's license, which would probably put you in the $40-50K range, or a psychologist, which would be higher. This will lower your CS at the next hearing, whether he is held to his old income or not. Also, from what I've read, you cannot make CS retroactive to years gone by, but only to the day a CS change is applied for. Whatever sanctions you are referring to, must fall with the scope of laws that may pertain to it. I suggest you study those laws, or have an attorney explain them to you. Good luck.

Hi, Astrolink. I have a psychologist credential but presently am only employed as a substitute teacher. The most I can make doing this job is $1800 per month. I have been looking for a school psychologist job, but have been not been successful finding one due to my lack of experience in the field. So, I am hoping the judge will impute that amount to me and no more. The ex on the other hand has lots of experience in the mortgage industry and made $155k his last year in the business. He has been cut-off from long term private disability and I'm willing to bet it's because they have certified him able to work.

About the CS and alimony, I'm not talking about retroactive support, I'm talking about the judge imposing monetary sanctions on the ex for lying about his income when we filed the marital stipulation. I can provide a preponderance of evidence that suggests he told me he was being paid 4200 a month by his private disability company when he was actually receiving $5600 per month. I can get his doctored paycheck stubs from the leasing office where he helped me get an apartment. So, the monthly CS and alimony payment I agreed on and have been receiving for 3 years now is based on a lie-His lie.

 

[sotiredofit]

Below is where I first heard of "monetary sanctions":

"During discovery in a divorce action, husband failed to disclose all separate and community assets held by him. Wife filed an application for monetary sanctions against husband for violating his fiduciary duty to make financial disclosures to wife during divorce proceedings as well as attorneys fees based on Family Code, section 1101(g), section 2107(c) and 271(a). Collectively, these family code sections give the trial court power to sanction and impose attorneys fees for breach of spouse's fiduciary duty to disclose and for conduct which frustrates the policy of promoting settlement. Trial court ordered husband to pay $250,000 to wife as sanctions, in addition to $140,000 for wife's attorneys fees."

As far as my income goes, I think I have my ducks in a row for the upcoming hearing. I have printed out all the applications I have submitted for available school psych positions in reasonable driving distance since I obtained my credential and I have a few of the interview rejection letters I've received for back-up. I'm hoping that will be enough to convince the judge not to impute a school psychologist's salary to me. I haven't the experience and I haven't the job. He can't do it.

The ex on the other hand, has the experience as a loan officer (a top-notch one I might add), that was his last job, so to impute that income-maybe not as much- would be appropriate. This is, of course, in the absence of a disability which I truly believe does not exist. The ex stated on the response and declaration form that he is going to appeal the decision to cut him off. That right there is an indication that the disability insurance did not run out, but rather he has been certified by their doctors as being able to return to his former job.

And yes, Astrolink, I will run the above family law by an attorney to see if it applies in my case. Again, we signed a marital stipulation. Thanks for your helpful advice.

 

[Astrolink]

"I'm hoping that will be enough to convince the judge not to impute a school psychologist's salary to me. I haven't the experience and I haven't the job. He can't do it."

This varies greatly from state to state, and your attorney could tell you what the prevailing attitude is in your area. Don't think the judge can't do it. In my area, you could count on it occuring.

"The ex on the other hand, has the experience as a loan officer (a top-notch one I might add), that was his last job, so to impute that income-maybe not as much- would be appropriate."

Is he a loan officer that deals with financing mortgages? What has his income been for the last 3 years? This is what is probably most important in a judge's eyes.

"This is, of course, in the absence of a disability which I truly believe does not exist."

If he has been getting disability pay, you won't win that arguement.

"I'm talking about the judge imposing monetary sanctions on the ex for lying about his income when we filed the marital stipulation."

This is beyond my experience as to potential outcomes.

It does sound to me that you are taking great risk, with the potential for a negative outcome to be high.

As I am not an attorney, I will only offer the following: Logic does not necessarily apply in family law decisions, and it is important to not let it dictate your course of action.

 

[sotiredofit]

"Is he a loan officer that deals with financing mortgages? What has his income been for the last 3 years? This is what is probably most important in a judge's eyes"

Yes, the ex is a loan officer who has averaged about 100k the last 3 years in the business before he went out on private disability.

"It does sound to me that you are taking great risk, with the potential for a negative outcome to be high."

I have no choice, the ex filed an order to show cause to reduce CS and alimony because his private disability insurance "unexpectantly" cut him off.

"As I am not an attorney, I will only offer the following: Logic does not necessarily apply in family law decisions, and it is important to not let it dictate your course of action."

I'm sure this is true, which is why I will go in with all the documentation showing how I have searched for a position in my field, for one thing. That's all I can do on that point.

 

[profmum]

About the CS and alimony, I'm not talking about retroactive support, I'm talking about the judge imposing monetary sanctions on the ex for lying about his income when we filed the marital stipulation. I can provide a preponderance of evidence that suggests he told me he was being paid 4200 a month by his private disability company when he was actually receiving $5600 per month. I can get his doctored paycheck stubs from the leasing office where he helped me get an apartment. So, the monthly CS and alimony payment I agreed on and have been receiving for 3 years now is based on a lie-His lie.[/QUOTE]

For a $1600/month difference,the fact that he is on disability (regardless of whether he is trying to get off it) and therefore results in a legitimate change in circumstance for a mod of CS and alimony, the fact that despite your newly earned education, you want the judge to impute your income to something much lower than what you are eligible to make does not add up to monetary relief being awarded to you. I think if you pursue this, it could very well result, in a reduction in CS and alimony, since he cant make as much as he used to and you can earn more than you used to at the time of the marital stip.. you run the real risk of getting less out of pursuing this... I would NOT be so confident that because you dont have a job yet your income will not be imputed to what you can make..

 

[sotiredofit]

profmum, the ex is no longer on disability. His private insurance cut off his $5600 monthly payment. That's his change in circumstance. That's why he filed. He got cut off, so he wants to pay me less based on what he thinks his new rental jumping business should generate. He stated on the response declaration that he estimates those earnings between 2k-3k per month.

All I can say is if the judge imputes more income to me than what I really earn, I'll be crying like a baby, and will definately appeal that ruling.

 

[Ohiogal]

profmum, the ex is no longer on disability. His private insurance cut off his $5600 monthly payment. That's his change in circumstance. That's why he filed. He got cut off, so he wants to pay me less based on what he thinks his new rental jumping business should generate. He stated on the response declaration that he estimates those earnings between 2k-3k per month.

All I can say is if the judge imputes more income to me than what I really earn, I'll be crying like a baby, and will definately appeal that ruling.

Do you realize that you sound like a hypocrite? You want HIM imputed and yet you don't think it is fair if you are IMPUTED. Because as we go back to all your posts you are using child suppot as alimony. YOu want him to support you forever. that is what comes of this. If he is imputed, YOU will also be imputed. And you will appeal? You realize the standards for appeal correct? You would have to prove that the judge used an abuse of discretion in order to get your imputed income overturned. And that will not happen. Because with your degree you have an opportunity to earn a lot more thna what you are. Because you have CHOSEN to substitute teach and not put your degree into practice is not anyone's fault.
You just don't get it. You understand none of the legalities of your situation and no matter how many times it has been explained to you you just say I am right. As for crying like a baby, you have been constantly on here. So that would be nothing new.

 

[sotiredofit]

Because with your degree you have an opportunity to earn a lot more thna what you are. Because you have CHOSEN to substitute teach and not put your degree into practice is not anyone's fault.
You just don't get it. You understand none of the legalities of your situation and no matter how many times it has been explained to you you just say I am right. As for crying like a baby, you have been constantly on here. So that would be nothing new.

Tha'st NOT true. I believe I have stated more than once that I have been searching for a position in my field since I have obtained my degree. I believe I have stated more than once that I have the applications and rejection letters to prove it. This documentation will be presented to the judge.

I sound like a hypocrite huh? What do you sound like when you have CHOSEN to overlook that important fact so that you can call me names? Not professional by any means, I can tell you that.

I'm aware I have to have a legal reason to appeal if the judge imputes income to me and I do have a very valid one: I have attempted to secure a position. My ex, on the other hand, is a different animal altogether. He says he's disabled, his private disability has cut him off (thus certifying him able to work) and he has just become self-employed in a very physical business where he has to lug around inflatable jumpers to birthday parties. And yet he's disabled...

He may be disabled to some extent. I won't deny that. But, I do know company's are required to provide accomodations to the disabled people so they can earn a living and become productive members of society. That he can go into an "inflatable jumper rental business" tells me he's only disabled when it suits him. That would be when he can sit at home and earn a substantial income courtesy of his private disability company. The fact of the matter, his private disability company has to have a pretty good reason to cut him off like that or else they open themselves up to litigation. That insurance did not run out because he stated he's going to appeal it. One other thing, he has just now, after being on private disability for 3 years, applied to state disability. That's very fishy. Normally, a disabled person would apply for that as soon as they become disabled, not wait 3 years even if they are being paid disability from some other source. Now, he has applied for that but has started his own labor intensive business. Now, what's wrong with this picture??

 

[sotiredofit]

Because as we go back to all your posts you are using child suppot as alimony. YOu want him to support you forever.

Ah, forgedaboutit! See, I have me two strapping boys. These days, it takes a side of beef two feed these younguns!! Daddy danced to the music, now he has to pay the piper, as they say.

Daddy brings home the bacon, momma fries it up in a pan...And when there is a divorce, daddy still has to bring home that bacon!

For some reason, I'm feeling very "chipper" today.
(ok folks, excuse me for injecting a bit of humor into the thread.)

 

[Ohiogal]

Ah, forgedaboutit! See, I have me two strapping boys. These days, it takes a side of beef two feed these younguns!! Daddy danced to the music, now he has to pay the piper, as they say.

Daddy brings home the bacon, momma fries it up in a pan...And when there is a divorce, daddy still has to bring home that bacon!

For some reason, I'm feeling very "chipper" today.
(ok folks, excuse me for injecting a bit of humor into the thread.)

And you have just shown what you are really after. To have him keep paying and paying and paying. You are using it as alimony. He is not trying to not pay child support.
Strapping boys huh?
lets see in one of your first posts you stated:

I have a OSC scheduled for next month in which my ex is the petitioner. I had been married to him for 10 years and we have two children (14 and 10). We were divorced in 2004. He is asking that child support be cut or reduced because his private disability has been "suddenly" cut off (he says...). I do not have a lawyer. I went to the court facilitaor (lawyer) and she prepared a subpoena for me where I am requesting that my ex send the court all conversations, records, records of payments, etc. to the court for the hearing.

Fourteen and ten. How strapping are they? If very, them maybe you need to take them to the doctor to see about getting them on a diet. Childhood obesity is extremely prevalent and if they eat that much then you are overfeeding them.
As for paying the piper, you also danced. So why don't you have to pay?

 

[CourtClerk]

OG,

You have been asked and warned on many occasions. When you are going to type something as to make us spit out whatever drink that we have in our mouths, we respectfully ask that you give us warning as to not have to clean up the messes you basically create at our respective computer tables. I will now have to send you to the corner for time out.