SMURFEELAW
Member
What is the name of your state? Arizona
Well my hubby filed for support under direction of the Judge. We went to Court and once again the system seems just a little backwards, but I do understand.
Mom has never been attributed more than minimum wage (was always a student and custodial parent). We tried to attribute her based on her experience dental assistant level II cetificate 2-3 years medical training in college (nursing program), secretary, admin assistant, waitress, book keeper etc. The Judge refused to attribute more than minimum wage b/c #1 he never had before (despite the fact that my hubby pointed out she was always in school) and #2 (and this is why I understand) she's a self admitted and proven in Court Meth Addict. So she is "unemployable" but when my husband had medical records 6 inches thick that his back was broken the Judge told him get a job or go to jail (this is the frustrating part).
So it will either be $125 or $250 a month depends on if they use the calculation that comes up by using the form or if they use the self support reserve test.
Get this she didn't even show and although we asked for default judgement the Judge still took all the facts into account (but way back when my hubby could not legitably be at the hearing b/c mom sent the child to him with SCABIES the day before the hearing and my hubby was in the Emergency Room with his child and faxed from the ER with the DR signature his reason for not being there- mom said he was making like $5000/mo. (yeah right) and got a huge judgement it took over a year to get reversed and almost a trip to jail) I guess that what you get for pro se. But it doesn't really matter $3/mo or $3000/mo she won't pay so whatever. The Judge did go back 10 months though.
The most important thing is that my SD is safe and happy as for the $$$ we will find a way afterall that's what real parents do.
On another note, and I know this probably goes under Custody but I am already here.
Mom's mom just got guardianship of the other child with a restraining order for a year for no contact what so ever.
My hubby has joint legal and primary physical of his bio daughter mom having visitation only if supervised and agreed to by dad. Obviously there has been no visitation for mom.
Should he go back to Court and ask for Sole Custody?
Would it really make a difference?
I think no but my hubby's mom is very adament thinking that if mom does ever get it together a Judge (cause it probably wouldn't be the same one) would be less likely to give mom custody if dad had sole. I think it wouldn't matter as long as we were able to show that the child is better off continuing the situation she was used to (over a year now and getting it together does not look to be in the near future she has a warrant now for drug charges) and to just give standard visitation once mom does get it together if ever.
Thanks I know it is long but many have been very helpful, even though you don't always tell me exactly what I WANT to hear you have no problem telling me what I NEED to hear and better you than a Judge.
Well my hubby filed for support under direction of the Judge. We went to Court and once again the system seems just a little backwards, but I do understand.
Mom has never been attributed more than minimum wage (was always a student and custodial parent). We tried to attribute her based on her experience dental assistant level II cetificate 2-3 years medical training in college (nursing program), secretary, admin assistant, waitress, book keeper etc. The Judge refused to attribute more than minimum wage b/c #1 he never had before (despite the fact that my hubby pointed out she was always in school) and #2 (and this is why I understand) she's a self admitted and proven in Court Meth Addict. So she is "unemployable" but when my husband had medical records 6 inches thick that his back was broken the Judge told him get a job or go to jail (this is the frustrating part).
So it will either be $125 or $250 a month depends on if they use the calculation that comes up by using the form or if they use the self support reserve test.
Get this she didn't even show and although we asked for default judgement the Judge still took all the facts into account (but way back when my hubby could not legitably be at the hearing b/c mom sent the child to him with SCABIES the day before the hearing and my hubby was in the Emergency Room with his child and faxed from the ER with the DR signature his reason for not being there- mom said he was making like $5000/mo. (yeah right) and got a huge judgement it took over a year to get reversed and almost a trip to jail) I guess that what you get for pro se. But it doesn't really matter $3/mo or $3000/mo she won't pay so whatever. The Judge did go back 10 months though.
The most important thing is that my SD is safe and happy as for the $$$ we will find a way afterall that's what real parents do.
On another note, and I know this probably goes under Custody but I am already here.
Mom's mom just got guardianship of the other child with a restraining order for a year for no contact what so ever.
My hubby has joint legal and primary physical of his bio daughter mom having visitation only if supervised and agreed to by dad. Obviously there has been no visitation for mom.
Should he go back to Court and ask for Sole Custody?
Would it really make a difference?
I think no but my hubby's mom is very adament thinking that if mom does ever get it together a Judge (cause it probably wouldn't be the same one) would be less likely to give mom custody if dad had sole. I think it wouldn't matter as long as we were able to show that the child is better off continuing the situation she was used to (over a year now and getting it together does not look to be in the near future she has a warrant now for drug charges) and to just give standard visitation once mom does get it together if ever.
Thanks I know it is long but many have been very helpful, even though you don't always tell me exactly what I WANT to hear you have no problem telling me what I NEED to hear and better you than a Judge.