LEGAL DOCUMENTS FOR CHILD SUPPORT ??

HUDSON

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First off, I live in California. I just got served documents by my ex wife for modification of child support. From what I know I believe she did not do this right:

-She was missing her income and expense sheet.
-She did not provide me ANY blank copies of any documents to respond nor a blank income and expense sheet.
-She filed as the "respondent" and not the "petitioner" which she thinks she had 9 days before the court date to serve me, but she is actually the petitioner who needs to give me at least 16 court days before the set court date of March 8th. So, she is 3 days late.

Is she in the right?


Clearly, I don't think she knows what she is doing. If anyone has been through a modification before I would appreciate some feedback or any helpful advice.

Thanks!
 

HUDSON

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Pay up and move on.

You have a penis you have already lost.

I feel your pain.

Good Luck.

I'm already paying her. We have my son 50/50 time. We make relatively same amount of money and she's a money hungry bitch!! I also have been with someone else for 4 years and have a 2 year old son, so I am providing for him as well. Thanks for the feedback, but look'n for a little more insight from someone who's been in the situation. Dealing with her stupidity is mostly the pain I go through. Providing for my son is no pain, but I want what's fair.
 
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freelancc

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consult the divorce lawyer or the person familiar with the original divorce arrangements:SIB

and good luck with everything and hope things work out.
 

neverteaseit

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I have been down this road and lost everytime. Her income played very little in the matter. My case was similair and the judge told me to get a part time job if I needed more $$ for myself and my family. I asked him why would I do that? So you could take more from me.

Of course each state is different.

I would like to know the results when you are finished.

I wish you luck!!
 

marine

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Have you seen some of the conversations that go on with the people in this forum? And you're asking them for legal advice?
 

Captain Crunch

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I have been through this before, but it has been a few years and I'm sure every state is different. If she sent via regular mail, it sounds like she is trying to do this herself. In Missouri, you are either required to have it sent certified mail or be served by a someone. I think the respondent/petitioner has to do w/ what is on the original child support agreement. In short, you need to take this to an attorney to have him or her look at before the discriminatory piece of shit judges fuck you in the ass hard and dry because, as Neverteasit has stated, you have a penis. And don't think they won't either. In Missouri, there is a set formula for figuring child support, but it can change if one of you has to pay air fare or other expenxes related to the child being w/ one of you out of state. In short, get a lawyer, and don't forget to take all your bank, brokerage, and IRA statements, so they will know how much to fuck in you the ass too. I've got one more year of this shit, and am gonna have a party once its done.:mj06:

Good Luck
 

taoist

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Child support laws vary from state to state.... You'd be better off contacting a good family law attorney in that area. Find one that gives free consults and then after your consult, you can determine if you want to tackle this yourself or if it's worth the money to hire a professional.

I do this for a living and there are some things that non-attorneys can handle themselves and then again there are some things that folks think that they can handle without an attorney...only to royally screw it up.
 

luvmy$$$

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Hud, get my email addy from Jack, from there I can call you. Yes every state is different, especially down south in the bible belt. But in WI, I can tell you I ended up with sole custady, primary placement, and will be going for child support in the next few months. I would rather not discuss details in the forum, but there are steps you can take to better your situation. Good to hear that you have your child 50/50.
 

Chadman

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I've been through this - still going through it - and like Captain Crunch, mine is in Missouri as well. My wife is a family law attorney, and she can't believe the way Missouri deals with these cases... and before her I thought I was the crazy one. Each state is different, let alone dealing with two states.

First question - did the documents come from an attorney's office, the child support enforcement office, or directly from your wife? Everything I have dealt with is handled by the child support enforcement people, and much of it is out of both my hands and my exes hands. There are set formulas, and it's tough to work around them, without going back into reopening or modifying the original case, which is expensive and may not help at all. It is slanted to the mother in most cases, and in many cases that's the right way to go - there are worthless people on both sides of the situation, of course. I feel I've paid too much for years now, but also like Crunch, I'll be done soon - December for me. Yes, a party will be held - maybe in KC, Crunch?!?

I'd suggest an attorney, but if the docs are being handled by the child support enforcement people, you can usually deal with them for info initially. If you are calm, polite and not confronting, it will go a long way. I always think an attorney for matters like this are important - they can save you a ton of money in the long run - but modifications can be a different thing. I've fought two of them with good reasons and a lot of work on my part, and saved a good chunk of money both times.

Good luck to you. It sucks, that for should.
 

LDB

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Have you seen some of the conversations that go on with the people in this forum? And you're asking them for legal advice?

:142smilie

on a serious note, sorry to hear about your situation hud, I would consult with an attorney.
 

HUDSON

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Thanks for the comments guys.....

I went to the court today and they said to file a motion for continuance to push back the court date. Since she gave me the papers so late I have no time to prepare. She filed this shit back on Dec 1st!!! Fukcn bitch!!!

She's going to look like an idiot in front of the judge for the way she went about serving me. She followed "NO" rules on the "correct" way to serve someone. She is supposed to give me copies of "ALL" documents that were filed to the court, plus blank copies of all documents for me to respond, plus a copy of her income and expense sheet, plus a blank copy for me to fill out. She did NONE OF THAT! Plus, she was 3 days over the due date to serve me correctly. She gave me about a 1/4 of the documents I was supposed to get. Plus she filed as the "respondent" and not the "petitioner". What the hell is that?? I was laughing my ass off when I saw that. I'm dealing with an idiot here, but then again she has a vagina and I have a penis, so I might as well give up...right? Hell no!!!!!

I know for a fact we make relatively the same income, so when they run the disso-master numbers we're talking nickels and dimes difference. Plus, we split 50/50 custody and I do have another child to support which does play a factor in my defense. There's only so much $$ to go around...right?? I guess I better start hitt'n those 5 UNIT plays!! LOL!!
 
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HUDSON

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I have been down this road and lost everytime. Her income played very little in the matter. My case was similair and the judge told me to get a part time job if I needed more $$ for myself and my family. I asked him why would I do that? So you could take more from me.

Of course each state is different.

I would like to know the results when you are finished.

I wish you luck!!

I'm already working 50-60 hours a week....more sometimes. Not sure where a part-time job would come in. Hope that doesn't come up. I'd be pretty pissed off if that gets said to me cuz I'm bust'n my ass everyday!!

I'll keep you updated.....
 
P

PRO190

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Simple as this Hud: Who has PRIMARY PLACEMENT
If she has PRIMARY PLACEMENT declared in initial Divorce decree then you have problems:If she does not I would file for a Denovo hearing on your Divorce stipulations..I did and won my case for reassessment of support(and yes my daughter is still very well taken care of)for a qualified rate not a Percentage of your Gross Income..

Good Luck
 

Chadman

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I might be wrong on this, but I don't think the child support situation will put much into what you do for the other child - they are pretty cut and dried on what you are responsible for with the child in question. You can try it, and it can help with the right judge (if it comes to that), but they don't really look at that kind of thing too much, from my experience. It's what you make, what she makes, who is responsible to pay for what, and then it goes to a formula.

And attorney - sounds like - could really nail this down for you, and it would help to have your personal emotions and anger removed from the situation when it comes to the court scenario. You can lose track of things when angry, and lose face with the judge. An attorney costs money, but so does missing something or not presenting all of your case in the right manner - for many more years ahead.

Do you have an attorney for this? I haven't seen that you have, and I think that's the wrong way to go about it. A good family law attorney could help you a lot - for instance, you're in here asking for legal advice, for starters...

Best of luck to you. Don't skimp now when it could cost you in the future. Some of this will be out of your control, and may not add up on your side of things, no matter what you do.
 
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