Child Support Guidelines

Currency, Law, Divorce.Like most law firms, we want nothing more than to provide clients and potential clients with sound and helpful advice and information. However, when given only pieces of the puzzle regarding someone’s current situation, it is very difficult to provide an answer or reach a conclusion that is 100% accurate. Still, when armed with decades of experience, a bit of prior knowledge, and even some bits of the puzzle, we can at least get those seeking help started in the right direction. Here’s an example.

A potential client approached us with questions about estimating child support, and how much she would be likely to receive once her divorce was finalized. Her husband is already paying $600 a month for child support to his ex-wife and one child in Texas. She, on the other hand, lives in California and shares two kids with her husband. She wonders if she will get “anything close” to the $600 a month her husband’s ex-wife receives. We also know that she works part time and her husband works full time.

Again, answering this question completely with only generalities is next to impossible, but when life gives you lemons at least slice them up until you’re ready to make lemonade. So here is our stab at this woman’s case: six hundred is a pretty low number, and sounds like an order that’s been around for a while and never modified to reflect her husband’s current earnings. We also would guess that child support in Texas is less than in CA. Particularly since she only works part time and he works full time, it would be surprising if she didn’t get more than $600. But it depends on his gross income, her gross income, and the comparative time the kids are in her custody or in his. That’s the best we can do with the given information, but it should at least give her some foundation to build from.

For more information regarding child support, please visit our website: http://stanprowse.com/child-support

Civil Judgement: How to Collect

Past Due billA man was awarded $11,500 by the court in attorney fees after being sued by his ex-wife. As of now, she refuses to pay any of the fees. What’s more, she has also quit her job. This man seeks advice on how he can collect the payments he was awarded. That wasn’t all, however. He brought up the topic of child support. Due to her recent quittance, the amount of money he pays in child support increased. He wonders if there is some sort of paperwork he can file to discontinue his payment of child support until she repays the judgement.

The first thing we made sure he understood: his obligation to pay child support is entirely independent of his ex’s obligation to pay the judgement. He can file a motion to reduce the child support because time share has changed, or his income has gone down, or income should be imputed to her because she has the ability and opportunity to work, but not because she refuses to pay the judgment. Now, the question of enforcing a judgement all together. Collecting a judgment from someone who isn’t working and has no money in the bank is difficult. If she’s collecting public assistance, he can’t get his hands on it. Perhaps she has a car with equity in it, or expensive jewelry. He can send the Sheriff to ‘execute the judgment,’ or ‘levy,’ by seizing things like that, but they may turn out to be exempt if she argues about it. Threatening her with that might get her to start paying the fees, but it sounds as if she’s a tough cookie. This man needs to consult a lawyer and tell the lawyer everything he knows about her assets.

For more information on how to collect payment from a judgement and more, please visit our website: http://stanprowse.com/enforcing-a-judgement

Spousal Support: A Case of Waived Rights

Couple problem

Is a piece of paper sufficient protection? Are words signed in ink adequate defense against an ex-spouse going against his or her word?

Let’s take a look. A woman recently approached us with the following question: can a spousal support ruling be reversed despite the fact that both parties signed the waiver? In her specific case, she and her ex-husband signed that they “voluntarily, knowingly and intelligently” waived their rights to spousal support. It was specifically stated that neither party could change his or her mind, even if circumstances changed.  But then, the issue of child support arose.  This woman’s ex-husband threatened to return to court for spousal support if she seeks out child support for their children. Is this threat a water gun spray painted black, or can he actually reverse their agreement?

When this couple mutually agreed to forever waive their rights to spousal support as part of their divorce agreement,  the court’s ability to order spousal support was terminated. This woman need not fear; the court would not be able to grant her ex-husband’s request if he files a Request for Order.

For more information on spousal support and possible modifications to spousal support, please visit our website: http://stanprowse.com/modifying-child-support

Divorce Agreement: Subject to change

Currency, Law, Divorce.How has your life changed in the past three years? Perhaps you graduated from college, and are now part of the adult work force. Maybe you’ve had a second child, and you realize you haven’t had a full night’s rest since 2012. You could possibly be like me, and have recently taken on a new position that adds to your work load. In my case, becoming the President of the Carlsbad High-Noon Rotary is surely time consuming considering I also run the office full-time, but the rewards of my efforts to improve our community are certainly worth the time spent. But of course, our lives can also change in ways we never anticipated. For example, a potential client recently approached us with an inquiry regarding changing the divorce agreement from his dissolution of marriage three years prior. He claims the conditions of the divorce agreement have changed. Initially, he waived the right to child support. However, his son now lives with him full time. His question is how best can he go about changing the divorce agreement so he can have the child support necessary for his son’s well being.

The answer to this question is very dependent on whether the waiver of child support included language saying he could never go back and ask for it. It would read something like “The court shall have no jurisdiction to award spousal support to me in the future.” If the agreement is void of a statement like this, he can file a request for order asking for whatever child support he’s entitled to. Before that however, he should look at the official San Diego County Superior Court website for self-help information. After that, he should meet with a family law attorney for advice on what’s the best move.

As I’ve said, a lot can change in a three years. Change is inevitable, so the best thing we can do is arm ourselves with the correct tools to roll with the punches.

For additional information on child support and more, please visit our website: http://stanprowse.com/child-support

Divorce and Remarriage: Just when you thought it was over

Mann sitzt verzweifelt über Papierflut am Arbeitsplatz

You’re recently remarried after divorcing your first husband or wife three years ago. You’re happy and excited to be starting fresh. You decide to buy a new house with your new spouse, and the lender asks for a copy of your divorce decree, but you can’t find it in your documents at home. No big deal, you’ll just go to the court house and get a copy. Shockingly, when you arrive, you’re told that there is no divorce decree on file. Surprise! Your divorce was never finalized, and according to the court, your case is still active. Imagine going home to the person you just married, and having to tell him/her that on paper, they’re not the only wife or husband you are legally married to. Talk about cutting the honeymoon period short!

That’s the exact situation a potential client was in when he went to buy a house and along the way discovered his dissolution of marriage was never finalized. He was the respondent, and currently pays child support every month as ordered by the judge. His question was whether or not his lawyer had the responsibility to “see the case all the way through”, especially considering the fact that he was given the impression that everything was taken care of. And, if so, what recourse could he take considering the economic and emotional stress this newfound discovery places upon his and his new wife’s head.

Now, despite the considerable carelessness of this man in his divorce and remarriage, a lawyer has a fiduciary duty to his/her client. That being said, he should contact his lawyer and demand the situation be remedied. A threat to report the incident to the State Bar should grab their attention. Of course, the nature of the last communication between this man and his lawyer could be of importance. It’s possible there is a letter in file asking for him to contact his attorney and he failed to do so, or something along those lines. No matter the circumstance, the first step is to meet with his lawyer and find out how this colossal mistake occurred. Going from there with the legalities, from now on he should remember to dot his i’s, cross his t’s, and double knot his shoelaces.

For more information on divorce, please visit our website: http://stanprowse.com/divorce

 

Military Divorces: camouflage and complexities

military divorceMilitary divorces are different than civilian cases, and often times more complicated. That’s why the confusion was understandable when a potential client approached us with questions regarding how she should go about divorcing her husband who is an active-duty service man.

In this specific woman’s case, her biggest question was where. Though the couple has a home of record in Texas, the family is currently stationed in San Diego, California; she didn’t know which state would be best to file in.

We advised her to file here in San Diego so as to gain court ordered spousal support and child support immediately. However, once filed here, and assuming the children have been here for over six months, the San Diego court will have continuing jurisdiction over the children. This means if she wished to move back to Texas (or to any state for that matter), she should do so immediately, hoping that her husband doesn’t file in California before the children have lived in Texas for over 6 months. If he did, the woman could be forced to return the children to their father. With this in mind, if she so wishes to move back to Texas, she should tell her husband where she will be reached, how she can be reached, and allow for him to visit their children- in writing. That way, there is zero room for accusation of parental kidnapping.

Divorce is hard. It can be even harder for a family in the military. For more information on military divorce, visit our website: http://stanprowse.com/military-divorces-are-different

Child Support: erroneous bank statements for avoidance

Recently, we were approached with inquires regarding a difficult, normally expensive, and often impossible situation to deal with. A womPropertyDivision-17972913an wanted to know what could be done for her daughter, whose ex-husband was lying about his income in order to avoid paying child support. What’s more, the ex-husband’s employer agreed to verify his false wages. The family knows for certain, however, that he is receiving cash “under the table”.

In this case, the daughter’s best plan of action would be to subpoena all of her ex-husband’s bank records. Of course, this means she would have to know where he banks, and with his current track record he may well lie. Plus, it’s possible he was smart enough to know to not deposit the cash in the first place. On the other side, she could subpoena all his payroll records from his employer, but the money most likely won’t show up their either. The kinks in the armor lay with the guy who’s paying the ex-husband under the table and his bookkeeper. The only way to get to them, is again, through subpoena.

For information on child support, child custody, and more, please visit our website: http://stanprowse.com/child-support