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Maribel33 · Mar 15, 2012, 06:13 AM

My ex is fighting the child support order. When we go to court what should I expect or do so I don't end up with the short end of the stick?

JudyKayTee · Mar 15, 2012, 06:17 AM

What are his grounds for fighting the Order? I'm guessing he wants to pay a lessor amount than has been ordered?

It's a question of financial proof in MOST jurisdictions. I don't know where you are.

He'll argue he can't afford to pay $X. You will argue that he can - if it gets that far. The Court will review the financial documents and make an award.

Some States award support by a percentage of income. There's little to argue in those States. In NY it's 17% of your income (simply stated), no arguing.

Maribel33 · Mar 15, 2012, 02:39 PM

Were in ca..
And yes he wants to pay less. And it's for 2. Children. He makes around 7000 a month. And I make 3000 a month

Fr_Chuck · Mar 15, 2012, 03:15 PM

He may try and show he makes less. Have you gotten records from his work to prove how much he makes. If not if he brings in fake records the court may accept it

cdad · Mar 15, 2012, 04:24 PM

Just make sure all paperwork is in place and contest anything you don't believe. Child support is by formula so there really is no give and take.

Maribel33 · Mar 17, 2012, 05:44 AM

Do I need to keep receipts of the thing I buy my girls for proof when we go to court.. Will that help me in any way

JudyKayTee · Mar 17, 2012, 06:05 AM

As Califdad said, it's a formula, a percentage. No, receipts will not help. Proving he makes more than he claims WILL help.

Fr_Chuck · Mar 17, 2012, 06:51 AM

You need to prove his income, you should be requiring his employer to verify wages to the court. If you do not have an attorney and he does, you can expect often to get the short end of it.

ScottGem · Mar 17, 2012, 01:30 PM

Originally Posted by Maribel33

Do I need to keep receipts of the thing I buy my girls for proof when we go to court.. Will that help me in any way

As noted, what you pay to raise your children has no bearing. In CA it is based on income. You may need to show proof of your income and he WILL need to show proof of his. You need to have proof of his $7K if he claims less. If he doesn't produce current paystubs, then ask the judge to dismiss the petition.

Maribel33 · Mar 28, 2012, 05:18 PM

I have a question my brother is in rehab and he's going to be un there for six months. I don't know if he did anything about his child support but his ex wife keeps asking if he's going ro pay. What can he do to stop the support while he's in rehab and she can stop bugging us...

ScottGem · Mar 28, 2012, 05:24 PM

Go to court to reduce the support.

JudyKayTee · Mar 28, 2012, 05:38 PM

Originally Posted by Maribel33

I have a question my brother is in rehab and he's going to be un there for six months. I dont know if he did anything about his child support but his ex wife keeps asking if he's going ro pay. What can he do to stop the support while he's in rehab and she can stop bugging us ...

It's not your problem - tell her to quit calling you. And, yes, he needs to file to reduce the support. Until the Court reduces the amount he owes the full amount (whether or not he can pay).

Maribel33 · Apr 4, 2012, 06:15 PM

I have a court date for my child support hearing and my ex I think is taking a lawyer.. How will this affect me if I don't have a lawyer. Were in ca should I get one also?

Maribel33 · Apr 4, 2012, 07:13 PM

I have my court date for child support next month and I just found out he has a lawyer. Do I need one and I goig ro get screwed over. Please help

ScottGem · Apr 4, 2012, 07:23 PM

If he has a lawyer you will be better off if you have one. Going up against an attorney without counsel, puts you down 2 strikes.