Hearing about child support

Parental Alienation Syndrome, Malicious Mother Syndrome, dealing with the ex, and various other non-legal concerns throughout the process.

Hearing about child support

Postby dss_pansat » Thu May 03, 2012 8:16 pm

Next week I have new hearing about child support, last year and this year my ex lie about income, my ex said she makes only 1/2 of her real income and did not submit the W-2 last year, only the pay stub to the court but looking at her pay stub I can point out she can make as twice as she claim. How can I ask her W-2 before the hearing. How I talk to the judge she is lie about her income? I don't have a lawyer for child support hearing, do I need one? In the hearing can I ask the judge about she did not submit the W-2?
Thanks
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Re: Hearing about child support

Postby defaultuser » Thu May 03, 2012 9:17 pm

Try this for starters, but I doubt you'll get very far.

Your honor, please note the year to date income on her paystub shows that she earns more than this single paycheck shows.


and

Your honor, I object to Ms. (insert your X's name here) not complying with the mandatory disclosure required by the court. I have reason to believe she is hiding income and request full disclosure as required by the law.


You'll probably get ignored because you don't have a lawyer and you're a guy. You have a better chance if you hire a court reporter to accompany you and take a record of the judge ignoring you request for fairness.
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Re: Hearing about child support

Postby Chris A » Thu May 03, 2012 11:59 pm

If you go in alone there is a good chance you will be overpaying for years.
“Women can fake orgasms. But men can fake whole relationships.”
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Re: Hearing about child support

Postby demurrer » Fri May 04, 2012 1:35 am

Subpoena Duces Tecum her employer(s) to produce employment information and/or appear in Court at the hearing as a Witness.

Here's an example exhibit to attatch the the Subpoena:
viewtopic.php?f=8&t=45147

My stbx cleverly lied about her income in March and my then attorney didn't subpoena for her earnings info. Her employer is delivering a stack of info to me (tomorrow).
My nj/stbx cost me around USD 8,000 per fornication session.

My nj/stbx had this in mind (and still does) for me: the manipulated man by Esther Vilar

"Husband pays" quote from my stbx
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Re: Hearing about child support

Postby demurrer » Fri May 04, 2012 1:44 am

You'll probably get ignored because you don't have a lawyer and you're a guy. You have a better chance if you hire a court reporter to accompany you and take a record of the judge ignoring you request for fairness.


Bring a Court reporter. I still cherish the transcripts of my attorney represented Pendente Lite Support hearing where we (defendant) were pummeled by the opposing side (plaintiff/stbx). I even agreed to pay half the cost of the transcripts after losing so badly. The court report saw my then attorney and I in the elevator and said she couldn't believe the < edit > kicking we got.

Filing some briefs and subpoenas on your own is relatively easy. Screw up litigation in a hearing and you'll be sucking wind for years.
My nj/stbx cost me around USD 8,000 per fornication session.

My nj/stbx had this in mind (and still does) for me: the manipulated man by Esther Vilar

"Husband pays" quote from my stbx
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Re: Hearing about child support

Postby dss_pansat » Mon May 07, 2012 10:02 pm

The hearing is Friday, in response documents:
- She claims she had the same monthly income of last year but this year her paycheck shows the rate is increasing more than 2%.
- She does not submit the W-2 form last year, only 1 paychecks of the end of April, 2012 and I divided by number of weeks, her income shows more than 1/2 what she claims.
- Does the judge will apply the rule weekly earning * 4.33 to get the monthly income?
Thanks
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Re: Hearing about child support

Postby hoosier_dad » Tue May 08, 2012 6:28 am

+1 to capslock, if you don't ask for and receive those documents before the hearing then you should ask for a continuance.

I'm curious, you only have one paystub but does it show the current month salary and the salary to date? That could show a drop in earnings if she is intentionally decreasing her income just before a hearing and would be another point supporting a continuance.
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Re: Hearing about child support

Postby demurrer » Tue May 08, 2012 1:14 pm

dss_pansat wrote:The hearing is Friday, in response documents:
- She claims she had the same monthly income of last year but this year her paycheck shows the rate is increasing more than 2%.
- She does not submit the W-2 form last year, only 1 paychecks of the end of April, 2012 and I divided by number of weeks, her income shows more than 1/2 what she claims.
- Does the judge will apply the rule weekly earning * 4.33 to get the monthly income?
Thanks

4.33 sounds right (52 weeks divided by 12).

My experience is that Judges are overly accepting of claims made by the lower income earner.

I can see your hearing now when your stbx is on the witness stand and you (as pro se) ask "Mrs. stbx, how much did you earn last year?". Stbx replies with a pouty face "I don't know". You then ask the stbx to open the evidence binder and read aloud what info is available.

If the info you want isn't there AND you had adequate time to prepare then it would be difficult to see why a Judge would grant a continuance. You didn't get it the first time why would an extension make a difference.

The Judge is there to make a decision and not there to compel either side to produce documents to the other side (unless that was asked for in the motion).

He's going to want to know what steps you've taken to get those documents and a not yet responded to subpoena might get you a continuance with a reminder to your stbx to comply with the subpoena.
My nj/stbx cost me around USD 8,000 per fornication session.

My nj/stbx had this in mind (and still does) for me: the manipulated man by Esther Vilar

"Husband pays" quote from my stbx
demurrer
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Re: Hearing about child support

Postby dss_pansat » Thu May 10, 2012 4:01 pm

Thanks for all relies,
Some friends of me said that the judge will do the calculate her income base on the her paycheck. I also bring to court her last year paycheck (from 1/1/2011 to 03/18/2011), her W-2 of 2009 and 2010 but is it legal? since I did not submit with the modification.
I will tell the judge she works for this company more than 4 1/2 and every year she made twice as she claim. She played the dump by claiming the net income instead of gross income.

Do my documents legal at the court?
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Re: Hearing about child support

Postby dss_pansat » Fri May 18, 2012 6:28 am

The judge said she need couple days to make the decision. I did point out she lied about her income since there was hourly wage increasing between last year and this year, her claim is only 3/5 of her salary (she submitted only one paycheck, no W-2, no income tax return). I got 50/50 parenting time but in Decree I did give up the parenting time while the kids in school but I got all summer time. Her lawyer used this to ask the judge for denied the motion because I got only 40% parenting time when I obeyed the Decree but I also let the judge knows about her refuse my request parenting time in school year. I did not have lawyer at hearing for modification child support.

Now Should I go to Family Court Service for asking mediation and show them all her emails denied my parenting time in school year and ask for the new parenting time plan or talk to my lawyer for motion to change the parenting time plan.?

If my motion is denied, I will hire the lawyer to file the Review the Motion and submitted her W-2 of couple year ago to prove her income.
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