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False Information Given for Child Support

False Information Given for Child Support

What if it is proven that my ex wife has lied about her income and child care expenses? The documents she turned in to the atty prove that she makes more than the amount the child support was figured on and she has no proof that she pays child care.

Assuming that you are referring to a child support hearing which is a civil and not a criminal matter, nothing will happen to her except that the accurate income and child care expenses will be used in the calculation of child support.

The Effect of Income on Child Support

The Effect of Income on Child Support

My husband has been divorced since October, 2000. There is one child involved, currently aged 12. The Court ordered my husband, to pay $430 in Child Support to the mother. The court ordered him to begin paying on March 01, 2000. CSE records show that he began paying in January of 2001. At the time, he was making about $43,000 and his ex-wife was paying for work-related child care. Her income was about the same. In August of 2001, he was laid off. He was unable to find work in IT and took a job installing security systems. He was a self-employed contractor making less than half what he was making when the original order was made. About 2 years later, he changed careers and became a Real Estate agent as this choice appeared to have a greater potential for higher income. It worked out as we had hoped, either. In 2004, we approached the mother requesting a decrease in the monthly support to $175. She agreed. We filed the appropriate papers. Unfortunately, the real estate market has still not become what we had hoped. My husband’s income, after expenses but before taxes as a self-employed Realtor, has not increased beyond about $25,000. He has been also applying, without success, for jobs in the IT field. We believe that the support obligation should reflect the current situation, per the State Child Support Worksheets. The mother disagrees. The mother is now accusing him of being intentionally under-employed and refusing to pay her what she deserves. Her current employment is as an Elementary School Principle in Jefferson County, which, based upon the information in the JeffCo web site, the low gross income is at least $71,000. The CO State worksheets indicate that the $175 we are currently paying, based upon her current income and lack of work-related child care, is roughly equivalent to my having a $50,000 per year income. Does she have a case?

Your question makes no sense. Your income has absolutely nothing to do with the child support calculation. Your husband’s ex-wife can argue that he is underemployed or unemployed, and it would be up to the judge to decide that factual issue. If the court determines that he is either voluntarily under or un employed, the court can and will impute income to him at a rate the court believes he is capable of making.

Rights of Legally Separated Spouse

Rights of Legally Separated Spouse

MY QUESTION IS MY BROTHER HAD GOTTEN MARRIED IN 2001 THEN RIGHT BEFORE THE YEAR THEY GOT LEGALLY SEPARATED I CANT FIND ANY DOCUMENT ON THAT BUT THEY DO NOT WANT TO GET DIVORCED. MY BROTHER HAS A GIRL FRIEND AND NOW HIS REAL WIFE WANT TO VISIT HIM IN JAIL BUT HIS GIRL SAID NO DO HIS ORIGINAL WIFE STILL HAVE RIGHTS?

Assuming your brother is still legally married, yes, his wife still has rights. Her right to visit him in prison however, is contingent on the visitation rules of the prison. Normally, a person’s right to visit a prisoner has nothing to do with whether or not they are married, are an ex-wife, current girl friend or someone answering a personal ad.

Child Support Arrangements and Retroactive Collection

Child Support Arrangements and Retroactive Collection

I was the custodial parent of my 2 children for 5 1/2 years. During that time my e-wife paid no child support. I our divorce papers she was ordered to pay approx $210.00 a month, I agreed to not start child support at that time because she was going to provide work-related daycare. Sometimes she did provide the care and most times she did not, although my children were old enough to stay home alone. My children are now living with their mother full time, and spending about 30 to 40% of time with me. She has had the kids for approx. 6mo. and now wants child support, even though she never paid. Do I have any right to collect some of the past support she did not pay to offset the anticipated support I must pay. She also chooses not to work, and has gone on to have 3 more children, she is married and her husbands pay covers all of their bills. Thank you for your time and consideration of this issue.

Yes, if you have a court order for child support which has gone unpaid, you could file a motion for judgment against your ex-wife and collect back child support with interest at the rate of 12% per month.

Domestic Violence Charge

Domestic Violence Charge

I have been charged with domestic violence by the courts, however, I never slept with the person who this against. I feel like this has been miscategorized. Is there any way of reversing a charge like this?

Has a conviction already been entered? If not, and you were not involved in an intimate relationship with the person, it should not have been charged as a domestic violence crime. However, an intimate relationship doesn’t require that you sleep with the person.