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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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boyfriend has two child support cases -- both he was in california

Customer Question

boyfriend has two child support cases -- both he was in california at the time of divorce. Both wives took the kids out of california -- according to boyfriend (BF) that was not part of the divorce agreement. He feels his father hood was taken from him. He was paying, but stopped because he didn't get to see his kids. I know, bad move. One wife moved to Indiana, collected welfare. A few years ago BF was arrested in CA, they flew him back to Indiana, processed him. He pled guilty to everything just to get out of jail - he was very frightened. Now is on probation in CA and pays Indiana. Other wife, the Los Angeles District Attny nabs 20% of all his reportable income. His wife agreed to sign release form, but he must fly back to get her to sign . . . if she signs. We want to get all this cleared up, does he have a chance to argue his case in court . . . that the wives took his kids against court orders? Any suggestions on where I can start with this? What a mess!
Submitted: 3 years ago.
Category: Family Law
Expert:  Brandon M. replied 3 years ago.
I understand the circumstances, however I do not want to make any assumptions about the question that is being asked. You asked "does he have a chance to argue his case in court... That's the wives took his kids against court orders?" what and what does he hope to achieve by arguing that the wife's took their kids against court orders? What exactly is he arguing for?
Customer: replied 3 years ago.
He feels that since the wives took his children, they took the opportunity for he to have a relationship with the children. The kids were very young when their mothers took them -- under 5. They were supposed to keep the kids here, so they would know their father -- you can't do that across the country -- you can't pick up the kids to go to a movie, get an ice cream cone, etc. He had court ordered visition rights, weekends, holidays --- when they left the state, he didn't press it and he knows that's where his mistake was. He's not a fighter. He doesn't want to pay any more child support, or get it settled to a lesser amount, get all or some of the charges removed if possible so he can go on to a better life. Thank you for your time.
Expert:  Brandon M. replied 3 years ago.
So the ultimate question here is whether he might be eligible for a reduction in child support, correct?
Customer: replied 3 years ago.

yes

 

Customer: replied 3 years ago.

yes

 

well, and if it's possible to get any of that recent jail activity off his record.

 

 

Expert:  Brandon M. replied 3 years ago.
1. How old are the kids now?
2. what was he earning when the child support order went into effect?
3. what is he earning now?
4. what were the other parents earning when the child support order went into effect?
Customer: replied 3 years ago.

1. Kids are 30 - 31 - 32 - 34

 

2. Earnings 1st divorce ~ 400 per wk 21k take home annually

Earnings 2nd divorce ~ 465 per wk 24.5 take home annually

 

3. What is he earning now . . . zero. Got fired (illegally) 2.5 years ago. Was only elegible for a few weeks of unemployment.

 

4. What were others earning at the time?

1st divorce -- ~400 per wk same as the husband

2nd divorce -- zero earnings.

 

He can't remember exactly back that far . . . should I get a copy of the divorce papers? How do I do that? District Attny in Los Angeles and Indiana?.

Expert:  Brandon M. replied 3 years ago.
thank you for providing that information. Is he actually being charged for child support at this point, or is he merely being charged for child support arrears?
Customer: replied 3 years ago.
one is for arrears (20% of any taxable income), the other -- Indiana - is making him pay about 50.00 a month and he's on probabation plus he pays $250.00 per month.
Expert:  Brandon M. replied 3 years ago.
So a portion of the Indiana support order is not for arrears?
Customer: replied 3 years ago.

The 50.00 is for him to stay on probation. The 250.00 goes to the State of Indiana Central Collection Unit. Part of that payment (I don't know how much) is to repay the State of Indiana for the welfare the mom collected after moving to Indiana with the kids.

Expert:  Brandon M. replied 3 years ago.
We are not communicating very well here; it is no one's fault--that is just how it is sometimes.

There is a difference between payments for child support and payments for child support arrears. Your boyfriend is paying $50/mo. to Indiana for his probation, and that makes sense. 20% of his income is being deducted for child support arrears in California, and that makes sense too.

$250 per month is being paid to Indiana Central Collections Unit, and that makes sense too.

What I need to know is, of the $250 per month that is being paid to Indiana, what portion of that in for child support, and what portion is for child support arrears?
Customer: replied 3 years ago.
I'm sorry . . . all $250 is arrears.
Customer: replied 3 years ago.

Hi -- just checking --- is there something wrong? Is there something else you need? Thanks

Customer: replied 3 years ago.
Relist: No answer yet.
The previous attorney never did answer.

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