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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37032
Experience:  I provide family and divorce law advice to my clients in my firm.
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I filled a modification of child support of a order set in

Customer Question

I filled a modification of child support of a order set in the amount of $232.00 per month in December 2012. The inital claculated guidline amount was $885.00 of which I declined and agreed on a lesser more reasonable amount of $500.00 per month due to the substanial difference. At that time he was in the process of relocating with his employer to a different town but within the same state (California). He was conviently "laid off" within one month of this order being implemented and had made statements around my children saying "its not even worth it to work out of town if all its for is to pay her". Now I have recieved a modification of support order because he is only recieving unemployment benefits in which his wife completed and filled out which is full of lies especially regarding how much time he spends with my daughter, travel expense claimed (when he's only actually brought her home 3, yes 3 times in aprox 3 years, yes 3 years!), and deductions for sports activites which is completely rediculous as well which I have cleared checks from my credit union to prove!
So my question is.... How do I prove these false accusations without it being considered "hear say" and actually accepted in the courts? I'm a full time nursing student and don't have the money to hire an attorney at this time, but I just can't allow them to get away with such blatant lies!
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The best way is to bring your paper trail to court. If he made statements around the children then that is generally hearsay but family court judges tend to be fairly lax and can possibly allow their comments in on grounds that they are probative (useful). I have personally seen judges literally state "I realize this is hearsay and it is impossible to prove, but it sounds interesting so I will allow it in." Only family court and possibly small claims judges tend to be this easy going although you cannot count on it. Beyond that bring your own copies from your credit union and other accounts from where you make payments showing exactly how you are paying and what he therefore pays in return. Finally, point out the opportune timing of the layoff--judges HATE parties who try to avoid their obligations in this manner, and can still potentially award support on the 'expected' income rather than the actual income that he shows.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 37032
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you! That was my only hope and intention was to fight with documentation. As far as actual time spent with him verses time with me I have no idea how to prove he or should I say she falsified the information tremendously! If you have any advice on that aspect I sure would appreciate it. Either way, once a dead beat dad.... Always a dead best dad I guess! Thanks again, I really appreciate the reassurance.

Danielle
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Danielle. You are most welcome!

Just one addendum, please. While I can provide you with information I cannot directly advise you as I am not your attorney. So I cannot provide you with 'advice', merely information.

In terms of spending time with the children, going forward keep a journal. It is fairly easy to maintain and could be also evaluated as a 'business record'. While that may not help you today, it can help you going forward.

Good luck!

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