Family Law Questions? Ask a Family Lawyer Online.
The hearing went well I had typed you a long 411 with a couple questions on your responses re: my RFO and their was a system glitch and it did not send. I will ask those questions another time.
Monday's hearing was favorable but the DCSS judge would not hear my RFO set-aside because he thought it should go back to the judge who originated the order. Still the outcome was good. I do not have to pay the 1100 of backdated support to 5/1/13 as I was able to have the judge address the bonus issue. After several times being questioned about his bonuses, ex confessed to 9,000 in bonuses. Which offset anything I owed + he was ordered to pay a surplus of $230 to me directly (not through DCSS) by 7/6/13.
Post hearing (today) I realized my ex did not report additional income outside of his primary job to DCSS. He is showing a "business loss" deduction of 11,00 on his 2012 taxes. He told me it was 2,000 worth of income from computer consulting. How can I call him out on this? I still want a schedule of his taxes direct from the IRS. Isn't this more fraud? How can I compel his true tax info? Can this be another point for my set-aside? I know you said it would be harder if a new motion was set before my set-aside was heard, but the judge said only that it was an exception based on fraud - he did not discourage me from re-filing it.
My ex is a piece of work, eh?
Hi Happy 4th! I hope you're feeling better. I read your message from my phone at work the other day and I couldn't see where I had an unrated open session (I don't have a smart phone). I will check it out and open a new session if that helps. Thank you.
I just rated the other session. Excellent, as always. Thank you.
Ok, I want his taxes and I know a way to get them (not exactly ethical), but instead I'm going to let it go, as you suggest. The reported income probably isn't worth the bother.
I will file the set-aside. It's practically completed so I'm going to do that Tomorrow. Do you know if the courthouse will be open on July 5th? It's technically not a holiday. I can't thank you enough or begin to tell you what your help has meant to me.
For the set-aside, should I just outline the information as you suggested and add another point about his undisclosed business income? I can refer to the taxes he provided me, correct?
FYI, I also filed the Peremptory Challenge on Monday. I used a very simple court form I found for the County of Los Angeles and I Photoshop changed it to Sacramento County & changed the civil code listed from 170.6 to 170.3. I figured I would try it and if they didn't accept it then I would do the long form you suggested and the sample you sent me through the law library etc. I honestly didn't expect to make it past the clerk, who sent me to the Judge's Dept, who in turn told me to use the drop box and it would be better reviewed this way. I left it in the drop box. If it is not accepted then I'll do long form. We will see what happens. I assume if they weren't going to accept the form wouldn't they have told me right away? Not a sure thing, so we will see.
I will file the set-aside. It's practically completed so I'm going to do that Tomorrow. Do you know if the courthouse will be open on July 5th?
A: Courts have some discretion as to their closures, given the budget constraints. Check the court website, or call the court.
You're right, I did know as soon as I read your response and I am smiling because of course, his business income was missed during the calculation of support.
I was wondering why you were working on the 4th. A view of the harbor? Where is that? Far, from me in the Northern California valley, I assume. Feel better soon. One, because it is horrible to be sick and two, because I have an appeal of my last custody order to file and you are my go-to guy. You are appreciated and needed.
Happy 4th to you, too.
One last question (I promise) and then I"m off to buy fireworks for my kids and enjoy my 4th.
Since the DCSS judge thought I should file the set-aside in family court I will. My question is how to word/ include in my request that any back-dated support be collected through DCSS? They will enforce arrears be taken at up to 25% of his salary. Wage garnishment in already in place.