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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am a working single mum living in california & my ex husband

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I am a working single mum living in california & my ex husband has just filed against me for child support as he has just been given 45% custody and I earn a bit more than him and I get commissions - he has paid $0 to our children in the last 5 years - I pay all the medical costs, childcare etc - three questions 1) How will my commission get treated and 2) Will the court order him to pay 50% of medical, childcare etc 3) He never pays anything so can I ask the court whether I can pay any child support due net of the medical costs etc?

Thank you for your questions. I will do my best to respond to each of the concerns that you posted directly.

1) How will my commission get treated and
The courts could take a running average over the past 3 years (if available) and estimate what your additional earnings would be. The courts may also request to see your tax forts to also figure out your actual income. Then with those assumptions they can modify your support obligation.

2) Will the court order him to pay 50% of medical, childcare etc
No, you will need to request that yourself in your counter petition to his. The courts, until you request it, will not ask him to pay anything.

3) He never pays anything so can I ask the court whether I can pay any child support due net of the medical costs etc?
Those are separate payments, and medical expenses are considered additional assessments against the parents. You can, however, request that those expenses be taken into consideration when support payments are being calculated.

Good luck.

Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 4 years ago.


Dimitry - Are you aware of the specific Californian rules as I have never heard that they calculate commission on the last 3 years earnings - I changed role in my current company 2 years ago so last years W2 and my wages so far this year are considerably less than in in 2010 and before - what is the best way to prove that (other than with the lower commissions) - I can get a letter from my employer. Also would I be best in court or taking this to DCSS as we have an existing order that was arbitrated 5 months ago for add ons and he has defaulted?


 

Karen,

Thank you for your follow-up. There is no specific rule, but they attempt to get a running percentage or tally so as to figure out your average commission rather than a 'good' or a 'bad' period. If 3 years are not available, they generally try to look to as much data as they can, so they can make a good faith estimate. The best way to prove lower wages is with your IRS taxes. The DCSS is a good option to pursue your ex for your arrears, but that is separate from your ongoing claim.

Good luck.