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Legalease
Legalease, Lawyer
Category: Legal
Satisfied Customers: 14453
Experience:  15 years exp all aspects of general law
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Hello.. To whom it may reach.. Ive never seemed legal advice..

Resolved Question:

Hello.. To whom it may reach.. I've never seeked legal advice.. But find myself in dire need .. Actually in real desperation.. I've been working with my company here in California for 6 yrs now before tax I'm paid 48,000 yr before tax .. After tax and insurance it comes to 33,600. I work a 55 hr wk.. That can be proven in legal documentation through my employer. Up until 4 yrs ago my daughters father paid $ 300 per month for child support now he pays $ 500 a month. Plz. Tell me what should I expect to take legal action.. Plz mind he is paid under the table and has not filed for taxes in several yrs. I cannot work work more than 55 hrs per wk. it is me who is working the hrs and my company whom I pay insurance for our daughter.. Our daughter is now 16 and i was paid $300 a month for 7 yrs. Plz .. Send adviceSincerelyChristie lina
Submitted: 11 months ago.
Category: Legal
Expert:  Legalease replied 11 months ago.

Hello Christie --

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I am sorry to hear about this situation. Are you seeking information on how to bring your ex back into court in order to get a child support review and increase?

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MARY

Customer: replied 11 months ago.
Ive never brought him to court.. I was hoping for a civil agreement... It's just he is consistently late .. I never get reimbursed for any late payments to bills that I may have due to the dependency of help and me paying late cause I don't receive payment. I'm not on welfare . I pay 1375 for rent .. We live modestly .. I don't have a computer but Internet phone I don't have cable tv nothing for excess.. My daughter is an a & b student .. I can't work ant more hrs.. It can be in legal documentation the hrs and pay I work.. We separated when she was 5 now 16 up until 4 yrs ago.. What am I entitled too? Is it retro- active? What are the obstacles since he is paid under table and hasn't filed taxes in yrs?
Expert:  Legalease replied 11 months ago.

Hello again Christie --

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This is a very difficult situation to be in. You see, you can take the matter into family court where they will want you to go to mediation and come to a written agreement between yourselves -- and then that can be enforced by a paycheck garnishment every week (and they will attach bank accounts and any tax returns if he does not pay the child support). However, because he is working in a cash in hand job where you will have a hard time proving what he really earns -- and the child support is based completely upon what each party presents to the court as their documented earnings -- you may not get more money than you are actually getting now if you took the matter to court. (Many custodial parents in your situation will actually hire a private investigator to dig up some evidence of the non custodial parents working and how much they actually earn every week/month before they bring the non custodial parent into court for an increase in the child support payments). Overall, my suggestion is that you DO sign the matter up in family court because any increase that you receive is NOT retroactive back to when your daughter was younger -- the clock starts ticking only from the date that you file the application for a modification in child support benefits with the courts. You can make this application to the local county family court yourself -- it is not very complicated -- you simply get the forms either from the clerk of courts office at the county court where you are residing with your daughter or you can get the child support modification application forms online at the CA courts website. The forms are not very difficult to complete, but if you need assistance, there is an employee of every court in CA called a Family Court Facilitator -- this employees job is to do nothing but assist people like yourself who are completing the paperwork and bringing in a family law case without an attorney -- they can help you from the start to the finish -- and you can get the name and contact information from the clerk of courts office at your local family court (when you go to either pick up or file your child support paperwork, you just have to ask the clerk WHO is the Family Law Facilitator for this court and how can I contact them? And you will be given all of the correct information). Here is a link to the CA courts family court /. law website where you can open and print the child support forms --

http://www.courts.ca.gov/selfhelp-support.htm THere is also a lot of information at that website regarding how the process works and even the family law facilitator program.

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I hope that helps. I wish I could offer you an immediate solution to your problems. You might want to contact the family law facilitator in your county first before filing any child support paperwork to determine if there is a way to make sure that all of your ex's income is reported on the court forms and how to maximize the situation to get an increase of what is being paid (and to make sure it comes on time).

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MARY

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Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid NOTHING unless you press a positive rating below. Pressing a positive rating will NOT cost more money -- it is just a trigger to this website to pay me for my time in assisting you today. THANK YOU VERY MUCH

Legalease, Lawyer
Category: Legal
Satisfied Customers: 14453
Experience: 15 years exp all aspects of general law
Legalease and 4 other Legal Specialists are ready to help you
Expert:  Legalease replied 11 months ago.

Hello again Christie -

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Can I answer anything else for you at this time? If not can you please press the 3rd, 4th or 5th smile face under this ANSWER box so I will be paid for my time. I am paid NOTHING for assisting you unless you press a positive rating below. Even if you have questions in the future, the question here will not close if you press a positive rating below (you can come in and ask follow up questions at any time) !!

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THANKS !!

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