How can I modify court order for spousal and child support retroactively? Possible approach I am thinking about: bifurcate SS, CS and assets division and set jury trial for these issues.
Would it work? Is there the other solution?
Two winnable motions filed to court and both lost. What can I do about it? Divorce proceedings last about 1 year and 8 month since first court filing. Last month I’ve filed 2 motions about child and spousal support.
First motion was about retroactive calculation Child and Spousal support I overpaid last year. I found that spouse had 2nd employment and this motion was filed to include her hidden income. Also my average monthly income as of the end of last year was overestimated. As a result this calculation shows that I overpaid support last year ~ $11K total per year. Second motion was to request child and spousal support because I was laid off from my job last year and unemployment compensation expired in June this year. After I’ve lost job and got unemployment I was paying child support $65 to spouse who was employed and had earnings ~ 3.2K/month. Then in June this year she became full time employed and as a contrary I lost unemployment compensation. Considering all the above, judge decided that 1st motion denied just because there is no time to consider all support retroactively.
2nd motion was decided in favor of spouse, where they calculated my “imputed income” and as a result now I have to pay child support over $500 and report about job search to judge. Does it make sense? My imputed income was calculated from the amount of bank transfers from my brokerage account to my checking account to cove life expenses and lawyer fees. Does it make sense to calculate imputed income like this? Judge motivation for such decisions are based on fact that I have assets which I can use now to cover life expenses, and also she wants to see me getting job. Still I can not believe that having such motivation I (unemployed) have to pay full time employee child support I think judgments for these 2 motions are wrong. Please advise what can I do about these 2 motions. Can I ask for second judge opinion in this case? Trial date is coming soon, and I feel that judge would decide assets division favorable for spouse as well.
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