I need to write a motion for the following: Income modification the reason is that the Judge’s Order issued 1-31-13 at the time considered testimony of a building that I previously owned that in 2008 it generated approximately $33,000 worth of rental income. It was sold January of 2010 but the Judge considered it as still being my building and assessed $35, 000 to my personal income. The Judge also found Petitioners C.P.A.’s testimony to be more credible than my C.P.A.
The building has been 50% unoccupied since spring 2011, the rental income is currently $750 a month or $9,000/yr, the taxes alone are at $12,000 which also was not taken into consideration. The Judge also considered my mother
’s income at 35,000 to be more than the position required. She worked as the in house accountant since 1985. She decided to retire as of January 2013 as she felt bad that the Judge was basing my child support
income with her full income added to mine. Very bizarre, I literally could write a book about the Judicial System in Southern Colorado and the political favor that have been paid through questionable Judicial Appointments.
My legal expenses to date have been in excess of $400,000 and child support paid over $300,000 with arrears of $26,000 as the original amount plus interest paid at more than $35,000 yet due to improper calculations and with 12% interest included there is a balance of over $80,000 which is why it is imperative that the calculations be evaluated and redone to reflect the amount that is accurate and true. My BK Attorney that I retained for possible bankruptcy on a consultation bases only has recommended that I square all these issues before I consider filing. The key is that if I am able to resolve the inaccuracies in the arrears accounting I may not have to file bankruptcy which is important to me.
During the last modification which lasted close to two years there was a period where my monthly support fell to $2,000 a month which was approximately $400 below the determined amount by the new modified court order. The judge found me in contempt saying I had the ability to pay and I was sentenced and served 90 days of home detention.
I would like to be able to write a motion requesting Legal Representation as my financial resources do not allow my ability to pay for an attorney. My current child support with arrears is approximately $7,500 a month. My monthly net income is $6,987.50.
I would appreciate thoughts and suggestions on how to write these motions if possible.
Thank you, DrG