I am a parent who has just filed for a modification for child support
in Ventura County Superior Court, Ca.
My question is: I used an attorney for a modification of child support back in 2014. The back and forth with the requests to produce documents and so forth ended up costing me $30,000 in legal fees and my childrens college fund. This modification of child support was calculated using a 2013 tax return for both my self and my ex husband. Although we had information by the end of 2014 in December prior to filing the new modification to show a significant income increase for my ex husband the court would only use the completed tax return for 2013.
After many months of requests, I was able to obtain my ex husbands 2014 tax return, which as I indicated did show an increase of $65,000 a year over his 2013 tax return which was used for the child support modification at the end of 2014. My ex husband is self employed and only files his tax return year after year on extention, which means his completed returns are only availiable in October of each year.
I am requesting a modification of support now with the Ventura County Superior Court to be heard on December 15th. My ex husband has gone back to his attorney to file an extention to February 17th of 2016 "so he can get current and more accurate income to date" the attorney is also telling the court that I have unreported income, which I don't have, and he mentioned he needs to subpoena my records.
My question is how likely is the court to grant the extension, the court has previously refused to look at anything other than completed tax returns which I have for 2014 from my ex husband as well as mine to calculate child support. I cant see how any judge would look at only K'1 information for 2015 to determine support, am I correct on that point?. My ex husbands attorney states he would like this information prior to determining support. My tax returns won't be ready until April 15th of next year to reflect my minimum income. Is this just a ploy to delay many months. I don't know what my ex husbands income is for 2015, so it is a risk for me to agree to wait into the new year to see what the income is. It could be down significantly for all I know. What is my best strategy to get the judge to use the 2014 tax information to calculation child support? I know the outcome with this information, which would be a gain of $800.00 per month for my children.
If you need clarification on any point, please let me know. I'm sorry for any typos too.
Thank you. Laurie