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RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 42257
Experience:  30 years as a family law lawyer .
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I am assisting my sister with finding pertinent questions to

Customer Question

Good evening, I am assisting my sister with finding pertinent questions to ask during her child support modification hearing. Background:
Her ex husband was ordered to pay just over $350 per month, based on his previous $60,000 per year salary. He has been "self employed" since before the divorce. He requested my sister now pay him child support based on him only making $28k last year. My sister is opposed to the request. Mind you, he has refused to pay child support since April of 2016. He has a bachelors degree and 20+ years experience in design and marketing. He has counsel, she does not. She will be asking him questions in the hearing in her defense of opposing the request. Without getting into family drama, I will simply state that to my sister's knowledge, he has not not applied for a job since the their separation nearly four years ago. He has stated that he doesn't want to work for anyone and wants to only run his own business. He is fully capable of making more than Colorado's minimum wage rate at a Q-Doba Mexican restaurant, who's starting hourly is $10.51 per hour. There is a large market for design and marketing careers in Northern Colorado and the Denver area.
Please advise on pertinent questions she needs to ask while she is in the hearing. Thank you in advance.
Submitted: 1 year ago.
Category: Family Law
Expert:  RayAnswers replied 1 year ago.

Hi and welcome to JA. Ray here to help you tonight.

Does the father here have legal custody of the child here??

Customer: replied 1 year ago.
Expert:  RayAnswers replied 1 year ago.

So here she needs to file discovery.A motion for production of documents, his last years tax return, any bank accounts and balances, any other assets in his possession, etc.

Customer: replied 1 year ago.
Okay. She has all of that ready to go.
Expert:  RayAnswers replied 1 year ago.

It really comes down to what he is making--the valid point of if he is trying for a better job.If he has the child then he would not have to have two jobs.She will have to pay some support here.The minimum is in the $350 range..

Expert:  RayAnswers replied 1 year ago.

I cam do unlimited chat here , not set up for calls yet, will send offer.

Expert:  RayAnswers replied 1 year ago.

If you will accept , I will continue to answer all your questions until we are done.Thanks

Customer: replied 1 year ago.
My question is about the kind of quests he should be asking her ex during the hearing, to show that he is capable of making more than he claimed last year and that he isn't looking for a real job.
Customer: replied 1 year ago.
Is it a flat $60 on top of my $5 deposit?
Expert:  RayAnswers replied 1 year ago.

Yes and again I keep chatting until you are out of questions.Its as close to a call as I can do.

Customer: replied 1 year ago.
Okay, deal.
Expert:  RayAnswers replied 1 year ago.

I just need you to accept the offer on the screen and ask away.

Expert:  RayAnswers replied 1 year ago.

Apparently there was a payment failure you may want to call customer service.

JustAnswer/Customer service

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Customer: replied 1 year ago.
For some reason it's not processing my payment. Will try again.
Expert:  RayAnswers replied 1 year ago.

No problem I will still be around, thanks.