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Some of the lawyers on JA already know that I am going

through a very contentious divorce...
Some of the lawyers on JA already know that I am going through a very contentious divorce and my ex is doing everything in his power to make my life miserable. Late last year he tried to ask for $1250 in child support, in spite of the fact that I have 100% legal and physical custody of my teenage daughter and he has never paid a penny of child support. My lawyer and forensic CPA thought that it was preposterous for him to ask for child support when he has no custody and never paid it. As part of a settlement made on 1/11/2018, I agreed to drop this child support issue. However, my lawyer and DCSS say that I am entitled to child support based on California law and should pursue it. Below is my ex's attorney's response and I would like some feedback. I had proposed $1000/month retroactive to DOS and am willing to compromise at $750/month retroactive to Close of Escrow on our former house, which sold in spring of last year. Your thoughts???
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Answered in 3 minutes by:
3/10/2018
Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,310
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Verified

Thank you for your reply.

Child support is mandatory under the statute and can only be waived by the court if the court is convinced the child can be cared for without the support (the custodial parent has sufficient assets substantially more than the non-custodial parent) and the court must document that in their order waiving support.

So you need to go back and you need to claim child support if you need it for the child and the state statutes say how much you are entitled to based on his income.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
Did you read the attachment? Please advise.

Thank you for your reply.

I did read them, but it does not address you waiving support. The CA statutes are very explicit about how much is due in support using the CA Dissomaster formula and CA statute.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 1 month ago
Your thoughts on the following before I submit::Mr. House:The CA statutes are very explicit about how much is due in support using the CA Dissomaster formula and CA statute.This is my final offer and I need to hear back from you by noon this Monday, March 12, 2018.I am making a final attempt to personally resolve this case together with Mr. Janssen with not having any further hearings on child support, including DCSS. However, this is predicated on Mr. Janssen agreeing to provide me with $750/month child support retroactive to Close of Escrow on our former house in Saratoga for his daughter, Alexandra Janssen, in exchange for me dropping all further hearings on child support.
Please advise.
Regards,
Genia Janssen
Customer reply replied 1 month ago
If I need to change any wording, please let me know.

Thank you for your reply.

The response is fine. You need to check what support should be due to make sure your offer is reasonable and even tell them what the statutes say he would have to pay to show your offer is reasonable. Here is an online child support calculator for you to use: https://www.cse.ca.gov/ChildSupport/cse/guidelineCalculator

Law Educator, Esq.
Category: Family Law
Satisfied Customers: 123,310
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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Customer reply replied 1 month ago
Per my past attorney's advice, I filed for a continuance last Monday but the paralegal has not heard back from the judge and the hearing is today. In actuality, the judge, per SJC DCSS, cannot do anything as this case is no longer in her hands. I wrote to her a couple of weeks ago to transferthe case to SCC DCSS but I heard nothing back. It is a 1.5 hour drive to San Jose and it makes no sense to go there, now that the judge cannot do anything and I have to utilize SJC DCSS. How do I get out of the hearing if I have not heard about the continuance? Can I take the hearing off-calendar then and how do I do that? I am also suffering from a corneal abrasion and have only one good eye. Please advise.
I filed with California DCSS on February 1. I went through a divorce in Santa Clara County and thought that my DCSS case would be assigned to SCC there. However, since I moved to Tracy last year, my case was assigned to San Joaquin CountyDCSS instead. My ex claims that he has no income per se because he refuses to find a job, but he has around $400,000 in savings due to the sale of our house last spring, has probably invested the money and is earning interest on top of this. I am also pretty sure that he makes money under the table. Given that he has assets, can those be used to determine child support? I am also paying the deadbeat $1800 in spousal support until late June as part of a settlement to avoid more court hearings. Somehow, by mistake, the judge in my divorce hearings got involved and my attorney had me write her to transfer the case from her court to SCC DCSS instead but now SCC DCSS is refusing to get involved and wants this handled by SJC DCSS. My ex and his lawyer vehemently object and are threatening to go after me for attorney fees. Can they? What happens from now on?
Also, I bought my daughter a car and expected my ex to pay for half but he refuses. I feel that he also should be paying one-half of my daughter's heath insurance but refuses. My daughter also saw some alternative medicine specialists and he also refuses to pay his share. My ex moved in with his girlfriend, who owns a townhouse, so he pays no rent and she basically supports him. Your thoughts?

Thank you for your reply.

You need to notify the clerk if you had not heard back from the judge. If the clerk of court cannot give you an answer, you need to speak to the judge's clerk directly and let them know that you have a corneal abrasion and cannot drive. Ask them to continue the matter or at least allow a phone appearance by you in the matter, which is up to the judge's clerk to arrange.

If he makes money under the table, you have to prove what he makes, that is up to you to provide proof of.

You need to get in touch with SJ DCSS and get them involved again. At least having SJ DCSS involved will keep the case moving and if they want to move it to SC DCSS, then let SJ DCSS arrange that on their own.

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Customer reply replied 1 month ago
Per my past attorney's advice, I filed for a continuance yesterday with the clerk and did not show up at court. My ex's attorney wants to file charges for reimbursement of attorney fees. Can they do that if DCSS is involved? Also, are you saying that I should contact SJ DCSS immediately to get the ball rolling? What happens in SC with the judge now?
Customer reply replied 1 month ago
SC DCSS refuses to take the case because I no longer live in that county.

Thank you for your reply.

I would get SJ DCSS to get started on this yes.

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Customer reply replied 1 month ago
Finally, I bought my 16-year-old daughter a car last month and my ex refuses to pay a dime, even though I expected him to pay 50%. Should I take him to small claims court for this or should I let SJ DCSS know about this? Please advise.

Thank you for your rpely.

You need to raise this with DCSS, since it is an extraordinary expense and unless your child support order orders him to pay for it, he is not liable for paying for her to have a car.

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Customer reply replied 1 month ago
Thanks, ***** ***** know. What happens with the SC judges involvement in this case then?
Customer reply replied 1 month ago
Sorry, "judge's"

Thank you for your reply.

Once the case was transferred, now it is up to SJ DCSS to straighten the matter out as to which court has jurisdiction. If SCC is refusing jurisdiction in DCSS, then it is likely going to kick back to SJ court.

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Customer reply replied 1 month ago
One thing you did not address... can my ex and his lawyer still go after me for sanctions and attorney fees?

Thank you for your reply.

Yes, if they prove your claims are without merit, they can indeed go after you for attorney's fees.

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Customer reply replied 1 month ago
In your opinion, how can my claims be without merit if I have full custody and I am entitled to child support per CA DCSS?

Thank you for your reply.

I do not think they are without merit, if you have full custody, you are entitled to support according to the law, so I do not see the child support claims without merit.

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Customer reply replied 1 month ago
I will write you a review and leave a bonus, as no other lawyers are responding to my questions.
I have a hearing scheduled for 4/11 in Dept. 70 in SCC. However, SJC DSCC has just told me that my case has been moved back to their venue by SCC DCSS. How then can I have a hearing in San Jose when SJC now has jurisdiction? On March 9 I got a call from SCC DCSS, saying that there would be no lawyer of theirs present at my hearing on 3/14 in front of the judge who handled my divorce and advised me to file a continuance. On March 12 SCC DCSS transferred the case back to SJC DCSS, where it is now. I no longer have an attorney because my former one told me to work directly with DCSS to save money on his fees and I agreed. My next SCC hearing is on 4/11 and I would like to take it off-calendar, get a new lawyer in SJC and move all further hearings to SJC. Is it possible to do that and how easy is it? I have tried to settle with my ex, to no avail. Any advice?
Customer reply replied 1 month ago
I have not heard back from you, Bot***** *****ne, can I take the 4/11 SCC hearing off-calendar myself without consequences and then tell my ex's lawyer that I will be moving the venue of my case to SJC, plus also adding 50% of the expenses associated with buying a car for my daughter (about $4500) and unreimbursed health insurance premiums (about $2673)? I have offered the ex three settlements and he still refuses to pay any child support. Your thoughts???
Customer reply replied 1 month ago
Actual car amount if $7101.41

Thank you for your reply.

The reason you have not heard from other experts is instead of opening new questions as you should for these new issues on the same topics, you go on and on for one price and the experts who are not site employees end up spending days with you for pennies and it is not cost effective for the experts.

You cannot have a hearing in SCC, because it has been moved to SJC and you need to contact that court to determine the hearing dates.

SCC no longer has jurisdiction on this because they moved the case back to SJC. The court should have taken it off the calendar on its own because they cannot hear the case when they moved it to SJC.

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