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My ex has filed a supplemental declaration making several…

Hello, my ex has filed...
Hello, my ex has filed a supplemental declaration making several false claims. One of the things he is asking the court for is that my income be imputed at the level of my current bills payment at a minimum and he is asking that the person's income that is contributing to me and my children's support be utilized pursuant to Family Code 4057.5. He is also asking the court to order me to provide copies of the last six months of my bank statements, and a seek work order.I am self-employed as of March 6, so the seek work would not apply. Some of the exhibits he is using to make his case are ridiculous (i.e. an email to our 11-year-old daughter) where I said I was working shortly after I had been laid off.) etc. Also, these are things he brought to court at last hearing and the judge discarded and was annoyed at himMy question is can you please help me understand if he has any grounds for what he is asking for? Note: he has already tried to make the argument that I filed false income and expense docs 2x prior, which the judge dismissed. He is bringing this same thing for the third time in a row! Also, I want to understand the Family Code he mentions. I had said that I have a rich friend (true) that has helped me while I was unemployed. Please advise.
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Answered in 3 minutes by:
3/15/2018
Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 973
Experience: Family Law Attorney in Private Law Firm
Verified

Hi, I’m Sean and I will be assisting you as an expert today. I’m an attorney with more than 20 years of experience. It is my goal to provide a solid overview of your situation. Whether the analysis is good or bad as to your matter, I want to make sure you understand any points you need and that you have options to better address the questions you have. If I am able, I will also provide you with some resources. Please note that the system, independent from me, may offer a phone call. You are not obligated to engage in a phone call, but I am happy to speak if you desire. This is completely up to you.

I believe I have a grasp from your information on what is going on. Let me ask a question? Does he have an attorney?

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Customer reply replied 5 months ago
No he is self represented. As am I but I am trying to obtain an attorney. My hearing date is 3/20 and I am filling a request for a continuance based on changed circumstances for both parties. He says he is losing his job as of 3/23. I am also filing a Subpoena for his true work status but my continuance is at the Judge's discretion.

I thought that was the case. I believe he is trying to cause you stress and aggravation.

The statute/code he quoted involves when and if the income of a second spouse or a domestic partner can be used for calculations of child support. Another question - do you pay him support or does he pay you?

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Customer reply replied 5 months ago
His income has averaged 120k a year + bonuses to my 22k per year. He paid me support up until May 2017 when he filed a change of custody for our son that drug out to October. Our custody has changed but we also have a bonus order in place and he has not paid me the portion of that which I am owed or any support for our daughter since May 2017. He has harrassed me over money for the last 6 years. Our court file is 3 volumes - all motions except for 1 filed by father.

So the section addresses that the income of the second spouse or domestic partner is not to be considered unless there would be an extreme hardship. If he is making the $120 + then the likelihood of a hardship would be slim. You are also working so you do not have to worry about an argument where you are avoiding contribution towards your daughter.

It is not unusual for self represented parties to attach onto code sections like this in an effort to justify a reduction. The reality is the Courts have seen this before and take a dim view of it - much like it appears has been his prior experiences in Court.

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Now for the other information he is asking, that is a bit grey - it is not unusual for you to be asked for income documentation and verification if you are self employed, but what he is asking for seems overburdensome. That is a subjective standard, meaning others may look at his request as reasonable, but he should be focusing on what you are earning now and potential at most. It would not be a bad idea to provide him some overview of your current earnings if you have not. Perhaps even a statement as to how they would compare to prior earnings to take away an argument of underemployment.

Keep in mind the Court does not routinely work to help people avoid child support obligations. Particularly when they have the means to pay support.

Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation.

If you have any follow up questions it would be my pleasure to answer them. As experts we only get credit for the time and effort we spend on our answers if you rate us positively - 5 stars is definitely appreciated but not required! There is no cost associated with you rating me and you can still ask follow up questions after rating me and I will respond.

One final point, there may be a delay between your question and my answer; this is because I'm either not at my computer or helping someone else but rest assured, if you ask, I will provide an answer. Thank you again.

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Customer reply replied 5 months ago
I appreciate your expertise. I wanted to comment on what you said about what the code section addresses. The friend I was referring to is a female friend not a second spouse or domestic partner. I am not gay. Does this factor in?
Customer reply replied 5 months ago
He is always overly burdensome. I am newly self-employed, which he is not even aware of yet. I haven’t filed my I&E because I had to seek advice sine I’m a 1099 self-employed person and not yet assigned to a project. My earnings are anticipated to be 102k per year but I am not disclosing that at this point since I am not technically assigned to a project. I like and agree with your comment that the court does not routinely work to help people avoid child support obligations, particularly when they have the means to pay. Good Point. Thank you for that. 2 last questions and I am definitely rating you 5 stars!!! 1) Do you think my court continuance is likely to be granted based on major changes in circumstances for both of us and needing time to Subpoena his true work status. He provided the court with a letter from his employer that says he is terminated as of 3/26, but his email to me says it is as of 3/23. I don’t trust anything he says. 2) In his declaration he says that even “if” my friend was paying my expenses that would be a gift and thus taxable income by the IRS. How is this relevant and should I be concerned?

As long as you are not married and are not living in a domestic partnership arrangement, the sex of the friend does not matter. I believe that would be outside of the code section. People are entitled to give gifts!

I absolutely agree on the likelihood of the continuance. Courts don't like to waste time if the information is not yet available.

Gifts become questionable as they increase. If there gift is over $12000 then that would likely kick in, but otherwise the IRS will not be looking.

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Customer reply replied 5 months ago
My friend has needed medical assistance daily shots for 90 days so she is living with me but I have never disclosed that to him. What defines a domestic partnership? I am not concerned about the IRS I was asking if I should be concerned about potential impacts to the support hearing.
Customer reply replied 5 months ago
Lastly, would you suggest me filing a response to his lengthy declaration or just be prepared to speak to it at the hearing? Last time was the same and I just addressed the judge's questions for a favorable outcome. I tire of his legal actions but I may consider a response if you recommend it. Thank you.

For me the intent of the statute is something rising to the level of a marriage or an interpersonal relationship. I don't think a room mate is anywhere near the intent of the statute.

If what he has filed is simply a declaration to the Court, essentially a statement arguing facts or the case from his perspective and does not, like a complaint or petition, require a response, I generally do not file a response - one less thing for the Court to review. And, if the declaration he has filed is an effort to admit statements or evidence or otherwise put information before the court outside of proper procedure, I may very well object to it being considered by the Court and you could do that at a hearing or in writing.

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Customer reply replied 5 months ago
You said "And, if the declaration he has filed is an effort to admit statements or evidence or otherwise put information before the court outside of proper procedure, I may very well object to it being considered by the Court and you could do that at a hearing or in writing. " That is exactly what he is doing including the submission of his false I&E which I have proof of when we were told to file it in the court department directly, which he did not do. I would like to know how to file a proper written objection. Should I submit that in a new tread to you?
Customer reply replied 5 months ago
I was not aware that a Supplemental Declaration cannot be used to admit statements or evidence or otherwise put information before the court. Is there a code that supports this that I can read?

So the declarations are at their core merely affidavits. Statements, or declarations, that are signed under penalty of perjury. They are at their core, just that, sworn statements and many times people use them to attempt to get evidence in.

Much of this goes essentially to trial strategy and how information is treated. If it is untrue, as I said above, the objection could be in writing or at a hearing.

No need to file another request, the response/denial could be in the form of a captioned pleading that says that -

The declaration contains false information.

That you object to it being considered; and,

That you believe the allegations should be proven by proper evidence.

The main thing is that at a hearing or in a writing you note this.

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Customer reply replied 5 months ago
Thank you for your information it has been very useful. Last thing (I promise!) I don't recognize the term a captioned pleading. Could you please send me a sample of this.

Certainly - a link is attached to a Declaration of Disclosure. The caption is made up of the information at the top that identifies the case - the Court where it is pending, the parties and case number. Basically everything in the boxes at the top make up the caption.

Best of Luck!

Sean K
Sean K, Family Law Attorney
Category: Family Law
Satisfied Customers: 973
Experience: Family Law Attorney in Private Law Firm
Verified
Sean K and 87 other Family Law Specialists are ready to help you
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Customer reply replied 5 months ago
Thank you very much!
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