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|04-29-2015, 12:37 PM||#1 (permalink)|
Join Date: Mar 2015
I wanted to be a good mother an settled with the father out of court after raising my son alone for 4 months (he's now 6 months). 50/50 because I was told courts lean towards that. He claimed I made more and lied about his income now I have his tax returns from the year that would have been reviewed at the time of agreement. He also finished his divorce with his wife (not me). It also shows that he has ability to share 10,000/mo plus 6250/mo bonuses in TWO positions as he shares her position. He also drives a jaguar xkr ($900/mo), Gucci shoes, faragamo belts, etc. I have paid $600+ more in my sons medical as he's in charge of half and he wrote me a check for $12.50. They're all in collections and killing my credit. Can't even get credit card to pay remainder of legal fees to lawyer to continue for motion. Has anyone filed for voluntary poverishment? He does MLM and I have video of him showing 2 years ago (oen year prior to pregnancy) he quit his 6 figure job (still does it on side) for this "job". I also keep my son most of his nights or he (which makes me mad) pawns him off to his mother so I cant record that he's not watching him. He picks him up at 9:30pm while he's been asleep for 2 hours disrupting him and its just to say he had the overnight. Please help!
|04-29-2015, 01:30 PM||#2 (permalink)|
Join Date: Apr 2014
Location: San Jose, CA
When deciding whether a parent has voluntarily impoverished him/herself, the court looks at the following factors:
-level of education and ability to get education/training
-timing of the change in jobs or financial circumstances.
-the relationship of the parents before the start of the proceedings.
-all the efforts to find or keep a job.
all the efforts to get any necessary training.
if he or she has withheld support in the past.
-other considerations presented by the parties.
The court basically looks at all the evidence that is presented and determined whether the child support payments should be modified or not. If you have any documents you should present them or talk to an experienced family law attorney who can persuade the judge that the opposing party can pay more than what he has been saying he is able to. https://www.legalmatch.com/home/mobi/caseIntake.do
**I am not an attorney and this is only legal information, talk to a licensed attorney before taking any action on this matter**