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I may have some proof that kids' father makes more than declared. Should I request to modify?

 
 
Reply Fri 8 Sep, 2017 05:00 am
My children's father was depositing about $2.5k a month for the first 1.5 years we were separated for child support. This February, he decided to substantially lower the child support to $1k. Nothing has changed in his life and I have the messages he sent me when he deposited money. He's self employed and his cell phone shows the amount of calls he has related to work. I guess they are all somewhat circumstantial. I wonder if I should go into court and ask to increase the current $1k but I'm worried about getting even less after review because he currently claims very low on his income tax return since he is self employed.
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Type: Question • Score: 0 • Views: 880 • Replies: 9

 
jespah
 
  5  
Reply Fri 8 Sep, 2017 06:41 am
@Sabrina27,
Your husband cannot unilaterally decide to just decrease what he owes you in child support. Time to go to court for the arrears if he won't pay.
0 Replies
 
PUNKEY
 
  2  
Reply Fri 8 Sep, 2017 01:34 pm
"He" could not lower the support without approval from the court.

You must have gotten notice from the court hearing when he did this petitioning of the court.

Otherwise, he is just behind and is making partial payments. The court will come after him, it will just take time.


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ehBeth
 
  2  
Reply Fri 8 Sep, 2017 01:37 pm
@Sabrina27,
How much did the court require him to pay? was it always 1k? 2.5k? some other amount?
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Sabrina27
 
  1  
Reply Mon 11 Sep, 2017 02:23 pm
Well, he was paying the 2.5k without a court order. We never went to court.

So I'm currently in Brazil and he's currently in California. When we separated, he was depositing the money in my bank account to help with the kids. Things between us started to get ugly and in February, he decided he didn't want to provide as much anymore....... We had a divorce and child support going on here in Brazil where he provided false information and the court ordered him to pay about $275.

When he decided to lower the support in February, I opened a case with Ca Child Support Services. CA CSS initially requested the court order here in Brazil to enforce it there but she states the court order is not clear and they would have to go to court to determine how much he should give. Until this day we are still in the process of determining how much he should actually give me.

So with what he claims because he's self employed, it is very little on paper. But I know he makes more. Nothing has changed in his life and he was able to provide support for $2.5k before and I'm pretty sure he's able to do that now. I don't know if I should settle for the $1k or go in and risk getting less.
ehBeth
 
  2  
Reply Mon 11 Sep, 2017 04:44 pm
@Sabrina27,
The order was for $275.

It could be decided that the $2500 and $1000 / month he was paying created an overpayment.

Let the Ca Child Support Services look and things and make their determination.

I'd suggest that there is no upside in you doing anything else right now. Don't want to piss him off and have him decide to pay the mandated $275.


Don't bet on this part
Quote:
Nothing has changed in his life
. He could be in a new relationship, have another child, have changed things about his business, owe money for things. Life can change unexpectedly.
Sabrina27
 
  1  
Reply Tue 12 Sep, 2017 07:50 am
@ehBeth,
The order of $275 was an order of the Brazilian court... Not the US court. Does it make any difference?

Thanks for answering.
ehBeth
 
  1  
Reply Tue 12 Sep, 2017 07:56 am
@Sabrina27,
He owed $275 / month for Brazil and $0 for the US. He has paid more.

The $275 mandated by Brazil will be taken into account by the people evaluating the situation in the US. He has regularly paid more than mandated - that will also be taken into account.
0 Replies
 
ehBeth
 
  1  
Reply Tue 12 Sep, 2017 08:18 am
@Sabrina27,
The Brazilian and US amounts aren't stackable.
Sabrina27
 
  1  
Reply Tue 12 Sep, 2017 10:43 am
@ehBeth,
I get it. It's so unfair that he gets ordered to pay this amount because of a lie he told to the court here. There are no consequences to his lying since taking him to court here to show he was lying will take years since the communication will be between courts of the two countries.

Now that I'm moving back to the US, I was hoping to get some kind of adjustment... The judgement in Brazil of $275 will no longer apply, right? I mean it's all new living arrangements.
0 Replies
 
 

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