Writ of Summons
So the sheriff knocked on the door at 6:30am today to deliver FDH writ of summons for child support for a child we have 52% of the time. Meeting with the lawyer Monday, but two questions until then.
1) They attached her financial statement to the summons and she claimed her income is zero, but she is actually employed fulltime at a local nursing home making 10/hr. We have that in writing and on video from her video blog. Is her lying about income enough to get the whole thing trashed.
2) if we do go to court will they toss it out if she is a no show? She didn't attend any of the divorce or custody hearings when they happened several years ago. Will that look bad to the judge?
- HolyShootskey's blog
- Log in or register to post comments
Comments
When FDH went through this
When FDH went through this nonsense, the lawyer said that CS is calculated solely on custody time and income. If your court order states 52%, you're the CP for legal purposes and she will have to pay CS. If your court order states 50%, the parent with the lower income is considered CP and gets the CS money. Be prepared to prove income, but she'll have to report with tax statements anyway.
Where I am, the CS court doesn't care about anything else.
It depends on the state. In
It depends on the state. In some states, CS goes to the parent that has the kids more than 50 percent (the CP). In others (my state) my DH could have the kids 60 percent of the time and still pay BM due to the disparities in their income.
To answer your questions:
1. I don't know. My gut is it would not get thrown out, but it would not look good either.
2. If she fails to show they will probably toss the case.
I just got her to admit via
I just got her to admit via email that she is employed full time as a GNA, which makes at least $10 an hour here. I think she is too stupid to realise she is commiting fraud by saying her income is zero.
BM 1 recently took DH to
BM 1 recently took DH to court to lower her CS payments due to an illness. BM missed the court date. They sent DH on the road with a new date. BM tried to factor in her 3 brand new car payments and everything. BM walked out with an order to pay DH more in support than she was paying and support payment for oldest SD would not stop when she turns 18.
BM #2 does not pay CS. CS prosecutor filed for BM to pay but she is on SSI. I had a voicemail recorded of BM saying she was making over $200.00 an hour stripping. Prosecutor and attorneys were going to use this. That BM dodged court for a year then went to jail for it. Ultimately, not having to pay support.