stbx underreporting income for support calc.

I live in CA. My stbx underreported his income, said he was no longer going to consult on the side, only work his full time job. Temp support was based on this and we agreed to this outside of court. Discovery was and is still not complete on his part (9 mos. after he filed). I have subpoena'd info showing cancelled checks deposited to his new bank acct. from the client he consulted previously, and for whom he apparently has continued to consult. Can changes to temp support be addressed at a status conference, tomorrow? How can I address this issue and perhaps get arrears for difference and adjustment for future temp support? Thank you in advance for your input.

by sy 34 Posts
Posted on 6/1/2009 10:33 PM

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Tags: support , income , financial
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Answers for "stbx underreporting income for support calc." (5) (You must be logged in to answer)

there are far too many cases for a court to be responsible for follow up. Procedure dictates that it is your responsibility to bring it to the court's attention if you feel something isn't being followed. It becomes your choice to pursue or not - not everyone wants the court involved past that final date.

by spaznskitz 7745 Posts
Posted on 6/3/2009 12:40 AM

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Thank you! Yep, my lawyer tells me pretty much everything will cost money and require action on my part. I guess the court doesn't follow up on their own orders, I need to file motions or go to trial.

by sy 34 Posts
Posted on 6/3/2009 12:02 AM

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yes and no, he could be waiting for the status hearing to have a pre-court discussion with his attorney about issues, see what can and can't get resolved peacefully and without extra cost to you....

or your attorney might not want to bring a contempt action until there is enough there to ensure it "sticks".

Best thing you can do, have a "status" meeting of your own with your attorney, to strategize the next best legal move(s) and to understand where each of your thoughts are.

by spaznskitz 7745 Posts
Posted on 6/2/2009 11:25 PM

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I do have attorney. Should he being doing more here? STBX is in contempt of court, I believe, for failing to take court ordered parenting course, abiding by my right of first refusal and other court sanctioned agreements. Most recently I discovered he underreported income.

by sy 34 Posts
Posted on 6/2/2009 10:34 PM

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I take it you don't have an attorney....no you can't bring it up at the status hearing - you have to submit a motion to modify

by spaznskitz 7745 Posts
Posted on 6/1/2009 11:57 PM

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