hello I am a new member but have been reading awhile looking for some answers. I have a couple questions I hope to get help with. I just recently got married and a month prior to the wedding my husbands ex began (again)the threat of court for more money and asking about my income. she is on ssd and has been for about 15 yrs approx. a month or 2 following getting married to my new husband actually. She is a user and has had every so called illness that is popular at the moment and on top of that is very controlling and makes the child feel guilty alot, and sabatoges as much of his visits as possible, there is so much history of nastiness it is hard to put it all in one note but my husband has tried so hard to be a good father and pay way above what the court has ordered but it is never enough and she lives way beyond her means I could never shop as much as she does or live in a house that she always has. Anyway I was wondering if anybody had some info I just cant find anything on these following questions
(1) Does California law count the spouses income ?, we hear that the law recently changed that it no longer does
(2) Does anyone know if an attorney can just get my husbands income from his job or do they need a court order / seopeana ?
(3) And can they get my income info at all? She has indicated to us that she has gotten this info.
Thank you for taking out the time to read this.
love it hate it
02-23-2006, 06:26 AM
hello I am a new member but have been reading awhile looking for some answers. I have a couple questions I hope to get help with. I just recently got married and a month prior to the wedding my husbands ex began (again)the threat of court for more money and asking about my income. she is on ssd and has been for about 15 yrs approx. a month or 2 following getting married to my new husband actually. She is a user and has had every so called illness that is popular at the moment and on top of that is very controlling and makes the child feel guilty alot, and sabatoges as much of his visits as possible, there is so much history of nastiness it is hard to put it all in one note but my husband has tried so hard to be a good father and pay way above what the court has ordered but it is never enough and she lives way beyond her means I could never shop as much as she does or live in a house that she always has. Anyway I was wondering if anybody had some info I just cant find anything on these following questions
(1) Does California law count the spouses income ?, we hear that the law recently changed that it no longer does
(2) Does anyone know if an attorney can just get my husbands income from his job or do they need a court order / seopeana ?
(3) And can they get my income info at all? She has indicated to us that she has gotten this info.
Thank you for taking out the time to read this.
(1) your income doesn't count
(2)if she files for a modification, the court get your husbands income
(3)probably not, unless its requested by the courts, ask your job has anyone inquired about your pay
Justice seeker
02-23-2006, 09:32 PM
Your income does not count AT ALL - so who cares if she says she can get the info. - She can't get YOUR money. I would highly recommend putting as many things in your name ALONE - Then she can't touch it!!! They cannot garnish your husband's pay unless he owes arrears, or they have an established order. If he owes arrears, believe me, they will come after him - garnishment not only of his wages, but income tax returns, everything. I would claim as many dependents as you can in order to receive as much of his wages before taxes. Because if you end up getting a refund, she could very easily get it, especially if she gets child support services involved. You may end up paying taxes come tax time, but it's better than your refund going to her!!! Believe me, I've lived this life!!! All I can say is watch your back, and never, not ever let your guard down. Good luck...
riverdr
02-26-2006, 03:05 PM
Thank you for responding And on the subject of getting my husbands income info from his job, there has been nothing new filed with the court yet since 3 years ago they went to court so she could try to get the okay to move out of state and raise support and I believe the boyfriend , a Real estate attorney, is just using the same filing info from then when he sent it to the job and the papers that he sent to my husband is called "Request for production of income and expense declaration after judgement " (form FL-150 I think it is) But there has been no modification filed with the court yet but it says it should be returned within 30 days. So it concerns us not returning it, it is just so detailed and on the first page it ask for copies of the most recent tax return then she wrote in 2002, 2003, 2004 herself and initialed it which I thought was funny. Because she decided to write it in does it mean anything? And what happens if we dont fill it out and send it back?
Also, he has never been behind on support in fact has always paid much more then required and when they went to court last time they raised it 200.00 more dollars then the original (not really anymore then he actually gives her though) but only if she moved and that extra 200.00 had to go into an account for travel either for the child to come here or the father to go visit then at the end of the year any remaining from the account went to the mother. But if they didn't move before the given time period it went back to the original agreement for support. But now that she sabatoges the visitation so much that her percentage with the child is greatly increased and says she no longer gets any income because ssd stopped it and she owes them thousands back, she says,
she figures she can get more I guess. I think there is more to it and she is trying to threaten and stuff actually hoping NOT to goto court because of all the stuff she is and has lied about when it comes to her income etc.. I dont know but it sure is stressful all the time. We are talking about every other day almost begging or insisting on more money for this or that . It is never enough. Most of it is just spending foolishly too. The worst part is she involves the child so much and twist as much as she can about my husband and myself to the child because she is so bitter and it is very sad. And we are at wits end.
Justice seeker
02-27-2006, 05:39 PM
I don't understand why the Declaration of money, etc. came to your husband through his ex!! Everything should either be through the courts or Child Support Services. If this woman is so vengeful, I wouldn't give her any money that you cannot account for. It doesn't sound like you have a case through child support services, and if not, that is where I would start. Then, all the money that you give to her will have to go through their office, and then there will be a record of what you have paid. When you give the money directly to the ex, she can claim that no money was ever paid, etc. This would be one less fight / interaction you would have to have with her. Honestly, you could make it to where you wouldn't have to interact with her at all. And just because she is not allowing the visitation, doesn't mean that you have to pay her more. The amount is decided on by the courts / child support services by how much time is allowed, not how much time you actually have the child. If that were the case, every greedy parent out there would be keeping their child from the other parent in order to get more money. It is contempt of court to not allow visitation, just like it is contempt not to pay child support. Don't let this woman bully you - It will eventually come between you and your husband - And that is exactly what she wants!! It sounds like if you don't get a handle on this situation, that this woman will nickel and dime you to death!!!
riverdr
02-28-2006, 09:04 PM
The paperwork came from the ex's boyfriend, the real estate attorney, he is handeling her case I guess and it has always gone through the court since the divorce but they havnt actually gotten a court date or anything yet this time but are just trying to find out how much money we make so she knows how much more she can get. Also, my husband does have most of the money he spends documented by paying in checks specifying what the money is for on the check. even the monthly child support check it is still done the old way he sends a check in the mail every month on time never late 100% of the time. And when we do extra shopping and stuff like for school clothes etc.. he keeps receipts and he makes notes. It just doesnt seem as if alot of things are really even looked at when going to court. Like the fact that she is so controlling of the child and how she manipulates visitation by taking the kid shopping or making dr appointments on visitation nights etc.. and keeping the child busy on the weekends besides the fact just being a teenager things come up sometimes too. We understand that visitation is ordered but when my husband called the police because she said the child wasnt there when my husband came to the house the whole thing got so twisted that the ex made the kid believe that my husband called the police on her not because her mom wouldnt let him see her. And she actually makes her believe stories like that that are so twisted and she will go in to court and say the child doesnt want to come over and why would she when the mom makes it so hard for her to come over with guilt or just plain manipulation. She converses with the child about all of this stuff or her twisted version of things like that her dad wont fill out the financial papers and is holding everything up so they cant afford food and things or he doesnt think she is worth it and stuff like that . Hopefully this time we go to court the judge will see that she did not follow any of his instructions when it came to counseling or visitation or anything.
And she definitly is nickel and diming us to death. It isnt really so much the money it is the kind of person that we have to deal with constantly and how emotionally it has affected the child. It is very hard on my husband too.
I know that it doesnt matter how much the court orders it will never be enough we will still hear begging and nastiness if she doesnt get to live better then us.
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