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Blended Families
Child support question
DH has his first child support hearing on May 6th, he has to bring his recent W2s and tax returns etc. proving his income. My question is, what happens when BM doesn't show up and doesn't provide her income documents? I can almost guarantee that she won't, since she didn't show up to court multiple times for the custody case.
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Re: Child support question
Do you have any of her past W2's? Or know what her past income was?
If the courts have a record of her past earnings - they can arbitrarily issue her yearly increases and assign her wages (earning potential) and they can then base CS off of DH income and BM earning potential.
They can also do nothing - just reset a court date.
Wish I could help you more, but if you have possesion of her past W2s or salary information, bring it with you. Also, you can look up average salaries for her career field and try to use that as a basis of assigning her a salary.
What is the hearing for? Raise it? Lower it? Establish it? If she wants it raised and doesn't show, I'd say too bad, so sad. But I guess I'm not the judge either.
And sorry about all the duplicates, I'll delete as soon as the bump will let me!
Coincidentally our next CS hearing os on May 5th! So BM has never fully disclosed any of her earnings (at the last hearing the judge literally told her her forms didn't make sense). If your BM doesn't show and you have an attoreny the attorney needs to be prepared to show what her wages should be. She can be umputed with wages without her being there. In our case BM has always been imputed with at least minimum wage. This time we have a much more experienced attorney and hope to have her wages imputed much higher because she is actually a certified welder, but to get this we had to provide documentation of that. Luckily my DH kept some of her prior employment information so we were able to file that as evidence to her ability to earn a hgiher wage. If her attorney attempts to continue your attorney should say, NO! She had notice of the hearing and could have asked for a continuace in advance. Unless there are extraordinary circumstances they shouldn't grant the continuance. If you guys do not have legal representation, make sure you have ANY documentation about her prior income, benefits and employment with you. If possible file them with your income and expense declaration (you may have to check with the court about how to have things admitted into evidence). But most judges if you are not represented by counsel will allow you to enter evidence at the hearing, as long as it is relevant and if possible original copies. (no wikipedia print outs).
Its to establish child support. They had a 50/50 agreement w/ no support for 15 years.
BM stopped having contact w/ the kids end of last September, DH was awarded sole custody about a month or so ago (she never showed to court hearings)
We have no records of hers as far as income, she works as a waitress at a restaurant in the casino.
DH doesn't have a lawyer, but since we aren't technically married and he doesn't work right now (full time student, graduates in 1 yr) he was able to get a free one from the state for the custody part. Hopefully he will be able to do that again.
She has never shown up, let alone hired an attorney.. so he isn't worried about that part.
When DH was going through his divorce they wanted evidence of everything! Bills, W2's, credit card statements. Everything.
They accepted a hand written piece of paper from her where she lied about her income and bills.
in my case biodad showed up without any info and the court was able to access a database by SS# to get his income info. He claimed it was different, the court said too bad, you should have brought proof.
Good Luck