From: donna@wyse.wyse.com (Donna Diloreto x2231 dept302)
Newsgroups: alt.child-support
Subject: Increased Child Support in Calif
Date: 22 Jul 92 23:05:05 GMT
Organization: Wyse Technology, San Jose

OK.  I'll jump in, even though I *know* I'll get a lot of flames from the
NCP side, since this newsgroup is famous for that.  I've been reading
this group for the last few months to hear what other problems people have,
but have mostly been hitting "n" for many of the flaming posts...

Anyway, here's my case.  My daughter is 14+ and expenses for her have
increased tremendously since 10 years ago, when I was separated.  At that
time, her father was barely working, so CS was set at $125.  So, for the
last 10 years, I've basically solely supported her (no extra help from him
for clothing, school costs, medical -- even though his income went up
and down, making up to $150K one year).  I haven't been poor, but haven't
had much discretionary income either, so I never bothered to take him to
court to ask for more CS (I mainly didn't want to go thru the stress of
confronting him).  But, I did ask him to help out several times the last
few years, to which his response was always a laugh...

Well, I remarried last year, and had a new child this year, and started
thinking that it wasn't fair for my *new* spouse to pay for all of my
daughter's costs, including college.  We've already talked about where
we'll get money for her college, and it looks like it will be from
a 2nd on our house.  I did finally start a mutual fund for my daughter,
but can only afford to put in what my ex is giving in CS.
My ex has already said that he wouldn't help with college, but would 
gladly have her live with him wnd his new family while she
attended college.  Now, I don't expect him to pay for HALF her college costs,
since I intend to help her, and expect her to also work for it, too.  But,
I would like him to help her out with something...

So, I take him to court to increase CS. This was before July 1st, when
the new Calif. CS law took affect.  To the out-of-state netters, this
basically looks at the NCP's pay, the CP's pay, the amount of time the
NCP timeshares with the child, and individual costs of that child.  The new law
basically increases child support, to where a $80K NCP may pay 50% of
their salary for CS.  Due to him delaying the hearing twice,
me once when I had the baby, and my lawyer once, we dion't get a judgement
until July 21st, yesterday.  My ex did not appear...  Don't know why.  Since
he owns his business (basically paying himself whatever he wants), his
tax return (both corporate and individual) doesn't truly reflect what he
grosses.  So, my lawyer derives an amount, based on the four different
businesses his corporation owns.  Mind you, his individual return says
he only makes $20K a year.  He and his family (wife, 2 kids, and my daughter)
are the sole owners of the corporation.  He basically pays himself little,
putting the profits back into the corporation as retained earnings (so he
says.)  Well, the judge orders him to increase CS from $125 to over $600!  
This was based on an estimate that he was grossing $60K a year.  He doesn't 
know about the judgement this yet, since he will be getting a letter from 
my lawyer.  Talk about not wanting to face a confrontation (I still have a 
headache from the stress in court.) I surely am not looking forward to 
getting a screaming phone call from him once he gets that letter!

Now, the best I expected was at least double what I currently get, and I
think $600 is a bit too much for him.  Back in Feb, he said he would fight
any increase, and I'd have to pay thousands of dollars in court fees.
So, what should I do?  Negotiate for whatever he can pay? Or wait, and take
him back to court later?  What is in my daughter's best interest?  I do not
plan on "bettering my lifestyle" on the increase, as many of you have
flamed other CP's, but do plan on socking away whatever increase he pays into
her college fund.  BTW, my daughter sees her father about 10% (during long
weekends, 3 weeks in summer, Thanksgiving and spring break.  She is also
a non-confrontative person, and is not looking forward to her father
discussing CS (he has brought it up to her many times, asking her what
amount I will take, and I don't think he should bring her into this.)

What would you do? E-mail me your responses, since I don't to waste your
flames on other netters. 

Donna
Newsgroups: alt.child-support