How can I ask the judge that I suspect that my soon to be ex spouse is not working and is getting income I don’t want to pay no more alimony?

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How can I ask the judge that I suspect that my soon to be ex spouse is not working and is getting income I don’t want to pay no more alimony?

She last told the judge she has a par-time job I want her to declare her income so my child support payments lower down, am going to my final judgment can I claim I have a new. Partner who am supporting so child support can go down or will that affect me. I want to also ask the judge for a social worker or a counselor for my our daugther because her mother is telling her to tell me stuff. And I feel is affecting and is going to affect our daughter.

Asked on June 20, 2009 under Family Law, California

Answers:

Oksana Van Rooy, Attorney at Law / Law Offices of Oksana Van Rooy

Answered 12 years ago | Contributor

Based on your described circumstances, you should find yourself an attorney to at least deal with the child support issue.

Why would you tell the judge that your wife is not working, if she already told the judge she has a part-time job? If you suspect her income is higher now than it was at the time child support was ordered, you could request your wife to disclose her income.

Basically, you can always ask the other parent of your child for her income information. You can send the request documents to the parent directly (if she is not represented by an attorney), to her attorney, or you can ask her employer. However, the documents to be sent for such a request differ depending on whom you send, on the stage of your proceeding, and on the documents you have already sent to the opposing party.

At the very least, you can send your wife Form Interrogatories - Family Law (which can be found at http://www.courtinfo.ca.gov/forms/fillable/fl145.pdf) - don't forget to attach Proof of Service. The document is pretty much self-explanatory.

As for your new partner whom you are supporting, you can always tell the judge, of course, but almost surely the judge will not take this into consideration (unless your partner is completely disabled or something like that). Your liability to your child always comes first. To put it simply, your new partner can always go and find herself a job if you don't have enough money for her, but your child is too small to support herself.

You should also know that the child support is generally calculated in CA in accordance to the formula. The calculation takes into account not only parents' income but also many different factors such as whether a parent has a house, whether a parent has a medical insurance, etc. Sometimes, these factors play significant role in changing the amount of support.

As for the social worker or counselor, from my personal experience, they are sometimes more damaging to the child than helpful. You should probably just talk to your wife and see if she can refrain from telling you stuff through your daughter. She should let you know directly everything she needs to tell you. If this doesn’t not work, you can ask the judge for an order prohibiting your wife from telling your daughter inappropriate things about you or from any other inappropriate behavior. 


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