okay all...

i really need some help on this one...

i found out my ex is taking me back to court for a modification...i only recieve about $400 per month in child support...

i can not afford to hire an attorney to keep my child support at what it is if nothing else....i just do not want to see it reduced....

my ex has no ambition in life....he chooses to work jobs making minimal money...but he also has several perks to his job that would otherwise add over $1700 per month to his current income...

in our original child support order this was not taking into consideration...but i have since been told that it is and can be considered a form of income and in determining the current support....

many people that are aware of my situation thinks my ex is horrible for doing this...after all the kids as they get older cost more to take care of...ie. the clothes are more expensive, the shoes are more expensive, not to mention the make up issues and the school dances and wanting to go out with the friends...all this costs money that i feel he should help with...

he wants to be a father to our kids and i dont want to deny him that...but in being a parent there is also the financial responsibility that goes along with it....

i know he loves the kids as much as i do...and i know the kids love him...i do not want to present a bitter mother issue...but i am not sure how this is fair...

in the almost 6 years we have been apart...i worked myself from nothing to where i am now...i struggled for many years and now i am seeing that things are finally getting better...but without the help of child support i will have no choice but to obtain a second job..and the catch 22 here is that...if my child support is reduced then i will have to find a second job to supplement my income...if i get a second job and he finds out about it...he will again take me to court to have the child support reduced again...i personally do not see how this is at all fair for me or the children...

i want to do what is best for the kids...but i can not sit by and allow this to happen...only i do not know exactly what to do...

i am in the process of gathering up all the information that i can get to benefit my case...but i feel that if i do not hire the assistance of an attorney...then i may end up with less child support...

can anyone offer any help in this matter?? are there any organizations that offer legal help for single mothers in this situation??? i know of legal aid...but they only help in drawing up the legal documents...they do not actually help in representation in court...

i look forward to any and all advice...

thanks so much...

I would contact your local District Attorney's Child Support Division. They generally handle child support payments, meaning his payments are made to them and then dispursed to you, not sure if you already have it set up that way.
During the modification hearing they will get updated income/expense paper work from both parties and apply their standard formula for determining support amounts to be paid.
Years ago, I even had a ruling that determined I was to pay support based on a previous jobs income instead of a current lesser income job, it was stated that since I had the ability to make that previous income that is what I should be making and pay accordingly. Even though that previous job was no longer available to me.
At any rate, contact the District Attorney's office Child Support Division.
Hope it helps.
Don

My modification is being held thru the DA Child Support Services...a court hearingis being scheduled i believe for sometime in November...in any case...the Child Support Services people tell me that his amount would be based on his income and not including his "perks"...but in speaking to a family law attorney...who wants a $3500 retainer to attend court for one hour maybe....told me that the "perks" should be included in determining child support....

i just do not feel as though the folks working for the child support services thru the DA are very knowledgeable nor very competent...more often than not they have no answer to any of my questions...but then again being that all you need is a high school diploma to work in that job...i guess...the old saying...you get what you pay for would apply....our tax dollars hard at work here....

What are the "perks" anyway?

Weird that the DA says they don't apply and a private attorney says they do, but I guess that's our legal system for you One thing to consider is mentioning those in court to the judge anyway. The updated support amount won't be "official" until the judge orders it as such. If by law it is considered as part of his income, then the judge would/should consider that as well before ordering the new support amount.

well...my ex does residential property management...and in such..he is compensated with monetary income...medical benefits....a place in which to live as well as utilities paid for by his company....

he lives a few blocks from the beach and i know that an apartment in his zip code rents for approximately $1550 per month and then add in his utilities for about another $200 or so a month and his income goes up substantially....

but yeah i plan to mention all this in court...and i also found out that he is going to school possibly for a contractor's license...not sure on that tho...

but yeah our tax dollars hard at work...

i just wish i could afford an attorney to go this with me....but i cant....