Legal Question in Family Law in California

Child Support Information

I am about to file for divorce, but I have a question on getting what I think I deserve for child support. Now here is the situation: My husband is on disability, and so my son get an amount for that. My husband also works full time as a construction worker for himself not with a company. Since he is on disability he is not suppose to work. He claims that once we get divorced that he is only going to pay me what the baby receives from disability.

How can I get the money that I feel I that I deserve for my son, and also how can I prove that he is also working so I can get more money?

Hopefully you can help, but if you don't understand what I am asking please call me. Thank you!


Asked on 8/29/05, 3:06 pm

2 Answers from Attorneys
Geoffrey Sutliff Geoffrey A. Sutliff, Attorney at Law

Re: Child Support Information

When you file your papers, you'll have to file an "Income and Expense Statement". So will he. If he fails to state his actual income, you can serve a request for production of documents asking for his bank statements. If the numbers don't match, file a motion to find him in contempt. If he isn't banking any of the income from his construction work, it'll be tough to prove.

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Answered on 8/29/05, 4:19 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Child Support Information

Before you file for child support you should contact an attorney regarding your situation. It would appear that your husband is committing fraud, by claiming that he is disabled when he is not. He could be criminally liable for theft and perjury. Also if you are aware of the fact that he is committing this fraud, you could be liable for paying back the disability payments he and your child received. IRS agents and other governmental agents read family court files and use the information to prosecute criminal conduct. Producing evidence that whe works while collecting disability may result in a reduction of child support when is is placed in jail and has no income.

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Answered on 8/29/05, 7:07 pm


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