Legal Question in Family Law in California
Modification of child support-disclosure of private Trust document
My ex-husband (final 1996) had me served with a Modification of Child Support, pay his attorney fees, and requested a wage garnishment.
I originally paid $240 per month for two kids. One has turned 18, so now I pay $120 since 1999. Now, my ex is on temporary disability, and he says he has her 70%, me 30%, a lie.
My father passed in 1998, leaving me (2) properties in a trust. One is sold. My ex is aware. Do I have to disclose this private information?
1) How can I stop the Wage Assignment? The original order stated that if I
was more than 5 days late, he could attach my wages. I have only been one or
two days late a couple of times, but he stated that I've been late numerous times, which is false. I've never missed a payment. I could lose my top secret level clearance if this happens! Thus, my job where I've worked for 20 years!
2) No money to pay for an attorney, most of the trust money was spent remodeling condo.
I can file the response papers myself. What do I do? Are there any case studies?
Do I have to disclose all my financial records since the original custody issue? I.e. Receipts, bank statements, etc?
Please help. Thanks.
1 Answer from Attorneys
Re: Modification of child support-disclosure of private Trust document
You may want to contact your local Family Law Facilitator's office. In LA, the number is (213) 974-5004. Your local Bar association may have a resource list of free or low-cost attorneys who can help. The number in LA is (213) 627-2727.
Anytime the court requests financial information you must make a full disclosure, or face fraud charges, or worse, perjury. Your assets shouldn't have much to do with the child support issue--it's almost always based 100% on income. If you're disputing the amount of time the child spends with each of you, be prepared to present evidence on this. Perhaps your calendar provides some clues? Or does the daycare center have a sign in sheet for parents who drop children off? Those things would tend to show who had the children on which day. It's probably worth consulting with an attorney on this since a large child support order could be costly! After you get some specific legal advice about your situation, you may well be able to do the papers yourself.
Good luck!
Diana Mercer
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