advice needed-had our day in court
So we finally went to court a year after BM filed to modify visitation and child support.
We still don't have any answers except DH will get more time with the kids, not all we asked for but more.
BM said her mother watches the kids and charges $120 per week and they both filed this on their taxes. However, the baby (who is not DH's child and is 18 months) was watched frequently but she doesn't charge for the baby, just the skids (2 girls age 10 and 
that she watches about 3-6 hours a week at most.
Also BM is an RN she gets paid $25/hour but says she only gets $300/week. So that means that she works a total of 12 hours per week and has her mother watch the girls a minimal amount of time but pays her mother on average $120/week to do this. Also, she could not tell the judge what her schedule was nor how many hours she worked.
BM's mom said they have no proof of child care payment, she pays when she can, in gas and in cash but she claimed in on her child support. And may I restate that the baby is cared for for FREE, but not the girls who are in school all day.
I have no idea how the judge is going to handle this one. We were in court ALL DAY yesterday! The judge said he wouldn't do the case justice if he gave a settlement right then. So how is this done. Will he inform the attorney's of the settlement or do we have to go back to court again to hear what he's decided.
Thanks for being there, it helps to write it out. I can't imagine that she is going to get away with this.
She is an RN who is trying to claim the minimum, saying she should get awarded the same as a minimum wage full-time employee. Has anyone ever had the BM in their life pull this kind of thing and what did the judge do?
that shouldn't be the
that shouldn't be the
symbol...it should read 8. DH's girls are 10 &8
and also, the BM and her mom also claimed this "child care" on their taxes.
If you can provide to the
If you can provide to the courts the wage of BM's place of employment and hours she does work. As a nurse her claiming she works 12 hours that would be 1 shift (at least here it is) If she is working below her means to "pad" her child support payment some judges here do a work study and base the payment on what she could be earning.
In my mind the amount she pays for child care should be divided between all 3 kids and 2/3 of that is taken in to account for DH portion whichever that may be. If there is no proof of child care payment then there is no receipts being made and can make an issue for income filing. If they can not prove the amount how can they claim to the courts an amount.
When we went to court 6 years ago, BM claimed to be making 1/4 what she actually was and claiming huge costs for the care of SD who was then 10.
She could not prove her income but as we questioned it from doing our own behind the scenes checking we stated that she made an amount that was closer to her actual income. She was self employed cleaner. As she had no proof she had to provide banking statements for the last year. We had a few advertisements with her current rate advertised and this went in our favour. The judge also took into account local cleaners providing the same services and and gave her a median wage from the two.
We are in Canada so I am not sure how the court system works where you live. With her incorrect claiming of income this also resulted in Canada Revenue being notified and her paying the non claimed income and being audited for the next 3 years and monitored for an undisclosure period of time.
For our situation the judge would hear the information and on the "big" stuff he did take some time to go over and look into things. Our judge was very thorough and told us up front he didn't like to make desicions based on emotions. I'm not sure if this is case with other judges as we have had the same one for all our court proceedings.
I don't know if i helped any. I do hope things go in your favor and get resolved quickly for you.
It has been my experience
It has been my experience that the judge that leaves the bench with information at hand, will send a letter to the parties concerned disclosing their decision. It has also been my experience that the more you prove legally to the judge and leave all emotions at the door, the better chances are the decision will be in your favor.