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The Law Office of Brian Don Levy - Divorce Net

Brian Don Levy was admitted to the State Bar of California in 1973, and he has been specializing in family law, civil litigation, business & transactional matters and estate planning since 1973. Mr. Levy has regularly served as a Judge Pro Tem and as an approved Family Law and Civil Litigation Mediator and Arbitrator since 1978. Additionally, Mr. Levy is on the panel of the Los Angeles County Superior Court approved Civil and Family Law Arbitrators and Mediators. Mr. Levy is also a member of the Coalition For Collaborative Divorce, where he provides collaborative family law services. Our spectrum of services includes Paralegal Support Services, Mediation Services, Arbitration Services, Collaborative Divorce Services and Litigation Services throughout Los Angeles County, Orange County, Riverside County and San Bernardino County.

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#223595 - 08/13/09 12:36 PM Child Support Review
Shania72 Offline
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Registered: 03/27/07
Posts: 122
I got notice my ex has requested a Child Support Review

I have not done this in quite awhile nor were the arrears so high back then so can anyone give me any info on the process?

I see I have to put it all the numbers Income Expense sheet, amount of time with each parent, etc etc within 20 days/


Now what happens next?

Ex arrears are $40,000

As of Jan this year I have been getting less then half of the child support order, I believe hes on unemployment right now and back to working under the table.

He is living with a relative, but refusing to come right out and say it in any type of correspondence and claims he is supporting his girlfriend and her 2 kids (they have been out of there house for months, she lives with her parents now)

He has not paid for ANY medical insurance hes court ordered, or his half of any expenses for our kids since the divorce in 03. I have all receipts, its around $4000 that he owes


2004 he requested a review from original order. We couldnt even find where he was working, he showed up with pay stubs and I was thrilled it was this easy, they sat us down, did the figures, said the support would go down $300 was I okay with this? I was thrilled that he even came in and we found out where he worked so I said okay and they did the wage garnishment right away. We left the Support office and he quit the job right after. Later when I had an attny they told me I should not have okayed his reducing the payment, the judge wouldnt have okayed it because he was capable of making more and his tax records could prove otherwise, I just thought something was better then nothing (lesson learned)


I tried to get support enforcement in 2006 as I wasnt getting anything, he hired an attny, scheduled numerous postponements, got current with monthly support during those delays and by the time we got to a hearing support services didnt show up to that hearing at our courthouse (they came to the 2 previous court dates but were turned away)We found out where he was working and his income had increased even more. He claimed that I lied about my income, subpeonaed 2 yrs of my financial records, bank statements, schooling, depositions, tax returns, you name it. I brought in everything and provided documentation, I was nowhere found in the wrong. He didnt show any tax returns, pay stubs or bank statements. His support was increased and he argued to have his arrears payment plan reduced with the urging from lawyers this wasnt wise for him and that they didnt think support services would okay such a small amount $100 a month for a person in such serious arrears. But it went through


From that court hearing he was also ordered to pay $4000 of my legal fees directly to the attny for all of the time wasted on a simple child support hearing and all the things he required I do. He has not paid this also, the attorney is now back after me for this money as of this past year, so I need to put that info in with this also.

So I just am puzzled what my ex is trying to do? Will they reduce someone who h as such a history, they have suspended his license several times, and give it back to him for $5 payments.

The support workers tell me my case does NOT look good for him there are sooo many notes on it.

So what really can happen? If hes on unemployment right now but has a history or making much more then I do and is capable of working, will they reduce it? Hes also living with a relative so he has no bills really to pay.

So what will happen, they will review our income expense sheets which arent proof of anything, just what we jotted down and I know from history hes dishonest on these, and he never has much for documentation to prove otherwise, me Im by the book and have everything documented thouroughly and paperwork to prove all.

If they find he cant get it reduced or it will go up, will they notify him if he wants to proceed? Or what will happen?

I also just got married so I think he thinks Im rich now, my income is the same as it was in 2006 as my fiance lived with me then and his half of moneys contributed to the household were put on the income sheets back then, so none of those figures will really change. I have primary physical custody, kids are with me 80% of the time.




Edited by Shania72 (08/13/09 12:36 PM)

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#223597 - 08/13/09 12:55 PM Re: Child Support Review [Re: Shania72]
Shania72 Offline
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Registered: 03/27/07
Posts: 122
I also wanted to ad. I have lived in the same home and we have had the same pickup point for our kids since our separation divorce. So this has been in effect since around 2002.

He lives in a new city each year but in neighboring cities. The past year he moved to a new county and over an hour away. He wanted me to drive. I didnt move, I live where I always have, where the kids live, where there schools are and where the court ordered drop off point is.

Now he has left that county and is close to 2 hrs away, will they give him credit for that drive also? I have told him why not rent a room and live in town where his kids are so he can see them more and there isnt so much driving.
Can he claim that as a hardship the gas to drive back and forth for visits?

And a side note, I was under the impression if a parent decides to leave the area of where the child resides its on that parent to do the driving if they leave, like if I moved away I cant expect him to drive to where I am. I would still have to drive to the drop off point in our orders unless we mutually agreed another place. But can a parent move away and then petition to make the parent who has never moved drive to meet them?

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#223614 - 08/13/09 07:58 PM Re: Child Support Review [Re: Shania72]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
He has requested a review and he's $40,000 + insurance + $4,000 shared medical expenses in arrears? Ohhh man.

Years ago, my ex requested a review - she was having her 4th child, a little girl whom she would also later abandon. The judge took one look at her outstanding history of arrears and refused to reduce the child support from the paltry $432 (for my two kids) a month it was already at.

I think it would be wise to try the Private Investigator's board, and see if you can't find out some information on tracking this man to his workplace during the daytime. You need to find out information on this man so he can't bamboozle the system.
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Disclaimer:Not actual legal advice!

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#223617 - 08/13/09 08:41 PM Re: Child Support Review [Re: Tali_Llama]
justche Offline
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Registered: 07/13/05
Posts: 810
I'm surprised the county approved the modification request. I know they are working with NCP's, but I thought you had to be somewhat current to get it reviewed.

I don't have any advice per se - but I will share that recently our NCP requested a modification, got a continuance, and then didn't show (Well he apparently showed up very late, made a payment - and went into the courtroom to find out it was dismissed because he didn't show up on time).

I actually have higher child care expenses than I had previously had and had all the documentation to show it. (He had filed to lower that add on) It was dismissed when he was a no-show because I didn't file my own modification. If I ever have to go back to court because of something he files - you can be sure I will be sure to file my own modification and if he doesn't show, I get the benefit of the doubt and judgment probably in my favor.

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#223619 - 08/13/09 08:52 PM Re: Child Support Review [Re: justche]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
They approved the request to go to court because I stipulated they could. This was 1999, and I gave the D.A. all my financial paperwork. Like the other poster, I said that "Wow, anything per month is better than the zero per month that we are now getting."

I wasn't even at the trial. It was continued 4 times (she was constantly moving, the D.A. said they didn't have her served.) Eventually, the court date landed in January on the day of my children's first ski trip that we'd been planning for a year. I had turned in all my paperwork and the D.A. had everything they needed - so they proceeded.

The judge looked at the small size of the existing order, the fact that neither party showed up, and ruled that she needed to continue paying the same amount, plus $100 a month to begin accounting for the arrears.

When we got back from Big Bear (skiing) - there was a horrible nasty phone message on my machine about how I "undermined" her in court. Hehe.. I called the D.A. and found out that our female judge made the decision not to reduce support all by herself.
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Disclaimer:Not actual legal advice!

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#223624 - 08/13/09 09:57 PM Re: Child Support Review [Re: Tali_Llama]
Shania72 Offline
Member
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Registered: 03/27/07
Posts: 122
Tali said

"He has requested a review and he's $40,000 + insurance + $4,000 shared medical expenses in arrears? Ohhh man."

Yes and the $4000 in legal fees from 2006 he was ordered to pay to my attorney in a attny fee award. As of just recent my attorney started to bill me for my ex not paying it, so now I have that bill, Im going to put that into the paperwork also.

Hmmmm the investigators board, are you suggesting I hire one to find out what hes doing? Im just barely making enough to get by and pay my bills. The last round of court with him cost me $8000! Just for Child Support enforcement! He started up all kinds of diversionary nonsense, which on one hand he cant pull in the Child Support courts, they dont go over custody. But he tried to say I was lying about my income and had all kinds of my records subpeonaed, and I sat thru a several hour deposition of the stupidest questions you can imagine "Give us your paypal account password" and on and on....

I show up, bring all tax returns, pay stubs, bank statements for 2 yrs, everything. He brought NONE and an email that said "You E Filed!" and no numbers or anything on it.

But yes I can bet you hes working under the table, but proving it is another thing. Hes had monies now to entertain, amusement parks and another vehicle just recently. So I cant even imagine what hes gonna try this time.

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#223628 - 08/14/09 03:09 AM Re: Child Support Review [Re: Shania72]
Tali_Llama Offline
Superstar
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Did the judge compel him to complete an income and expense declaration?

I understand a private investigator may be a financial difficulty at this time - but if you were able to show some kind of proof - photos, evidence, something of him going to his job under the table, its likely you wouldn't have to put up with his trying to work the system any more.
_________________________
Disclaimer:Not actual legal advice!

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#223651 - 08/14/09 08:37 PM Re: Child Support Review [Re: Tali_Llama]
justche Offline
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Registered: 07/13/05
Posts: 810
oooh, Tali - I love to agree with you, but I think on this one - what you are saying is theoretically right, but in practice not so much. I have had invoices, and quotes, and photos of a very full truck ready for the dump (hauling service). He didn't fill out any I&E. When I showed THREE business names being advertised and all connected to the same person - the judged laughed at one of them and said "hmmm, must not be making money with that name."

In my opinion it is not only a pain in the a$$, it's almost impossible to try to prove income on someone with a cash business who doesn't want to be forthcoming.

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#224858 - 09/10/09 10:43 PM Re: Child Support Review [Re: justche]
Shania72 Offline
Member
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Registered: 03/27/07
Posts: 122
Well guess what? I did all my part, provided everything they have asked for. He requested the review. Got a letter today that our Review has NOT BEEN accepted, reason being "NCP has not provided documentation or forms requested"

So umm yeah, he put in the request, yet didnt follow thru? So there ya have it.

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#224864 - 09/11/09 03:05 AM Re: Child Support Review [Re: Shania72]
justche Offline
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Registered: 07/13/05
Posts: 810
Shania - uh?? Congrats? smile

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#224914 - 09/12/09 04:51 AM Re: Child Support Review [Re: Shania72]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
I have to wonder if he sat down to crunch some numbers, and realized that he'd be on the short end of the stick? Or maybe he thought he might irk the judge?
_________________________
Disclaimer:Not actual legal advice!

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