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Ok,

I have nothing to lose so here it is.

I am CP of 3 kids. X just stopped paying support as soon as I took a salaried position with benefits.

He is retired from the military. Retirement pay I can only guess is $1500. He remarried a few months after divorce. (I know this doesn't factor for child support)

I just started my position and have not had a paycheck since July when my last contract ended (I am a teacher.)

My salary is public knowledge, at just under 40k per year. My total income this year IN December will be 28k.

X retired in January. CS at time of disolution was 2100. After 16 years of marriage I received 1000 alimony for 11, yes 11 months which he negotiated down from 5 years to align with his retirement, and waived my community property rights to 45% of his retirement.

I realize the unemployment rate in CA is over 12%. He has not found a job. He is capable of earning over 100k in the civilian sector. (His wife works full time, no children.) In February I agreed to $700 child support, not in writing, but as a temporary amount until he found a job. He payed me a total of 5 months support since February in the amount of $500. I told him if he didn't pay the full $700 I will hold him liable for the full $2100.
If it were me, I wouldn't make any other adjustments outside of the court order. And anyone who wants a job, can still find a job now. Maybe not what we want, or the highest salary, but there are plenty of jobs out there.

Now he wants to seek mediation to have CS reduced, and I can't say I blame him completely. However he seems to think I will need to pay him CS for the time he spends with the kids. he has them 27%.

QUESTIONS:
1. How does a judge typically impute salary?
(If he imputed minimum wage, am I right to assume this gets added to his retirement? He seems to think that the judge will impute UP to full time minimum wage, ONLY -- NOT all sources of income... not to mention his pending disability hearing which should land him 60% VA disability for service related issues. OR is it imputed at what his is capable of earning? Either way... I don't know how he can calculate that I ow him support moneys.)

I would recommend checking with the family law facilitator on this question (if not your attorney) my understanding, is that all sources of income are eligible for imputation. I don't think minimum wage gets added TO retirement pay though, it will include disability. (Again, this is my opinion, I haven't looked it up.) Our situation is support is imputed at minimum wage - the NCP has (probably fraudulently) qualified for SSI disability. The garnishment comes directly from the disability.
2. Is he not responsible to pay the support order as written until it is modified?
Yes he is, or at least the date of filing of a modification.

(If this is so, since I am making ends meet, should I just wait until he motions a change in CS? Or should I just go to the county child support office?? At this point some money is better than nothing.

3. Can I still fax DFAS to have money come out of his retirement?
(I have been hesitant to do this as his retirement is LESS than the court ordered child support and I have a HEART -- probably TOO MUCH of one.)

Lose the heart - and fax DFAS.

4. Can a judge retroactively alter child support?
(He seems to think that the amount was unfair, even though he agreed to it 2 years ago, and that a judge will make me pay him excess -- I was a full time student at the time of divorce working a $10/hour job to make ends meet.

the only retroactive is to the date of filing of modification, not when someone arbitrarily decides it became "unfair"

5. Should I initiate things through a lawyer or the county?
(I have no cash reserves, infact I have ran up my credit card debt during the 2 months I had no paycheck. I will be fine though as I am employed.)
my experience indicates that if there is something tangible that the county can garnish they are a decent option. If there's fighting (or if he will retain an attorney) I would say get an attorney, and find out how he can help pay for it, since he's the one not paying child support.

This has all started, and his harassing emails, when I closed on a modest condo that my parents helped me to purchase. My rent used to be over $2000 -- I live in San Diego and need a 3 bedroom as I have 3 children. My mortgage is now less than $1750 which saves me a significant amount. I think he is just spiteful that I am making it ON MY OWN and my kids are happy.
This isn't something you can control or fix, I'd concentrate on what can be fixed.

I HAVE NOT nickel and dimed him for 50% of medical and dental, although I should have.
I'm not sure I consider it nickel and diming when it's part of the order.


I feel like a stooge, and at this point have nothing to lose as he is paying me nothing.

THANK YOU for any and all of your responses.