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How do I get a forensic accountant appointed in a contentious child support case?

Hemet, CA |

I am considered the NCP in a child support case. My ex has the DCSS pursuing me because I am a disabled veteran. Meanwhile she claims $1,000 a month in income when she lives in a gated 8,000 SQ FT mansion with her new husband. Just her claimed mortgage payment is $5,000.... I make under $1,000 a month on VA disability! DCSS just keeps coming after me. It is crazy. I am losing my license, threatened with contempt all because of a vindictive ex delights in the witnessing the struggle. My ex was on welfare and got a cosmetologist license when I was deployed. Her new husband owns 5 barbershops and she has admitted to being on business bank accounts and being a part owner of the business. They refuse to comply with discovery and the court keeps letting her off because she claims separate

separate property of her husband. However, she is involved in an all cash business that is paying her bills while I am being persecuted and struggling to survive and support my children! Is there any authority and a procedure to request the forensic accountant to determine her true income? I am not looking to avoid child support, just get it reasonable. I can't live and pay $1,000 a month child support for two children when I don't even make that much.

Attorney Answers 2

  1. You should file a motion seeking to have guideline child support determined, with income imputed to her based upon her ability to earn, and that a forensic accounting be done to determine her true income. It would be expensive, but potentially very helpful, to depose her, her husband, and her bookkeeper(s). You can also use evidence of lifestyle to have income imputed. It's probably going to be expensive to do all of that. You MIGHT be able to find a friendly person at DCSS who will at least talk to you about the situation (they are essentially supposed to be neutral, though that is not always the case) and help you for free.

  2. Try going to a legal aid project for veterans, it sure sounds as if she is screwing you over and DCSS should be made aware, are you submitting all the documentation?

    My name is Stephen R. Cohen and I have practiced over 38 years and can be reached at 213-819-1171. I practiced mainly in Los Angeles and Orange County, California. I am not seeking clients from existing relationships with other attorneys, and give only limited advise over the phone (the phone is primarily used to set appointments), these services do not create an attorney client relationship. I apologize for mispelling< as I am a lousy typist, My answers may offend as I do not believe in pulling punches or sugar coating the truth. Further regarding courts in other states my opinions are largely based on logic and what I think is the modern trend which is to consider the needs of the child.

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