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My ex is lying about her income in order to get more child support! What can I do??

Arcadia, CA |

I made the huge mistake of not filing my expenses. I was advised wrong when told to just bring them with me to court. The judge wouldn't hear anything I had to say. Lesson Learned. However, she lied about her income and expenses. She didn't even submit check stubs. She stated the amount of her rent but left out the fact that she has a roommate who pays half of it! Also, I pay for his health insurance and I have another child I pay support for. She was awarded 3x's the amount my daughter was based on her lies! She lied about her business expenses and having a car payment. Can the court force her to show proof? I am taking this to trial because I know she can't prove any of the things she is claiming. What are my chances? Thanks

Attorney Answers 1


Hers and your monthly expenses are not usually factored into the child support calculation. Your respective incomes and percentage of custodial time are factored in. Plus, you get an off-set for the health insurance premiums and you should get a "hard ship deduction" for the child from another relationship. The issue of her monthly expenses and the fact that someone is paying part of her rent would go more to the issue of spousal support and division of property issues. If you did not receive any deduction for the health insurance premiums or a hardship deduction for your other child, then a mistake has been made. Did you tell the court about the health insurance premiums and your other child at the time of the hearing? Do you know if those items were factored into the child support calculations?

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Her monthly income is 3900 per month. The judge used 3000 because of her "expenses". My expenses weren't accounted for at all because I didn't file it due to the misunderstanding I had. I had everything with me, but the judge refused to look at it. I have mandatory contributions to my retirement which were supposed to be factored. The health insurance and my other child weren't taken into account at all. Also, the visitation is based on her own request because she has a child from a previous relationship and knows the less I see my child the more support she'll get. I was requesting 35% visitation. I got 26%.

Tobie Brina Waxman

Tobie Brina Waxman


The judge refused to see your paperwork because the reason for filing/serving it BEFORE the hearing is to give the other side an opportunity to see it and respond if necessary, or be prepared to address the contents of that paperwork at the time of the hearing. To consider paperwork at the time of the hearing that the other side had no advance notice of, would be unfair to the other side and deny them due process. You should consult with an attorney and consider having the order set aside based on your mistake (Code of Civil Procedure §473) or file a motion for reconsideration.



I was told by the judge that her expenses were enough and mine weren't submitted. I haven't gotten access to the minutes yet. However, he didn't even ask me about health insurance so I'm assuming he included that into the support as if I wasn't paying it at all. I've carried him since birth. Do you know how it is that my ex wife gets 250 a month and my ex girlfriend is getting nearly 1000?? My ex wife doesn't work. She's been running a daycare from home since we broke up. If the expenses don't matter how is this possible? My daughter has a lot of activities. My son is only 4. His expenses aren't almost as much! I'd rather pay this to my ex wife than my son's mother! Please help!

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