Archived
If I am being paid child support but believe it should be based on overtime that is approx $5k/mo higher, can I get Osler Smith?
Douglas's answer
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Answered on September 30, 2011
An Ostler Smith attachment is used in circumstances where the person paying support has a pay structure that includes potential bonus income. It...
Archived
I owe child support arrears in the state of California, can the Mother and I work out a compromise?
Douglas's answer
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Answered on September 30, 2011
The answer to your question has a few moving parts.
First, thank you for mentioning that it is a non-welfare case and that the amounts are owed...
Archived
Why wouldn't gross taxable monthly average income matter on an I & E report?
Douglas's answer
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Answered on September 30, 2011
In addition to the past three paystubs, your ex is required to abide by Los Angeles County Superior Court Rule 5.9 which requires that he produce...
Archived
How do I calculate a variable % month to month on an Osler Smith child support payment order?
Douglas's answer
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Answered on September 29, 2011
Rather than an Ostler-Smith attachment, why not just use an average of his annual income? If you get his W-2 for last year and divide it by 12, it...
Archived
Can a higher court overturn a judge's ruling that a 52/48% timeshare be listed on a CA disso as 50/50 so that each gets H of H?
Douglas's answer
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Answered on September 29, 2011
If you and your ex agree on who should get the exemption on any given year, and the IRS is giving you problems, you can get past the IRS by having...
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Archived
If parent A gets child support and files for Head of Household, how does it increase/reduce child support parent B pays?
Douglas's answer
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Answered on September 29, 2011
You should play with the guideline calculator to see for yourself how the different classifications can affect the support order. A free guideline...
Archived
For my paternity action, son's father did not provide tax returns and I need them for child support claim. How do I subpoena ?
Douglas's answer
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Answered on September 29, 2011
You shouldn't need to subpoena the tax documents because he is required to provide the tax returns to you by virtue of Orange County Local Rule...
Archived
What date is spousal/child support retro; date papers are filed or date I put as date of separation"?
Douglas's answer
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Answered on September 29, 2011
Mr. Montgomery is correct. If you want to take a gander at the actual statute that covers initial requests for support, it is Family Code section...
Archived
Can my ex list his income that is exempt from fed withholding, as "gross taxable income" on the CA dissomaster line for this?
Douglas's answer
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Answered on September 29, 2011
With all due respect, this doesn't make sense. "Gross income" is the income one receives BEFORE taxes are deducted. It wouldn't matter what...
Archived
Will I have to pay my ex-husband more child support per month if he is unemployed?
Douglas's answer
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Answered on September 29, 2011
Wow! It is rare to hear about a "blanket" (aka "unallocated") child support order these days, but if the child support order did not break down...
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