I have an order from 2009 during a default hearing. The order is based on an overstatement of my wages. We had a severe custody battle for 2.5 years that included minors counsel and a 730 eval. Custody changed hands several times since then and we now have a split custody agreement. Problem is, I owe her 10K in back support from an order that states I was making $ 4,800 a month and had zero custody.
I filed an FL 150 in 4/10 and it wasn’t heard. I filed another one in 6/10 that also wasn’t heard.
I had the kids all summer and was making less than $ 4,800 a month and was responsible for day care costs while her order from 2009 had her collecting those costs from me. Can I have any of this looked at and if so, in what order do I file? I will revise per the new order but what about the debt?I live in Los Angeles but the case is out of Sacramento County. The old order shows me making more than I did (I was unemployment) and her not working. She has been employed now for 18 months and I have now been employed for 2 years and make 75K a year. I do almost all the driving which is not reflected in the old order. I have had to pay two summers of child care even though the order shows her requesting that (she asked for $ 1,800 while she looks for a job). Child support services takes 50% of my income for the order plus the back support. I realize the new order will lower support based on 35% custody and her income but I would like to have her back support reflect actual time with the kids and correct incomes.
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