Can anyone give me advice on what to expect? I live in Orange County. Since our separation the ex has been giving me support payments that we agreed on. However, since that time he has been difficult and would like to have it automatically deducted from his checks to avoid the looong conversations on how he shouldn't have to pay each time he gives me the payment. Also, he is underpaying by about $200 a month per the dissomaster (sp?)Will they automatically adjust that or will the figure in our parenting plan be entered?
Also, when reading the forms on the website, it talks about domestic violence and wanting information and witnesses. I have all of this regarding his abuse on my son- but why are they asking for it? How is it used?
I have filed for divorce but am waiting on official support orders. It's a long story but it should be taken care of very soon.
Typically, since you are the petitioner, you need to file for a hearing to have the court order spousal and child support. Once it is a court order, either you or the payee or court can arrange to have it taken directly from the payee's employer paycheck. It is not mandatory but is sometimes done. But this way, he would not be able to short the payment as the amount ordered by the court would be withheld. Domestic violence can be assessed to protect victims. It is ILLEGAL to fraudulently accuse another and stiff fines and sanctions can be ordered against anyone who does this. So, if there is anyone who is in danger from an abuser, then they need to be protected by TRS and other means. But if an accuser is attempting to discredit and/or deny access to the children by FALSELY claiming DV, then that person could be found guilty of various charges leading to fines, jail and perhaps more. Certainly protect children and others from DV. But it is best to be able to say when and where and to whom with facts and testimony from others to support it. Police reports would be extremely helpful. DV can also effect support amounts as the amounts are determined by time spent with the children. If a parent were found to be guilty of DV against a child, then their ability to see the child would be taken away and their support payments to the CP would probably be higher as they would not have shared custody nor unsupervised visitation.
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