PL Hearing/Child Support
- This hearing will determine recommendations and be referred to by the judge deciding your case, so what you do here is very important.
- Bring a lawyer, don't be stupid. Don't give yourself the excuse of no money not to get a lawyer, get a loan from a friend, use your credit cards, write a convenience check, get as many credit cards as you can. Make sure the lawyer has experience with Ex Parte' cases and especially winning them.
- You are required to bring, 3 of the last pay stubs, last year's Federal Tax Return, Completed Income/Expense Statement. Your most important defense against high child support and alimony payments will be documenting your expenses. Keep all receipts and stay current by updating your Income/Expense Statement. If you have a spreadsheet program you may find this helps in keeping track of expenses in the right categories. Make sure you bring documentation to support your figures.
- Working overtime or an extra job. Guess what, the court will not only figure your income based on your last three paystubs but also can make you work two jobs and overtime if you have set this precedent. So if you know things are going bad stop working overtime and quit the extra jobs before the PL hearing. If you reduce hours afterwards, then the court will get you for voluntary impoverishment and still require you to pay. Losing your job afterwards falls in the same category.
- Your spouse doesn't work outside the home. Guess what, the court is not going to require her to get a job, the court will instead take more from you. If you know things are going bad or money is an issue in the relationship, maneuver her into getting a job, especially a full time one.
- Getting money from your family members to support you, the money received by you can be argued by her attorney as income/support and entitle her to a share of it. If you must receive funds from a family member, sign a notarized legally binding promissory note to prove it is a loan and not support. The family member can always gift it to you at a later date, if they are so inclined.
- Review your assets and liabilities such as house, mortgage, bank accounts, brokerage accounts, IRAs, 401K, life insurance policies, etc. Determine what is and is not marital property. Have a plan to reduce your assets because they will be counted towards your ability to pay child support and alimony.
- Running up medical bills in order to raise child support. If she begins claiming high medical expenses for herself and the kids, go to the Federal Income Tax Return to show the Domestic Relations Master your customary medical deduction, that's if you itemize, if not, your lawyer must immediately demand, prior to the PL hearing, copies of medical bills and prescription receipts from the previous year. With this documentation you can rightfully accuse her of running up medical bills in relation to last year.
- Overstating the grocery bills in order to raise child support. Require receipts to document adequate spending of child support on kids. Receipts for groceries will confirm or prove perjury on the Income/Expense Statement required for the hearing. She will no doubt come without the receipts to the hearing, however, you have a right to the documentation and your lawyer can demand it of her lawyer.
- There may be attempts to reduce visitation by claiming disruption to the kids, your active schedule, missing of visitation time, etc. However, you need to counter by saying the kids are doing well because of frequency of visitation and that you want more time to be as much support to them as possible. This thing is not their fault it is my partner's and mine for not getting along.
- Don't get a cheap room instead of getting an apartment, child support and alimony are not only based on your salary but also your expenses. Whether you pay alimony or not may be determined greatly by your inability to pay. If you have kids, even if you don't get custody, having a place for them to stay is extremely important and will determine future visitation such as overnight stays. This must be done before the PL hearing or at least have a signed lease.
- Avoid staying with relatives instead of renting an apartment, it will be argued by her attorney that you receive support and therefore have a greater capacity to pay child support and alimony. Sign a standard lease stipulating a monthly amount. You will be required to show cancelled checks.
- Don't fail to pay child support/maintenance before the end of the month otherwise you will get your wages garnished and that will be used against you in future hearings.
The information contained on this website is provided free of charge. It is intended for informational purposes only and should not be construed as legal advice or a substitution for obtaining legal advice from an attorney licensed in your state. The transmission of information in this website is not intended to create, and its receipt does not constitute, an attorney-client relationship. For personal legal advice, please consult your attorney.