CSE and Judge's Order


#1

Background: In July, my ex filed a motion to modify custody based on my move to FL to take a job. We have yet to finish this hearing (set for June). My ex is no longer attempting to gain physical custody. We disagree on some visitation items, among other things, so the judge will have to rule on these.

My ex filed for a reduction to child support in September stating his income had reduced. We went to court in October. My ex works a real job, but also plays in a band quite a bit. I brought what evidence I had from the band’s website. The judge continued the hearing to February and ordered him to bring financial information (3 years tax returns, bank statements, band inancials and subpoenaed his parents because he deposits band money into their accounts).

We went to court in February, he did not bring 2008 information, so it was continued again. We went to court a week ago, this time he brought his attorney.

Even without the band income, if you ran the guidelines with his normal income, there was only a $6.00 difference in child support. When we came before the judge, ex’s attorney was trying to get reduction based on estimated child care expenses and transportation while the girls are with their father. Judge would not hear this because there wasn’t any way to know what his child care expenses and transportation would be until the custody judge makes a determination.

The decision was made to continue again and move the child support to the custody judge. For the custody action, I am pro se.

So, here are the two questions.

  1. When I spoke to the clerk for the custody judge about scheduling, she did not think the judge would hear a CSE case. I am still waiting to find out about this. Do you have any insight on this?

  2. Since the child support case was continued, does the judge’s order in the child support case - that my ex is to provide three years of tax returns, band financials, bank statements, etc. still stand and should he now provide that information to me since I am representing myself in the custody hearing?


#2

You should ask the attorney who is handling your case when he or she is available, and let them know the date set for your custody hearing. Yes, the judges order to produce still stands.