Divorce - Child Support

BF has been working for over a year, here's is >>

Yzgal — Wed, 08 Sep 2010 01:32:00 GMT

what I was told.

I had phoned the local CS office and inquired about how I could make it noted that he has been working. His child support has been based on unemployment and is about $160 per month. He has been working as a contractor and making well over $50 per hour (he is degreed, very good at what he does) since last July. They mailed a letter to his employer and their response is yes, he does work here but he is a contractor so we can't provide his salary. What's even more bizarre is that the CS office didn't find this weird. Ok..the guy makes waaay more money than myself. He obviously received a 1099 last year for his salary at this company. So why can't this be reported? I will just never understand how these idiot parents (if you want to call them that) get away with this. The system never seems to help the ones of us that do take care of our kids. Has anyone else had the pleasure of this type of situation? If so, was there anything more you could do? Do I need to phone my lawyer?

Paying too much!!!!

tandc1 — Tue, 07 Sep 2010 15:34:38 GMT

I have a child support obligation being garnished every pay period. I received a letter stating I am in arrears for almost $1,000. I was not informed of an increase of child support. I make $7.56 an hour, I have been paying $157 every two weeks (which is leading me to hardship). Now the order is for $546 a month. I have recently filed for modification. Do I have to pay the arrearage if I was not notified about the courts proceedings?? And my income will not change for a long time. I work for the state, and there is a freeze on pay increases for the next two years. I feel I am being harrassed and fulfilling my Duty as the NCP is taking away from the child that I am the Custodial Parent of (from a previous marriage). I need help..

child support after 20 plus years

Joyce lynn — Mon, 06 Sep 2010 22:09:39 GMT

After 30 years, my dad appears and wants to see his five children. I want nothing to do with him and my question is....Now that i know where he is, can my mother go back after him for all the support he never paid? They had support set up in Ohio (Brunswick) and he paid for maybe 2 years.

Am I entitled to any child suuport or benifits of any kind ?

lipory — Mon, 06 Sep 2010 16:47:17 GMT

I was not told who my bilogical father was until I was 25yrs, old. WHen He and I first meet, he was married and he had two daughters durign that marriae, I was concieved prior to teh marriage of his wife. But he never made any efforts to pay my mother child support. Do I have any rights to unpaid support or do I seek this in the event of his death? Of which I'm not sure what my rights will be then? He is 72 yrs old now and has medical problems and several strokes. WHat rights if any do I have?

Purple heart heir any rights?

lipory — Mon, 06 Sep 2010 16:54:24 GMT

My brothers father died in the US army and recieved a purple heart when a grenade exploded. He was concieved outof wed lock. does he have any rights to miltary beneifits and is he eligble to list as an heir for beneifts that where paid upon his fathers death? WHere would he begin?

Divorce and Deportation...HELP!!

customkirsten — Sun, 05 Sep 2010 01:53:08 GMT

I’m sure someone has come across this before and can help me, I hope.

My husband and I have technically been married since October 20, 2002. We have been separated (not legally) a few times a lot of those times while he was in and out of jail in Orange County CA.

He finally filed for divorce through the “self help” do it yourself deal through the Orange County Superior Court. A child support order was established prior due to the fact that I had to apply for welfare while he was in jail and we were separated. We have no property to split and there was no debate as to who the minor children would live with. He petitioned for joint custody with me having physical.

Well, he served me with papers in September 2009 but did not file proof of service until January 2010. (PLEASE NOTE I DID NOT FILE A RESPONSE FORM FL-120 WITHIN 30 DAYS)

When he did file proof of service with the court he was informed that our case was set for a “case review conference”. The case review was set for the same week and when he attended the conference he was handed more paperwork. A packet entitled “How to Prepare a Divorce or Legal Separation PART II” (PART OF A THREE PART PROCESS) The packet contained FL-165: “Request to Enter Default” which he did NOTHING with.

This is where my question comes in:

In November 2008 he was ordered “Deported” by the 9^th Circuit Immigration Court of Appeals and he did not file his appeal with the higher court on time. So the order went uncontested. The order did not give any indication on how the deportation order would be carried out so he went on living his life just waiting for the other shoe to drop.

Well about two weeks ago he was picked up at work by “ICE” Immigration Customs Enforcement and is waiting for the appropriate travel visas to come through so that they can put him on a plane and send him home to England (and Mummy).

So now I don’t know what is to come of my divorce which still isn’t finalized due to his lack of follow through, and what is to come of my child support order that all of a sudden is worthless. Can I still go back and ask for spousal support due to the fact that he is no longer going to be part of his children’s lives. He no longer has to share half the responsibility of raising these kids? How do I collect child support once he is gone and how do I finalize this divorce?

If anyone can give me some advice, or let me know what to do next I would appreciate it.

My direct email is: kirsteneverett77@gmail.com

Thank you,

Kirsten Everett

Motion to Vacate Child support Order entered by default

C. Day — Thu, 15 Apr 2010 17:50:28 GMT

Yesterday I lost a motion to Vacate a child support order established against me by default in 1997, for lack of jurisdiction. The petition was served on another party at an address that was not my usual abode. I have statements from the person who was served who is now a police officer, stating that I did not live at address where documents were served. Have statement from brother who I lived with at time of service giving correct address. Brother is also police officer now. DNA testing proved I am not the biological father but the court threw out the test results because of chain of custody. The mother named 7 other men as potential father, one of which the child is named after, and the mother has established a relationship between the child and at least one of the potential fathers. Court threw out my statements regarding the mother calling them heresay. Mother did not come to hearing. What is my best recourse, revision or an appeal what is the best strategy?

Protecting retirement pay

HowellJas — Wed, 01 Sep 2010 13:09:57 GMT

My ex and I executed a legal separation in 2004 via a separation agreement. In 2006, an NC court granted our divorce but the agreement was not entered into the divorce decree nor as a court order. Due to failures, we have both agreed the agreement is no longer valid. Child support is now under court order. She has remarried which stopped alimony.

After 20 years of military service, I plan to retire next year. I plan to send her a notatized statement of our agreement's dissolution. Is this a good idea? She will probably contest it when it suits her, like when she hears about my retirement.

Can she still come after my pay with a disputed agreement? If she needs a court order, what would that entail? What are my options at this point?

ex -pot smoking

joso394 — Mon, 30 Aug 2010 07:07:45 GMT

I need some advice...... My ex- admitted in court his wife smokes pot claims his wife needed it for medical reasons and he wanted to help her pain go away....(isn't that conspiracy? Or involvement?) .....he was court ordered to a drug/hair folicle/blood testing/urine after daughter told court counselor that she smoked pot with ex's wife and her son and our younger child walked in on pot smoking...(he probably got high) and father drank and smoked pot...he did not show up for any testing......also, he was arrested/charged and convicted of Aggravated Assault against his step kid in 2007 - did probation for 2 years.... he doesn't visit the kids and has only seen them one time this year for 2 hours....

I have an evidentiary hearing soon and I am representing myself....can anyone give me some great advice......I can't afford an attorney, I am a struggling mom and putting myself through college.....I wish that I had the money for any attorney......I am so nervous....

Please help!

Paying Support While Child is Enrolled in College in NJ

LosingfaithinNJ — Wed, 11 Aug 2010 14:48:30 GMT

I have been reading and researching for weeks and am unable to find some of the answers I am looking for. My brother-in-law has an 18 year old daughter. He filed a motion to have her emancipated which was denied.

According to the divorce papers both parents have joint legal custody with physical custody being with mom. It specifically states NCP is to be included in ALL decisions including religion, school, etc. He has not heard from his ex in 7 years in regards to decisions.

Mom works for our county court system (Family Division). I am trying to figure out how to have this venue changed in order to give him a fair opportunity without prejudice.

At one time, my brother-in-law lived for his daughter. Despite the visitation schedule he would drive her to school so she wouldn't wait in cold or rain at a bus stop and he'd pick her up from school and drive her home. His life revolved around her every move. Over the last few years, mom has been able to brainwash her and now his life is without his daughter and he's miserable.

He's been ordered to continue child support because she is enrolled in college. However, when going through the papers she's supplied him with (after mom enrolled her which is in violation of his divorce order and from what i've researched a reason to have the ruling turned over) I have noticed it specifically states she is enrolled part time and then also shows an online class which she takes at home. This class if valid in adding to the full time credit distinction will put her on 12 credits. Is this construed as full time scholar status?

Judge has also ordered he pay a percentage of her gas expense, maintenance to her car and her car insurance. According to her policy, daughters car is 10+ years old. Mom has her on full coverage and her bill, being a new driver is astronomical! The car was paid for in cash and cost $6,000.00. He was never once asked if he would agree to full coverage and I feel he should be only ordered to pay for her liability (if anything at all).

Mom has excellent benefits including dental and orthodontic through the county. Three months before her 18th birthday they decided to get her braces for cosmetic reasons. This was only found out because she sent him the bill and did not feel compelled to discuss this in advance either.

My brother-in-law lost his job two years ago and has been unable to find new employment, possibly due to his age which is close to 50. He owns his own home and is two months into forclosure and his unemployment account has $3,000.00 left and then he's on his own. He is one step away from being homelessness.

From what I've read on NJ family laws the courts frown upon using the NCP as a wallet source and utilize this and the relationship the child has maintained with the NCP in their decision as well as other mitigating factors.

I am preparing a motion for him to try to have this re-listed in another county but am not sure how to go about doing so. I think his case was unfairly determined because of her position within the family court. Does anyone have any suggestions with regard to all i've posted?

Should I contact my lawyer?

Olivia62 — Thu, 26 Aug 2010 00:17:12 GMT

Last year, I won my child support case with the aid of a lawyer. The NCP is responsible for medical and dental insurance and any medical costs not covered by the insurance - we both have to split 50-50. Lately I have had both medical and dental claims denied because they inform me that the insurance I am using is not the primary insurance of the NCP, it is the secondary insurance. The insurance card I have is for his secondary insurance.

I did not know that he had other insurance, right now I am stuck with the bills - he has not paid his half on any bills this year and I have had to pay out of pocket for a dental bill because the insurance company only paid a little because of the existance of the other insurance. I have sent letters (certified ) to the NCP showing the amounts he owes (the copayments and other medical expenses not covered), and asking him to contact the insurance company.

Should I get my lawyer involved or is there any way I can contact the insurance company myself? I am not on the policy.

Divorce - Child Support - Cancel Direct Deposit.

AClark20 — Thu, 26 Aug 2010 01:33:24 GMT

I was wondering if there was a way I could cancel child support? My husband Doesn't pay it any way because he doesn't have a job and he is re-married and they just took his and his new wife's taxes. and i am having a lot of problems with harassment because of it. He does not have any visitation rights to the children at all. but he still comes around to my home and takes them out without telling me in advance.

CP rights to cs

emilygcp — Tue, 24 Aug 2010 05:22:36 GMT

I am the CP of child. NCP has consistently been in arrears since we have been in court preceedings, over three years. He has been found guilty of contempt four times but has been able to talk his way out of jail time. Two of the occassions he has told the judge he'd pay xx amount of dollars, the judge says great and thats that.

The problem is NCP only pays cs when court is near. DOR is involved and I have fought to get money taken from his paycheck but it hasnt happened yet. NCP works under the table or quits job when cs does come out. I did have a capis for NCP due to comtempt in cs and failure to show for court from a previous occasion but I (stupidly) dismissed it as NCP stated he was doing better finacially and was sending paper work to his current employer. NCP has not sent cs since that last day in court six weeks ago and nothing is coming out of any pay check.

We have the next contempt hearing this week. How else can I get my point across in having about getting money without having to come to court every few months? Can I ask for all money owed (about 4k) or jail time just to show NCP that this is serious? I know the judge will have the final say but what should I say to judge? I dont want to come off as money hungry, I am just advocating the right for cs.

Overpayment of child support

CBJames — Sat, 21 Aug 2010 16:53:30 GMT

I have been divorced since May 29, 2008 and my ex-wife had custody of my 3 children. On March 20, 2009 one of my daughters moved in with me and I finally got custody fixed in May of 2010. But the effective date was March 20, 2009. After the Friend of the Court recalculated the child support they found that my ex-wife should have been paying me $94 a month instead of me paying her $760 a month. Once the 21 days had expired and the new support order was signed by the judge, I received a packed from Friend of the Court stating that "The adjustment left (insert ex-wife's name) overpaid in the amount of $15,207.14. The parties may work out the issue of the overpayment between themselves. The Friend of the court office is not empowered to collect this overpayment. It will remain on the account and be taken into consideration if and when there is a child support charge per a court order. If the parties take care of the matter, please submit a letter signed by both and the credit will be removed from the account." Is there any way I can get this money back from my ex-wife?

CHILD SUPPORT

janelane — Fri, 20 Aug 2010 19:46:57 GMT

i was laid off from my job and because i was a teen at the time they told me i cannot collect unemployment, how much can the court charge me on child support if im unemployed? (currently seeking employment)

CP & NCP trying to reach a C/S agreement out of court..

crusher8 — Mon, 14 Jun 2010 03:34:08 GMT

A little background (you can read my previous post for more indepth info):

Mom (CP & my wife) was found guilty of contempt for a recent out of state visit and ordered to pay Dad (NCP) several thousand dollars in costs he incurred due to the visit & lawyer fees. Mom asked for increased C/S at court date and Judge ordered discovery for September (last time Mom & Dad has calculations was 5 or so years ago.. Mom makes more than Dad, but Dad definitely makes more than he did 5 years ago).

Mom is also asking for 50% cost of braces for child and split out of pocket medical. They were never married and there is no order for uninsured medical or orthodontics in current order.

Guidelines calculated in court would be approx 1/3 of Dad's take home salary -- which he says would leave him unable to provide for his other children. Mom wants to work out a deal with Dad (we don't have thousands to pay him for this contempt).

My question is: If figured out in court, would Dad have to pay guidelines PLUS uninsured medical and braces or would he typically get a reduction on C/S to account for him paying the other items? Is there a cap to how much % of NCPs salary can be taken for C/S for 1 child? We are trying to work out something that would he would accept and would waive what my wife owes without overburdening either family.

Thanks everyone in advance for all the help you have provided to me during this whole ordeal.

MOTION FOR ENFORCEMENT

Jeff Hansen — Fri, 20 Aug 2010 18:58:47 GMT

I am in Texas visiting so I could see my kids. I gave the address to my Ex who took my address to serve me a Motion for enforcement. I am behind on my Child support so I got served this to request to put me in jail ?? Regardless, it says that I am suppose to reply within 20 days to the court.

What forms do I use ?

I am leaving back to Oregon, so I won't even be able to make the court date, what do I do ?

address varified

jaysmom — Fri, 20 Aug 2010 01:56:16 GMT

Is it true that in order to go to court that the noncustodial parent address has to be varified. I have been receiving childsupport but it stopped a few months ago.So I went to have the case go back to court and they stated that when the address is varified I will get a court date. I know for a fact he has not moved.

Question about Direct Depositing and appealing a court order

Mannie85 — Thu, 19 Aug 2010 21:51:52 GMT

So my gf filed a motion to have the ex pay him the child support directly from his paycheck due to bounced checks, using the kids to deliver the checks, and for putting the check in the mailbox with no postage. The thing is that the court gave her a temporary amount beginning on March 2010, but he left on June of 2009. My question is, will she be able to appeal the temporary date in order to go back to June of 2009 after they start doing the direct deposits?

I'm in California if that's helpful.

Out of Wedlock child support Michigan

Sharon A. McConnon — Wed, 18 Aug 2010 17:48:52 GMT

My brother has a child born out of wedlock which he has supported and had no issues with the mother for 13 years. There never has been court support order.

He just received paperwork that the State of Michigan is suing for support. In the original paperwork it was stated that the child was receiving Medicade which is not the case as she works for an insurance company and makes over 30,000 a year. She has a friend who is a social worker who filed the support order as if the child was on welfare/state assistance. Is this some type of fraud/ misrepresentation?

How do you properly go about getting a support order in an out wedlock case where both parents are gainfully employed?

help me need advice

cooldad2 — Wed, 11 Aug 2010 23:22:12 GMT

California resident....ok my wife tells me that after 10 years of marriage that she doesn't know show she is, or has any sense of accomplishment and feels like she wants to be single. We have 3 kids and I caught her a year ago today with a co-worker. We went to counseling once at our church but she didn't want to go back. So when I asked if she wanted to go elsewhere she didn't. So now after all this time she was still sneaking around with the guy but then it got to where she didn't care. Well now she is pregnant and we are still legally married. And i have not left because of our children. We live with in-laws. I know through my religious beliefs I now have the right to divorce, but she was told by her BF to get me checked out because child may be mine. I had a vasectomy 4 years ago while married to her and the doctor who was both our physician says it's highly unlikely..but not impossible. And that all I can do is get DNA when child is born. What can I do now? We have a truck that is almost paid off, what are my rights to our property. And really I don't care about those things just want to know what can I do about my children. I've been told that I need to fight for them because I am the one thinking about them while their mom plays. And to this day she hasn't even told them (15 yrs is her daughter from previous relationship , 11yrs, 6 & 4)...so what can I do to protect my rights as their father. I know I would want 50/50 custody but if they want to do 60/40 with me thats alright too...I love my girls...so please what can I do?

support calculation after a divorce

denso — Sun, 15 Aug 2010 22:15:01 GMT

If a my child’s mother gets divorced, is all the assets she received in the settlement going to change my support payments?

help please!

nibbs — Thu, 12 Aug 2010 19:22:20 GMT

My boyfriends exwife is collecting childsupport for a child that hasnt lived with her for a year now she lives with us. we dont have alot of money and we need advice please?

Summer Vacations

NYDad27 — Wed, 11 Aug 2010 18:19:26 GMT

The children's mother and I agreed to split 4 weeks of summer camps, and we each get 3 weeks of vacation with the children. If one of us chooses a camp for the children during our vacation week, is the other parent responsible for half that cost? Or are expenses incurred during vacation weeks up to that parent?

Divorce & Bankruptcy in terms of Child Support: Which 1st?

JourneyCC — Tue, 10 Aug 2010 20:20:28 GMT

Does the BK work in my and our children's favor in terms of child support if we BK before disolving the marriage? Or better to wait until child support is determined in divorce procedings?

Note: I make 1/3 of what my spouse does, and am trying to protect my children's financial future from 1. our debt stupidity 2. They will likely live with me 75% of the time.

Thanks!