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I am New to SFV |
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I am New to SFV |
Hi Dawn...Im from iowa and i have 8yr old twins and a 5yr old boy..Their dad was supposed to pay child support from 2000 on but was in jail so dhs didnt have him pay back child support and he works for a while and quits and he got 7000 from a lawsuit..Im sure he is working but childsupport recovery is slow bout finding out things...can you give me any advice..thank you in advance....
Tina
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I am New to SFV |
Hi dawn i hope to hear from some one soon i am frustarted. I have a five year old i filed with cse when he was 6 weeks and the father lives in Il and i live in georgia. They keep saying that when they go to serve him he has moved or isn't home and he keeps changing jobs. I feel like i am getting no where and all i want is for my son to have some type of support from his father. i didn't make a baby alone and shouldn't take care of one alone. are there anyother options out there for me. thanks. BTW we havn't heard from him since nov 10th of 2001. so i believe that terminates parental rights but not support issues. |
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Learning to Surf The Board |
I don't know about you guys, but here in Ohio child support offices are terrible. Once I called with a question, I was on hold forever, then a guy told me with attitude,that I can't ask for more child support just because I want it. I could not believe it! Anyway, here's my spil. My ex pays child support, but not his half of the childcare payments (as agreed in mediatioin before the divorce). I really can not make it without that money. I am really struggling right now. I have heard of something called" a motion to show cause". How do I do that without a lawyer? Any suggestions?Thanks everyone in advance.
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Parent on Board |
I have been trying to get support for my son for nine years. We have been to court several times and he never shows up. I call down to the support office and they tell me that. If they can't find employment under his ss# there is really nothing they can do. And that the case will not go back to court for another year. Well that year is coming up. The last time I went to court which was last october the judge stated that he never picked up the certified letter. She also stated that I could go to the sheriff department and have them pick him up. The only reason, I have'nt done that is because he has other children in his home my son is his youngest child. But sometimes I just want to go in front of his house with a blow-horn and yell there's a dead-beat living here that refuses to pay child-support.
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Parent on Board |
jstgrl: I am not the expert when it comes to child support. But suggest going to your court house for your county and ask for the division of family law. They should have someone there to help you get papers to "a motion to show cause"regaring him not paying child support. It may save you time and your money having a lawyer do it
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Learning to Surf The Board |
thanks for your reply atwitsend!
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On the Board |
Jstgrl:
It's actually called an "Order to Show Cause" (OSC). But, that is not what you need to file. There is already an order for him to pay. The real question is what enforcement remedies are available to you? He is in contempt of court, so you can always file an action for contempt. In CA it is 5 days in jail for every month he failed to pay (willful). However, unless the arrearages are large, most counties are not willing to do it (although it is rather easy). You really need a wage assignment so it comes out automatically. If he owns a home, you can slap a lien on it. The County can also intercept his tax returns, suspend his driver's license and other professional licenses.....there are many enforcement tools out there. If you need more info, send me a PM and I will try to help. |
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I am New to SFV |
What about struggling single who can barely feed the kids in their care, paying child support for one child that I have joint custody of, and going to court to find out how much I have to pay to my other ex. I know the law and am experiencing non-payment myself, but I also know that in my circumstances , however harsh they are, even though one ex makes 90k-100k a yr and the other makes 85 k a year that they will still say I owe as much as if I were making minimum wage. I am a paralegal student and know first hand that I will be screwed. I also know these jerks do not need my money but are doing it for sefl amusement because they know I am struggling. I have a 5 yr old whose father was murdered and the ex taking me to court now is paying me back the $20,000 he took from her money to pay for his own things like the credit card bill for his big screen tv and the furniture which he has, and HIS student loan. There is no justice for someone like me. Why? because by law BOTH PARENTS must pay for the care of a child. If you can't do that , like in my situation,the rich get richer and the poor get poorer. I probably won't even get a reprieve. It doesn't matter that I am taking care of two children who really have no fathers to speak of, one is a serious dead beat, one was murdered. Yet, if I can't pay I'm a dead beat. Where is the justice here? In my situation it is really an inability to pay, If I had it I would give it. Sorry, I have posted this several times on this forum. I am upset that is all.
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Board Member |
I have a few questions....
My ex is of course seriously overdue on his CS... he is now using the excuse that he's not working... all the while living in a very nice area in Manhattan (NYC), wearing Dolce Gabanna shoes, and owning a Treo cell phone, plus he flaunts the fact that he could pay dinner for his other kids when they come to visit him.... When asked he claims that his girlfriend is providing him with all of this (double loser)... I know for a fact that he works with her on her business. He is listed on a website as the VP of Sales and Marketing.... My question is... how do I get to prove to the court that he's working, just not getting a regular paycheck, but working under the table and getting money from his girlfriend? What other recourses do I have? Evidently, he hasn't filed a tax return in a few years, so the tax intercept is not working... Right now I'm waiting on a date for him to appear in court in NYC in regard to his arrears and I want to prepare myself as best as possible. I don't have an attorney, nor can I afford one. Any and all suggestions are welcome. |
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"Resident Insanity Expert" Forum Board? No- KeyBoard! |
It's my understanding that most states do an automatic wage with-holding. Of course if the non-custodial parent is self employed like my tight-wad ex there's not a whole lot they can do about. He pays every month but he either splits up the checks or waits until the very last second to pay.
He does this on purpose because he knows I'm on disability and it will totally screw up my life. Well he's in for a real treat. I just signed papers to have an adminstrative review to raise his child support. Not only did his income change in the 3 years it's been since he started paying, but since I finally was awarded my social security disability that dramatically changes things. Oh I should add that for 7 years he didn't pay squat. I was working and actually making more than he was so I let it slide as long as he was willing to help me with expenses that involved the kids. When I first had to stop working for some reason it angered him and he decided not to help out. That's why I had to file for child support with the county. Each time he gets pissed off about the money, he ends up paying more. Now I'm not too sure but I think I remember reading somewhere that the definition of stupidity is doing the same thing over and over expecting a different result. Sounds about right to me! My blue-eyed babies Courage isn't the absense of fear but the willingness to act in the face of fear. |
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Board Member |
BasicallyAmy, we already have a wage withholding order against him, but since he states that he is not working, then CSE can't enforce it. The state has also suspended his DL.... now we are just waiting on a contempt of court hearing... well, actually a date first and then the hearing. I printed out a copy of the website, with his picture next to the name and title, but how will this hold up in court? If at all? Should CSE go ahead and send the wage withholding order to the address listed on the webpage? which is actually his home address, they have a work from home business, all under her name. If she rebuttals this, then where do I go from there?
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"OCD for SFV" Board Beacon Parent |
I have a similar case: my ex and I separated for a short time when he went into the army and decided to leave me with his mom for a year when he went to GA. He was meeting all kinds of women from the internet and I figured it was just the beginning of the end for us. I went out with one guy for about 2 months. I got ready to end it with the other guy and found out I was pregnant. I called my husband that night and told him I would take care of the child on my own, we should get divorced. He said he didn't want a divorce, that he wasn't happy with how it happened, but we both wanted children, so we would make it work together. He signed the birth certificate and all was well. Fast-fwd 5 yrs into the future. We have 2 children and separate over his po-rn addiction which cost us everything. His gf was pregnant by the time we finally split for good. He decides to support his gf, her son, and their child instead of helping me support our children, and decides that after being the only father he's ever known, that he wants to contest paternity for our son. I was lucky. According to Oklahoma law, if the parents are married at the time of the birth and paternity is not contested for a period of 2 years, it cannot be contested by ANYONE. He can't just come home and play daddy while it's convenient and then say, "Fun's over, I don't wanna pay" when it comes to child support. It's traumatizing to children to have a parent say they don't want to be your parent anymore. That's why these laws were enacted. I wish you luck with your situation. If you need help with it, PM me and I'd be glad to help you research the laws in your state. Angela's Myspace _________________________________________ Life is a parade of fools.... and I'm at the front twirling the baton. |
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I am New to SFV |
Im not sure if anyone has asked this or if it was answered im at work and have to work fast so If i could get some information on my question i would much appreciate it
Q: If i were to marry someone who had a child with someone previous then me and she were to request child support, do i have to help pay it out of what i make from work just because he is married to me or if I make way more then him. The person who he was with before has not claimed for child support but I feel as soon as she finds out that he is married to me she might try cause she wants nothing to do with him and she never pushed for child support cause they just want to leave each other alone but she is the type to want to get back at him if were to get married just out of anger. I have nothing against her of his child with her its just i wanted to know cause i have been told by some people that if u marry someone who has had a kid or childern with another person and u make more or regardless on what u make, if they end up having to pay child support the spouse has to also pay even though they have nothing to do with someone else child. I live in Texas so im not sure whether it depend son states. I tried to find information on child support in Texas but I got no where with what i wanted answered. Thank u for ur time. ~D~ |
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"Who me......?" At A loss for Words - NOT! |
if she requests child support in the state of Texas, aproximately 20% of his (biological father) income is considered. (unless you have adopted this child)
Here's a link to a child support calculator http://www.alllaw.com/calculators/Childsupport/texas/ IMO - I would have your husband request the Attorney Genral in Texas to start logging Child support. That would protect your financial situation if the biological mother sues for back child support. here is a link to the Attorney Gen. office in TX concerning child support http://www.oag.state.tx.us/cs/ |
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