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Old 11-26-2014, 05:28 PM   #1
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Default Why?!

I filed for a modification of CS this past August. The original order is dated 1999, shortly after my oldest was born. All this time I was under the impression that my ex was paying the amount he "should" as way back when it was agreed he would adjust payments accordingly as his income changed. Fast forward to the past year or so. His already somewhat sporadic payments were becoming more so. We had an initial hearing about a month ago and according to CSSA he should be paying approximately $374 bi-weekly. He's been paying $164 bi-weekly.

So finally to my question!! I received a letter today from his lawyer asking for a copy of my daughter's birth certificate. Why would they ask for that?! My ex petitioned (successfully) to be added to it after a DNA test in 1999. He also petitioned (unsuccessfully) at that time to have her last name changed to his. I just don't see why him & his lawyer would be looking for it now. Also can't he get a copy from Vital Statistics?
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Old 11-27-2014, 09:52 PM   #2
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Does anyone know why his lawyer would be asking for the birth certificate copy? I don't have the one they're looking for anyways, just her original one. But it's really making me nervous here!!
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Old 11-28-2014, 01:01 AM   #3
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Default Re: Why?!

He can get one if he's on it. I would respond and say that
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Old 11-28-2014, 08:48 AM   #4
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Default Re: Why?!

I wouldn't freak out about this...as Cf said, just respond that you do not have a copy of the updated version and that he should seek one the same way you would have to, through the courts records (vital statistics) dept. Surely his lawyer knows how to get one.

I really don't understand why you are so nervouse about this. To me all it means is that he has a lawyer who is as lazy as he is and they would both rather pester you (and the lawyer got paid to write that letter to boot) than to do a little leg work on their own.

Unless....he is trying to prove parental alienation. If you have been using only your copy that does not have his name on it and you have not been forthright about him being her legal parent to schools and whoever...but even then...so don't say that you don't have what he wants. Just say that you are not going to give him YOUR copy and he should get his own.
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Old 11-28-2014, 11:16 AM   #5
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Default Re: Why?!

I have used her original copy probably 3 times in her life, none of which were for school. I did register her for her new school this past fall without his info on the paperwork (private Catholic school) per HER request.

He's trying to get me to agree to set up an account to have (the wrong amount) CS deposited into bi-weekly. I've already told him back when he asked in October I wouldn't do that. Now he has the lawyer asking as well, that was also in the letter.
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Old 11-28-2014, 02:14 PM   #6
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Default Re: Why?!

What kind of custody do you have? I don't mean physical custody, I mean just in terms of who has say about what.
If you have joint custody then he could potentially make a stink about the school decision being done behind his back...but he doesn't even know about that yet, right? So, I don't think that is it.

Also, at her age and given her feelings about his inappropriate blaming of her for your settlement issues (his complaints about the CS, etc.), I'm not sure that incidence would carry much weight

Bottom line is that you filed for modification of CS and that's going to hit him, possibly hard, in the wallet. You are in NY? Well then he is supposed to be paying you 17% of his annual gross income for ONE child, then a certain % more for each child thereafter....he probably owes you more than you think. It sounds like he has been paying about half for a long time.

If they look at his past tax returns....he may be the one who really has cause to panic here....and that's probably what is going on. He is trying to divert attention from the CS issue AND he is trying to make you nervouse. Maybe scare you into leaving him alone.

No, you do not have to have a seperate account for cs to go into...and having read your other thread I suspect that is a stupid attempt to make you verify that none of the CS is going to your benefit. Well, he can't do that.

Based on what you have stated here I don't think you have a thing to worry about. Even if he wants to make a fuss about the visitation/school angle...that is still a completely different proceedure than the CS one and he would have to start a completely seperate case to address it - more lawyer fees for him, although it's true you might need to get a lawyer then, too..

If he wants to pay a lawyer to blow smoke in your direction, let him...I personally think this is an obvious case of spite over having to pay what he was supposed to all along.

Stand your ground.....though I do encourage you to go for a free or inexpensive consult with a local lawyer because I am NOT a lawyer and it's certainly possible that there could be things at play here that I am ignorant of...but everything I do know about such matters (and that's quite a bit of shared experience) tells me you have nothing to worry about.
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Old 11-28-2014, 03:21 PM   #7
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Default Re: Why?!

I have sole physical & legal custody. He has unrestricted access to medical, school, etc. records, that's all. He is aware that she switched schools, she was so excited when she got in that she pretty much was telling the world Of course he belittled her about that on top of telling her "your mom can't even afford for you guys to live on your own shes never going to afford THAT!" Yes, I live with family, it is by choice as my mom has a very limited income and isn't in the greatest health, yes I am completely open with the court about that as well.

The judge told us that any change in support will only be retroactive to the date I filed, so it would go back to August is all. So if he's ordered to pay the full $374 bi-weekly I figured it's around $3K in arrears that he would be.
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Old 11-28-2014, 04:43 PM   #8
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Default Re: Why?!

Ok, then, I think you will be fine and he is just pouting....and maybe he found a lawyer who is willing to take his money to do stuff that will be pointless.

Do let us know how this turns out....I just love to hear about idiots failing to escape their responsibilities - especially after they make such stupid efforts to do so. He should be thanking his lucky stars you didn't file for modification a long time ago!
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Old 11-28-2014, 04:59 PM   #9
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Thank you!! We don't go to court again until late January, but I will be sure to update along the way if things come up or after court!
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