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Old 02-23-2015, 02:41 PM   #1
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sorry Court soon---advice needed

So it's taken nearly a year for the state to finally submit the paper work to get my Ex up before a judge to answer for himself. He's nearly 20 thousand dollars behind on child support. He's had job, lost a job, got another job, lost a job. Signed paper state papers that he'd pay and on time...and then didn't. He's even tried to start his own "company" to side step having the state take the money directly from his checks. He's currently unemployed and staying at his parents. Now that I finally have a court date for him to answer before a judge why he hasn't sent a single dime in months he is requesting through the state to have child support recalculated and I've been served these papers twice in one week? I'm confused why this would even be relevant considering they have all my current information on file and his...and we have a court date to discuss all this with a judge? What is he trying to do? Also...what will likely happen in court? I was told first that I wouldn't need to be there and that the state would send someone on my behalf. Then I received a summons and told I needed to be there. And since I'm the only one with a job I submitted paper work to see if I could attend by phone but was denied. My ex has sent me emails saying how he "can't wait to see me in court" and frankly I'm wondering what the heck is going on and what to expect.

Any insight would be greatly appreciated.

-thank you, TiredKitten
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Old 02-23-2015, 03:18 PM   #2
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Hi Re: Court soon---advice needed

keep in mind, there is interest on the arrearage.... just saying
anyone can ask for a court date, they are all getting paid, so they never deny anyone... again just saying

"What is he trying to do?" Grossly misuse the justice system !!! and bog it down, he is a POS.

what will likely happen in court? if you stay true to your kids and no one else, nothing, cause he is "capable to pay the ordered amount" he just isn't 'paying' due to what ever reason.

Do you need to be at court? no but YOU are the expert of YOUR situation and this IS your children benefits, so you are invested and SHOULD be there to make sure people are doing there jobs right for your children.

My ex has sent me emails saying how he "can't wait to see me in court" and frankly I'm wondering what the heck is going on and what to expect. - he playing poker with ya, to through you off, keep your eye on your children needs, don't let him be apart of your equation, if you are playing fair you have nothing to worry about, just don't wig out.


and all we ask is that you read and help others by replying to their posts, even support on someone venting is always welcome.
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Old 02-23-2015, 06:31 PM   #3
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Default Re: Court soon---advice needed

These are two different issues.

1. Comtempt for non payment. This one the state can handle. He isn't paying, he is supposed to, so the state is foing ronsanction him. They do not need you for this.

2. Modification. He has a right to modify child support. This you have to be present for. You have aneight to object. You have a right to present evidence that he is intentionally sabotaging his jobs, or threatening you are child support or hahahaha 'ing you and saying he will never pay...... But that requires your personal appearence.

This is not him harrassing... It's court rules and procedure.
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Old 02-23-2015, 11:18 PM   #4
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Default Re: Court soon---advice needed

Ugh. Hang in there. He's just playing games. He's probably freaked out about enforcement coming after him, so he went on the offensive and filed for a CS review. Typical, from what I've seen of non-paying NCPs. I would highly suggest you attend in person. I wouldn't miss it. You never know what will be said or done. Once the court orders something, trying to undo it is very challenging. If you can swing it, I'd get an attorney, too.

By the way, mine did the same thing...CS enforcement FINALLY after 2 years found his employer, battled with the German agencies and began to enforce garnishment. Then, I received a notice that he'd asked for a CS review. Suddenly, he was unemployed. Riiight. So, of course, now the German agency says they will not order enforcement until after the CS review hearing (March 20). I don't really care...just racks up his arrears even higher (he currently owes over $18k).

Good luck to you!
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Old 02-24-2015, 12:51 PM   #5
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Default Re: Court soon---advice needed

Hi Tiredkitten,

I know it "FEELS" like harassment, I get it, it totally sucks. My ex did/does all kinds of things that are his "legal right" because he can. (He informed me he is also filing to modify, but I haven't heard anything from CS so not worrying about it until it's in front of me).

The thing with the court battle is--he does have the right to file for modification, doesn't mean he will get it, but he can file any time he wants to. There are other exes here who just make it their business to file and file and file, even though that costs $$ and yet they can't "afford" to support their children. It's ridiculous. Unfortunately that's how the civil court system works.

Do your best to surround yourself with people who support you, and do you have an attorney? Gather all your documentation of his refusal to pay child support, and provide the information to the court. I am hopeful that you will have an attorney, or at least one to consult before going to court so you are ready.

Hang in there!! He has a terrible track record and it will catch up with him.
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Old 02-24-2015, 02:28 PM   #6
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Default Re: Court soon---advice needed

I'm confused? I thought the state was sending a representative to be there for/with me. Should I have my attorney there? I can't imagine how much $$ that would cost. I'm saving for a bigger battle. I don't have any emails of him directly saying he wasn't going to pay. He just flat out didn't. He's nearly 20 grand behind now.
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Old 02-24-2015, 03:12 PM   #7
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Default Re: Court soon---advice needed

Maybe just be there yourself and save the attorney money for later?
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Old 02-24-2015, 03:16 PM   #8
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Default Re: Court soon---advice needed

Hi TiredKitten,

in the service that you got--was it for a modification of child support? I'd check with the CS folks--just to be clear you know what the hearing is for and what will be addressed.

i may be confused, but it sounded like you were served for a separate hearing.

you already had your day in court scheduled for his failure to pay, that the state was taking care of for you.

But then you got served papers from him for the modification...?

if there are two, i'd think about consulting with CS and your attorney. your attorney should at least know that your ex served you.
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Old 02-25-2015, 03:24 PM   #9
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Default Re: Court soon---advice needed

I spoke with CS. They are going to the courts in March for my ex to be held responsible. Apparently what my ex is going is trying to modify and base it off his 0... And yah, I can't afford an attorney to do both. I"m saving my pennies to have the exchange locations changed, among many other things... Feeling hopeless about it all right now.
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Old 02-25-2015, 04:49 PM   #10
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Default Re: Court soon---advice needed

Hi TiredKitten,

I'm so sorry you have to deal with two hearings. I'm really glad CS is going to the courts in March.

As for his modification, I'd just check in with your attorney to let him/her know and totally get you can't afford to have representation there, but maybe a consult can help you understand what you need to show and do. When is the modification hearing?

Good luck!
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Old 03-09-2015, 02:11 PM   #11
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Default Re: Court soon---advice needed

Don't worry about it too much. If it is legitimate, then it will be modified and all is well.
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Old 03-10-2015, 01:40 PM   #12
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Default Re: Court soon---advice needed

Quote:
Originally Posted by TiredKitten View Post
I'm confused? I thought the state was sending a representative to be there for/with me. Should I have my attorney there? I can't imagine how much $$ that would cost. I'm saving for a bigger battle. I don't have any emails of him directly saying he wasn't going to pay. He just flat out didn't. He's nearly 20 grand behind now.
CSE send a representative for them, and CSE is helping you, but the rep isn't there for you per se' this way the representative isn't taking any parents side, they are working for the CSE dept. and CSE is there to help you in ensuring your children rights for support. ( its all compartmentalized ) so you dont need an attorney, but you should be there, (you can expose his falsehoods or better explain thing that may have gotten lost in translation from CSE to their legal rep )

hope that helps
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Old 05-07-2015, 06:23 AM   #13
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Default Re: Court soon---advice needed

My ex recently did the same. He still hasn't paid one single months worth of CS, was found in contempt this past Friday for non payment and because he's a special guy has already filed for modification.
You definitely need to go. Like many of us, mine said he would stop working and essentially has... BUT he owns 4 businesses, they are still open, his employees are still there, but he's not. SO I will have to go in and tell the court this is happening. You need to be there to tell your story. Believe me, it will be worth it.
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Old 05-13-2015, 02:41 AM   #14
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Default Re: Court soon---advice needed

Quote:
Originally Posted by thensheflew View Post
My ex recently did the same. He still hasn't paid one single months worth of CS, was found in contempt this past Friday for non payment and because he's a special guy has already filed for modification.
You definitely need to go. Like many of us, mine said he would stop working and essentially has... BUT he owns 4 businesses, they are still open, his employees are still there, but he's not. SO I will have to go in and tell the court this is happening. You need to be there to tell your story. Believe me, it will be worth it.
This depends on the state you live in. In my home state, you are not given a chance to even speak. It is a cattle call. The court reams the father/mother for not paying and he/she is hauled off to jail, or a warrant is issued for a failure to appear. But the parent not receiving the payment is not allowed to speak if the state is the one bringing the motion. Now if I am bring the motion as a privately retained attorney, I speak for my client, and my client may appear and speak. In that case, the court will listen. Given I can ask for confinement just like a DA, it can be much more fruitful for a client that can afford to hire a private attorney in my state.
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Old 06-28-2015, 09:32 PM   #15
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balloons Re: Court soon---advice needed

Everyone reading this you have to do the work i always check everything in Thier social security number Bank accounts apts cars everything the states dont tell you thats you can put a Lean on what he owns now you call the irs an find whatever you can on them if you have a cell number do a reverse look up the add almost always comes up last resort ask court for a contempt warrant after 5000 its good.i have eight kids you play you pay i always get it done
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Old 06-30-2015, 02:41 AM   #16
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Default Re: Court soon---advice needed

Again, it depends on the state.......
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