Ok, quick background here: Husband and ex wife have had child support amount set through courts, always taken from husband's check and sent through a clearinghouse.
When husband's ex-wife had deployment papers, they both went to the court, and agreed to stop child support payments since their child would be going back and forth between my husband and the child's grandmother.
Now she is back (after being gone almost two months) due to an injury, and is claiming that my husband owes her back child support, and wants it in cash. I guess her purse got stolen and she needs money now. Wouldnt that be a gift?
She is calling the house and being very rude to our nanny. We have never been on good terms with her, but I think she is crossing the line.
Should my husband tell her she has to go back through the courts to get the support started again?
Is there a way to set up that she cant call while my husband is working?
Im so sick of this drama!
Answers:
That's exactly what your husband should tell her IF the court stopped support. If they did, then he will have an order attesting to such.
Just to add, YOU don't tell her anything. This is not your issue. Just to clarify the issue for some people who keep saying on this forum that %26quot;YOU%26quot; should do something when the %26quot;YOU%26quot; is not a party to the legal issues.
If you went to the court and she agreed to stop the payments, then you owe her no child support. If not, you will most likely be ordered to pay.
WHATEVER you do, DO NOT give this woman anything in cash. It's difficult to prove and the judge will tell you that you should have known better. I see these types of cases all the time. The best thing to do is to only deal with the court. Comply with all aspects of the court order and you will be fine.
If you are not paying now, have the husband go back to court on his own and start them again. Don't wait for her because one - it looks bad and two - she may try to have the initial order altered and that could cost more for you.
As for the calls, tell her not to call anymore. Advise her that you will file harassment charges and get your attorney involved which will cost her even more in the end. If that doesn't work, report her for phone harassment.
Did the court say how long he did not have to pay child support? Anyway I would say that it would have to be up to the court to get it started again. As far as her calling while he is at work, do you have caller ID? If you do don't answer when she calls.
she has to go through the courts if she wants the payments to start again. you should file for a restraining order and block her phone number.
Take it to court again. She is not due back support as there was a court agreement before she left. You can get a restraiing order for certain things like not calling him at work too!
a court order stopped the child support so therefore she isn't eligible for back payments. Check with local police about the nanny recording the conversations with her. --for evidence about harrassment. Different states have different requirements. I'd talk to my lawyer... not about re-establishing payments, but about getting custody away from her. she sounds unstable.
If the court stopped the child support then you need to tell her. Over the phone or in person. If she keeps on bothing you, you might want to noitcefy the court or something like that! This will let her know that you are telling the truth-some people just stay in denile. Tell her that if she wants child support she is going to have to go through the court and maybe you should ask if she is having an hard time that maybe you could help? If not she is being a witch and if you want to fight fire with fire let the judge know that she is harssing you!
Well, you said they wento court to stop child support, so it should be documented that he doesn't owe her. Now that she is back, he should start paying her the amount that went to her through the clearinghouse directly until you go back to court to get it reinstated. (Otherwise, they will probably assess the time she was back anyway. ) Then it can come from out of his check again. Politely ask her not to call you during the hours of _ to _. If she doesn't listen, invest in caller Id and buy a phone that has ringtones you can set. Set her to a distinctive ring, and don't answer. Record how times she calls, report it when you go to court. It's your home, and you can ask her to not call.
You stated that they went back to court to get the child support stopped, temporarily. If it was in the courts and it was agreed by both sides, then she has no leg to stand on.
Depends on the agreements made and what is on paper. I work in child support court all day. Unfortunately, if there is no legal binding agreement, there is no way that the guy can show he isn't supposed to pay each month. Now, if he even paid $1.00, he would need a receipt to show where he has helped with the support over a period of time. Trust me. Judges like receipts.
Good luck. I've seen it all before.
Thursday, June 18, 2009
Child support problems no one is interested in !?
I have just moved to missiouri to receive medical treatment here. ( end-stage hep-C got as medic in Viet-nam ) I have been faithfully paying my child support all thru the years my children were growing up. My child support order was started ( court order) in Washington state. They are the receiving state. My children are now 29 and 24 years old and I am paying a balance amount of child support that was tallied afer they both were 18 yrs old. The court in washington state held a phone interview and decided that; when my older son was 21 that they had only recieved child support until he was 18 and they long longer had a copy ( of the 18 yr. old stop date) sitting in front of the judge , sooo., they wanted 3 years back child support. I said i would send them ( fax ) a copy of the order , but judge said %26quot; it should be in your file, since it isn't pay the 3 years back owing!%26quot;
Long to short, now in missiouri, they want it all now( iv'e been paying a low monthly amount) I need help !
Answers:
Do you have a court order from the last hearing that stipulates at what amount you are to pay?
If so, has there been a new order issued?
EDITED BASED ON RESPONSE:
First of all, Missouri has no jurisdiction except to act as collector for Washington. so you getting po'd at Missouri is a waste of effort.
Secondly, you need to file an appeal to the District Court in Washington with a Motion to set aside the previous order on the basis of Judicial Mistake.
And then you have a lot of reading to do.
DOE V. IRWIN, 441 f. SUPP. 1247, U.S. DISTRICT COURT OF MICHIGAN (1977)
%26quot; courts (must) indulge every reasonable presumption against waiver of fundamental constitutional rights, and... .not presume acquiescence in the loss of fundamental rights%26quot;
DIMICK V. SCHIEDT, 293 U.S. 474 (1935); 304 US at 464
%26quot;Disobedience or evasion of a Constitutional mandate may not be tolerated, even though such disobedience may not be tolerated, even though such disobedience may. . . . promote in some respects the best interests of the public.%26quot;
WATSON V. CITY OF MEMPHIS, 83 S.Ct. 1314, 375 U.S. 526, 10 L.Ed. 2d.(1963)
The pleading of one who pleads pro se for the protection of civil rights should be liberally construed.
BLOOD V. MARGIS, 322 F.2d 1086 (1971)
%26quot;We find it intolerable that one Constitutional right should have to be surrendered in order to assert another.%26quot;
SIMMONS V. UNITED STATES, 390 U.S. 389 (1968)
%26quot;Whoever, under color of law, statute, or ordinance, regulation, or custom, willfully subjects any inhabitants of any state to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or Law of the United States. . . shall be fined no more than $1,000 or imprisoned one year or both.%26quot;
Title 18 U.S.C.A. 242 (U.S. Criminal Code)
Title 18 U.S.C.A. 241, 242 are the criminal equivalent of Title 42 U.S.C.A. 1983, 1985 et seq. %26quot;Judges have no immunity from prosecution for their judicial acts.%26quot;
BRADLEY V. FISHER, U.S. 13 Wall. 335 (1871)
%26quot;When a judge acts intentionally and knowingly to deprive a person of his constitutional rights, he exercises no discretion or individual judgement; he acts no longer as a judge, but as a %26quot;minister%26quot; of his own prejudice.%26quot;
PIERSON V. RAY, 386 U.S. 547 at 567 (1967)
%26quot;We should, of course, not protect a member of the judiciary %26quot;who is in fact guilty of using his power to vent his spleen upon others, or for any other personal motive not connected with the public good.%26quot;
GREGOIRE V. BIDDLE, 177 F.2d 579, 581.
%26quot;Government immunity violates the common law maxim that everyone shall have remedy for an injury done to his person or property.%26quot;
FIREMAN'S INS/ CO. OF NEWARK, N.J. V. WASHBURN COUNTY, 2 Wis.2d 214, 85 N.W.2d 840 (1957)
Immunity fosters neglect and breeds irresponsibility, while liability promotes care and caution, which caution and care is owed by the government to its people.%26quot;
RABON V. ROWEN MEMORIAL HOSP., INC, 269 NSI. 13, 152 S.E.2d 485, 493 (`1967)
Do you have a phone book with attorneys in there?
If you haven't spoken to a lawyer you should, if you have records that say you've made the payments already he'd probably be able to help you straighten it out.
See a lawyer and bring all of your documentation with you and make sure that you give them the copies and keep the originals.
I don't have a legal answer but it doesn't sound right unless the they attended college, I've always heard you must pay after a child is 18 as long as they attend college. Never heard of anyone paying child support after 18 years of age without furthering schooling unless it was back child support owed. Good luck.
I sympathize with you; the %26quot;family courts%26quot; are notorious for doing stuff like this to decent parents. I have no idea what you can do... maybe contact the bar association in Missouri.
All can offer is moral support, on this one.
God Bless.
Shouldn't have had kids in the first place. Now pay up. And you thought hookers were expensive.
contact a lawyer
Hey,I got one for you too.5 years ago I had mine reduced but since his mother has not paid her lawyer and I didn`t have one.The order from the judge has never been filed.I also had a woman from my past have a child I never knew exsisted.When the child was 5 years old she took me to court for support.I had a DNA test prove I was not the father.But since my name was on the birth certificate the judge made me pay for the 5 previous years for a child that was in fact not mine or that I never knew about...We as fathers are looked upon as worthless scumbags in the courts and always will
I live in ca, and never missed a payment or made a late one. My ex on the other hand hasnt made a single payment in three years. Not one. Think the state went after her? Nope. Not one dime to help feed or house her child even when she was sitting on a 100K from an accident settlement she got. get used to it. I learned one thing a long time ago. You are in this world alone when you come in, and when you go out. I sincerel hope you get a break. You need one. Very sorry to hear about this too. Though others might really want to help and often do, at the end of the day you are really on your own. It was a bitter lesson for me. Good luck and may good fortune shine down on yours. One last and very important thing. Thank you for your service to this country! Our freedon is directly attributable to the men and women in uniform, regardless of how they serve or what they did in the servcie. My hats off to you for trying so hard. i would file an appeal. Just becuase the court dfidnt have it in the file doesnt mean it isnt a valid legal order.
Someone has a copy of that original order. I would suggest (yes it will cost) that you contact the court records department and have them copy the entire file.
I'm at a loss as to why you had to pay support after they reached 18.
Sorry to hear about your problem. I would find a lawyer that would help you with small payments to the lawyer. If you go after the FOC by yourself you will only find greif and they will never listen to you. Why you would have to pay child support for a kid over 18 or not in high school is very generous of you. In Michigan they are cut off at 18 or when they are done with high school if they are still in high school. Trying to collect back support just does not happen here. The FOC really does not have the time to enforce it even within the state. Out of state must be even harder.
Good luck, But hire a lawyer or see if there is legal aid that could help you. Sounds like you have been trying to keep your payments even if they are small. You have been trying and that says a lot about you.
You need to get a lawyer...if you have a copy of the court order the judge signed it and put a seal on it verifying it's authenticity , HE MUST accept it! They cannot make you pay the entire amount in full. I am a mom, 2 kids, 2 fathers...my oldest sons father has been in prison for 3 years and before that just refused to work..he has racked up over 20,000 in back support...yes that's 20thou...and he's only been ordered to pay $50 a week! Now that he's been released on parole he is FORCED to get a job and keep it...when CSU catches up to him they will garnish his wages for the $50 a week and $10 in arrears! He will never finish paying that off...my youngest sons father pays his support as ordered. The one time he didn't he was injured at work and collected workers comp. They didn't catch that in time to garnish so he ended up over $600 in arrears, we went to court and he agreed to pay $100 biweekly to pay it off...He is ordered to pay $146/biweekly. He has since paid off what is owed and back on track. When we were in court, the judge ASKED HIM what he could pay..HE came up with the $100/biweekly. The judge ASKED him if he was sure...stating that SHE COULD NOT take more money out of him then he could pay...that it was UNLAWFUL for the court to put him below poverty level! If you owe an amount and have paying that amount faithfully, then there shouldn't be any problems...if the agreement is being fulfilled then the judge can't take it all out of you at once. My oldest sons father is back so much money, he lost his license, has been in and out of jail for not paying (he has 3 kids with 3 women and doesn't pay the support on any of them) He took his daughters mom to court to get support lowered ($30 is his court order for her) and the judge laughed at him...He asked what he needed to do to get his license back and she told him %26quot;pay your support...if you pay $1500 right now you can have your license%26quot; Amazingly he came up with it that day.
I would definitely call your lawyer..you have rights as the payer...and since you have a copy of the court order (good move by the way) the judge HAS TO ADHERE TO THAT ORDER unless you all go back to court and it gets modified...there is a process that has to be followed...get in touch with your attorney...
My biological father was court ordered to pay $17 a week for my sister and I (ye for both of us..lol) He just now finished paying that off...I'm 30! He lives in Florida...we grew up in upstate NY. So you see...as long as you pay what you are ordered then the court can not make you pay off the remaining balance in one lump...no matter how low the payment is or how long it takes you to pay it off...you and your kids mom agreed to the current payment and it is up to her to take you to court to get it raised...like I said, if you are paying the balance, then there is NO reason for the court to change it, they can't..Good luck
Long to short, now in missiouri, they want it all now( iv'e been paying a low monthly amount) I need help !
Answers:
Do you have a court order from the last hearing that stipulates at what amount you are to pay?
If so, has there been a new order issued?
EDITED BASED ON RESPONSE:
First of all, Missouri has no jurisdiction except to act as collector for Washington. so you getting po'd at Missouri is a waste of effort.
Secondly, you need to file an appeal to the District Court in Washington with a Motion to set aside the previous order on the basis of Judicial Mistake.
And then you have a lot of reading to do.
DOE V. IRWIN, 441 f. SUPP. 1247, U.S. DISTRICT COURT OF MICHIGAN (1977)
%26quot; courts (must) indulge every reasonable presumption against waiver of fundamental constitutional rights, and... .not presume acquiescence in the loss of fundamental rights%26quot;
DIMICK V. SCHIEDT, 293 U.S. 474 (1935); 304 US at 464
%26quot;Disobedience or evasion of a Constitutional mandate may not be tolerated, even though such disobedience may not be tolerated, even though such disobedience may. . . . promote in some respects the best interests of the public.%26quot;
WATSON V. CITY OF MEMPHIS, 83 S.Ct. 1314, 375 U.S. 526, 10 L.Ed. 2d.(1963)
The pleading of one who pleads pro se for the protection of civil rights should be liberally construed.
BLOOD V. MARGIS, 322 F.2d 1086 (1971)
%26quot;We find it intolerable that one Constitutional right should have to be surrendered in order to assert another.%26quot;
SIMMONS V. UNITED STATES, 390 U.S. 389 (1968)
%26quot;Whoever, under color of law, statute, or ordinance, regulation, or custom, willfully subjects any inhabitants of any state to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or Law of the United States. . . shall be fined no more than $1,000 or imprisoned one year or both.%26quot;
Title 18 U.S.C.A. 242 (U.S. Criminal Code)
Title 18 U.S.C.A. 241, 242 are the criminal equivalent of Title 42 U.S.C.A. 1983, 1985 et seq. %26quot;Judges have no immunity from prosecution for their judicial acts.%26quot;
BRADLEY V. FISHER, U.S. 13 Wall. 335 (1871)
%26quot;When a judge acts intentionally and knowingly to deprive a person of his constitutional rights, he exercises no discretion or individual judgement; he acts no longer as a judge, but as a %26quot;minister%26quot; of his own prejudice.%26quot;
PIERSON V. RAY, 386 U.S. 547 at 567 (1967)
%26quot;We should, of course, not protect a member of the judiciary %26quot;who is in fact guilty of using his power to vent his spleen upon others, or for any other personal motive not connected with the public good.%26quot;
GREGOIRE V. BIDDLE, 177 F.2d 579, 581.
%26quot;Government immunity violates the common law maxim that everyone shall have remedy for an injury done to his person or property.%26quot;
FIREMAN'S INS/ CO. OF NEWARK, N.J. V. WASHBURN COUNTY, 2 Wis.2d 214, 85 N.W.2d 840 (1957)
Immunity fosters neglect and breeds irresponsibility, while liability promotes care and caution, which caution and care is owed by the government to its people.%26quot;
RABON V. ROWEN MEMORIAL HOSP., INC, 269 NSI. 13, 152 S.E.2d 485, 493 (`1967)
Do you have a phone book with attorneys in there?
If you haven't spoken to a lawyer you should, if you have records that say you've made the payments already he'd probably be able to help you straighten it out.
See a lawyer and bring all of your documentation with you and make sure that you give them the copies and keep the originals.
I don't have a legal answer but it doesn't sound right unless the they attended college, I've always heard you must pay after a child is 18 as long as they attend college. Never heard of anyone paying child support after 18 years of age without furthering schooling unless it was back child support owed. Good luck.
I sympathize with you; the %26quot;family courts%26quot; are notorious for doing stuff like this to decent parents. I have no idea what you can do... maybe contact the bar association in Missouri.
All can offer is moral support, on this one.
God Bless.
Shouldn't have had kids in the first place. Now pay up. And you thought hookers were expensive.
contact a lawyer
Hey,I got one for you too.5 years ago I had mine reduced but since his mother has not paid her lawyer and I didn`t have one.The order from the judge has never been filed.I also had a woman from my past have a child I never knew exsisted.When the child was 5 years old she took me to court for support.I had a DNA test prove I was not the father.But since my name was on the birth certificate the judge made me pay for the 5 previous years for a child that was in fact not mine or that I never knew about...We as fathers are looked upon as worthless scumbags in the courts and always will
I live in ca, and never missed a payment or made a late one. My ex on the other hand hasnt made a single payment in three years. Not one. Think the state went after her? Nope. Not one dime to help feed or house her child even when she was sitting on a 100K from an accident settlement she got. get used to it. I learned one thing a long time ago. You are in this world alone when you come in, and when you go out. I sincerel hope you get a break. You need one. Very sorry to hear about this too. Though others might really want to help and often do, at the end of the day you are really on your own. It was a bitter lesson for me. Good luck and may good fortune shine down on yours. One last and very important thing. Thank you for your service to this country! Our freedon is directly attributable to the men and women in uniform, regardless of how they serve or what they did in the servcie. My hats off to you for trying so hard. i would file an appeal. Just becuase the court dfidnt have it in the file doesnt mean it isnt a valid legal order.
Someone has a copy of that original order. I would suggest (yes it will cost) that you contact the court records department and have them copy the entire file.
I'm at a loss as to why you had to pay support after they reached 18.
Sorry to hear about your problem. I would find a lawyer that would help you with small payments to the lawyer. If you go after the FOC by yourself you will only find greif and they will never listen to you. Why you would have to pay child support for a kid over 18 or not in high school is very generous of you. In Michigan they are cut off at 18 or when they are done with high school if they are still in high school. Trying to collect back support just does not happen here. The FOC really does not have the time to enforce it even within the state. Out of state must be even harder.
Good luck, But hire a lawyer or see if there is legal aid that could help you. Sounds like you have been trying to keep your payments even if they are small. You have been trying and that says a lot about you.
You need to get a lawyer...if you have a copy of the court order the judge signed it and put a seal on it verifying it's authenticity , HE MUST accept it! They cannot make you pay the entire amount in full. I am a mom, 2 kids, 2 fathers...my oldest sons father has been in prison for 3 years and before that just refused to work..he has racked up over 20,000 in back support...yes that's 20thou...and he's only been ordered to pay $50 a week! Now that he's been released on parole he is FORCED to get a job and keep it...when CSU catches up to him they will garnish his wages for the $50 a week and $10 in arrears! He will never finish paying that off...my youngest sons father pays his support as ordered. The one time he didn't he was injured at work and collected workers comp. They didn't catch that in time to garnish so he ended up over $600 in arrears, we went to court and he agreed to pay $100 biweekly to pay it off...He is ordered to pay $146/biweekly. He has since paid off what is owed and back on track. When we were in court, the judge ASKED HIM what he could pay..HE came up with the $100/biweekly. The judge ASKED him if he was sure...stating that SHE COULD NOT take more money out of him then he could pay...that it was UNLAWFUL for the court to put him below poverty level! If you owe an amount and have paying that amount faithfully, then there shouldn't be any problems...if the agreement is being fulfilled then the judge can't take it all out of you at once. My oldest sons father is back so much money, he lost his license, has been in and out of jail for not paying (he has 3 kids with 3 women and doesn't pay the support on any of them) He took his daughters mom to court to get support lowered ($30 is his court order for her) and the judge laughed at him...He asked what he needed to do to get his license back and she told him %26quot;pay your support...if you pay $1500 right now you can have your license%26quot; Amazingly he came up with it that day.
I would definitely call your lawyer..you have rights as the payer...and since you have a copy of the court order (good move by the way) the judge HAS TO ADHERE TO THAT ORDER unless you all go back to court and it gets modified...there is a process that has to be followed...get in touch with your attorney...
My biological father was court ordered to pay $17 a week for my sister and I (ye for both of us..lol) He just now finished paying that off...I'm 30! He lives in Florida...we grew up in upstate NY. So you see...as long as you pay what you are ordered then the court can not make you pay off the remaining balance in one lump...no matter how low the payment is or how long it takes you to pay it off...you and your kids mom agreed to the current payment and it is up to her to take you to court to get it raised...like I said, if you are paying the balance, then there is NO reason for the court to change it, they can't..Good luck
Child support owed $90,000.00?
my husband owes about $90,000.00 in back support.This was filled on him after the kids were grown.He was denied a dna test.His x wife came up pregnant while he was in the military,the other child is his.He is never going to get this payed.Is there a web site I can visit to get some advice and or legal council?
Answers:
Why won't you grant him the DNA test. That's probably why he hasn't paid child support.duh! Let him take a DNA test first, then seek legal advice.
What state are you in, that will change were you have to have to go. Most states are very hard on dead beat parents, some will force DNA test other won't. How ever if the kids are grown and now adults your change of receiving fund will be lower. It may be the your kid will need to sue for back funds own to they child support is mean to go to the childern.
If your husband wanted to contest whether or not one child is his, he should have done it a long time ago.
Now that he is in the rears by so much - he will have to ask the court to adust the payments. They will still make him pay a certain % of what is owed. If he doesn't get this taken care of, his wages could be garnished, and/or a lean placed against any property that has his name on it.
The rears were to pay for the children while they were under age. Even if they are of age now, the money is still owed to them (the kids, not the ex-wife).
I'm confused. If he has denied paternity of one of the children, why didn't the court order the test? And why wasn't support set up before the children reached the age of majority?
All I have to say is --
THAT SUCKS!!
bet the child isn't his --
We want an update on this soap opera!!
don't you all hate it - how its like we are watching a soap opera- and we never get an ending?? lol
**I was confused at first - like others answering this question- but, I am assuming that he asked for a DNA test -- and he was denied - so, that must mean that he was married at the time - and if you are married, the courts look at it as- you are the father- regardless.because you were married..and that part- Is wrong - even if you were married- you should not be denied a paternity test because of this.
Answers:
Why won't you grant him the DNA test. That's probably why he hasn't paid child support.duh! Let him take a DNA test first, then seek legal advice.
What state are you in, that will change were you have to have to go. Most states are very hard on dead beat parents, some will force DNA test other won't. How ever if the kids are grown and now adults your change of receiving fund will be lower. It may be the your kid will need to sue for back funds own to they child support is mean to go to the childern.
If your husband wanted to contest whether or not one child is his, he should have done it a long time ago.
Now that he is in the rears by so much - he will have to ask the court to adust the payments. They will still make him pay a certain % of what is owed. If he doesn't get this taken care of, his wages could be garnished, and/or a lean placed against any property that has his name on it.
The rears were to pay for the children while they were under age. Even if they are of age now, the money is still owed to them (the kids, not the ex-wife).
I'm confused. If he has denied paternity of one of the children, why didn't the court order the test? And why wasn't support set up before the children reached the age of majority?
All I have to say is --
THAT SUCKS!!
bet the child isn't his --
We want an update on this soap opera!!
don't you all hate it - how its like we are watching a soap opera- and we never get an ending?? lol
**I was confused at first - like others answering this question- but, I am assuming that he asked for a DNA test -- and he was denied - so, that must mean that he was married at the time - and if you are married, the courts look at it as- you are the father- regardless.because you were married..and that part- Is wrong - even if you were married- you should not be denied a paternity test because of this.
Subscribe to:
Posts (Atom)