Hi. i live in PA. i am an ncp & my ex & son live in FL. As i was about to terminate support due to my son turning 18 recently, my ex petitioned for continuance of cs stating that my son has developed adhd. i was never aware of this prior, & my ex had cut off contact years ago w/my son - she even changed my sons name w/o my knowledge.
despite years of her violating the custody order, i may see him once a year for limited time at most. ex had also tried extending support w/my previous kids while in high school but lost
At the hearing here in PA, my ex phoned in from FL. she was not prepared nor had any documents faxed to the hearing. however, she was granted 2 extra weeks to come up w/data. this data was not revealed to me & the officer ruled in her favor.
info from school & police that i have recently received is restricted. this alternative "school" shows many discrepancies re add/adhd notes & has him in on the job training, w/little focus on academics, allows him independent study towards a ged; my son works close to full time & earns wages. the school keeps referring to this as 'special' diploma & much talk of 'iep's'. i don't know if he's classified as disabled, impaired, or what and the goals listed are non-educational & they project graduation in 4 yrs.
info reveals some notes from physican about adhd & about being on and off ritalin years due to refusal of mom to purchase it consistently.
info reveals that my ex is working while she is collecting SSD.
also, for what its worth, my son was conceived during my ex's affair . after we separated/divorced she had boasted that i was paying for someone else's son. for yrs attorneys advised me against disputing it & testing him saying it would get me nowhere but more in debt.
meantime, my savings for my current toddler's schooling will be depleted to support an adult. my adult son has been in constant trouble w/the police in his area & has always had a troubled life w/his mom.
lastly, my wages have been garnished for the most recent decision. however, at a recent closing, the proceeds were again tagged by the state for a duplicate garnishment. the local dr office says basically too bad.
I have appealed & am awaiting date for denovo hearing but attorney doesnt seem confident -am desperate for good atty.
again, this is in PA... could would you advise me on any issue here
1- what are my rights to paternity fraud testing at this stage & what do you think of pursuing it ?
2- what can be done about my ex working while collecting SSD?
3- how do i find out the legitimacy of this school or this alternative program which doesn't focus on academics ?
4 how do i cross examine these claims by this doctor re:adhd? my atty says the doctor may not even have to appear nor does my ex.
5- how do i disprove that my son is not disabled by this suddent development of add/adhd if he's earning wages?
6- can you recommend how i can recover the cs money deducted in error from my proceeds at my closing ?
7- what questions can i ask an attorney to discern their ability?
thanks
You're not going to get a better answer here than the legal advice and guidance you already got from Soc on the other board. Stick with his advice and do the best you can.
Find yourself a good attorney, certified in family law at this site
//www.aaml.org/directory.htm
thanks - i dont doubt socs advice... i was just told to post to general forum to see if any additnl feedback matches my experience.
ill try that site also
I don't want to be the bearer of bad news but here are some things you should be aware of.
CS can continue until age 21 if he is still in school. Special needs children usually do not graduate until 21 because they try to educate them and get them so they are self sufficient..ie the work program, job training and independent study you spoke of.
You are just now wanting to dispute he is yours? Your way too late for that one, you should have done that the minute you found out about him. You will never be released from your obligation to him.
Lastly, after the age of 21, if his disability makes him independent in which he would be unable to live alone and continues staying with her, you will have to pay CS. This could go on forever. There is no limitations on children with special needs. Look for her to petition when he is about to turn 21.
She has already won, you better get appealing if you think it is all made up, but I can assure one thing it is extremely hard to get a Dr. to say he has ADHD and teachers to go through with IEP's and have him in special education programs. It is alot of work for it to be a lie.
You need a VERY good attorney that has dealt with this before.
Good Luck.
Hello
one of the most important documents or information that i would ask for in discovery is the fact of whether or not mom has applied for ssd for the child for his disability.\
if she has not then this could prove your case easily.,
especially since she has applied for it for herself and is aware of the system and how it works.
this also should reduce any amount of support that you are forced to pay should the courts side with her .
i do know of case law in Pa that provides for disabled children after the age of 18 for support.
discovery in a case like this should be your best friend
you can demand that the courts allow complex discovery in this matter under the pa codeRule 1910.11. Office Conference. Subsequent Proceedings. Order.
(a)(1) The office conference shall be conducted by a conference officer.
(2) A conference officer who is a lawyer employed by a judicial district shall not practice family law before a conference officer, permanent hearing officer or permanent or standing master employed by the same judicial district.
Official Note
Conference officers preside at office conferences under Support Rule 1910.11. Hearing officers preside at hearings under Support Rule 1910.12. The appointment of masters to hear actions in divorce or for annulment of marriage is authorized by Divorce Rule 1920.51.
(b) If the defendant fails to appear at the conference before the officer as directed by the court, the conference may proceed without the defendant.
(c) At the conference, the parties shall furnish to the officer true copies of their most recent federal income tax returns, their pay stubs for the preceding six months, verification of child care expenses and proof of medical coverage which they may have or have available to them. In addition, they shall provide copies of their income and expense statements in the form required by Rule 1910.27(c), completed as set forth below.
(1) For cases which can be determined according to the guideline formula, the income and expense statement need show only income and extraordinary expenses.
(2) For cases which are decided according to Melzer v. Witsberger, 480 A.2d 991 (1984), the entire income and expense statement must be completed.
(d) The conference officer may make a recommendation to the parties of an amount of support which is calculated in accordance with the guidelines. If an agreement for support is reached at the conference, the officer shall prepare a written order substantially in the form set forth in Rule 1910.27(e) and in conformity with the agreement for signature by the parties and submission to the court together with the officer's recommendation for approval or disapproval. The court may enter the order in accordance with the agreement without hearing the parties.
(e) At the conclusion of the conference or promptly thereafter, the conference officer shall prepare a conference summary and furnish copies to the court and to both parties. The conference summary shall state
(1) the facts upon which the parties agree,
(2) the contentions of the parties with respect to facts upon which they disagree, and
(3) the conference officer's recommendation, if any, of
(i) the amount of support and by and for whom the support shall be paid, and
(ii) the effective date of any order.
(f) If an agreement for support is not reached at the conference, the court, without hearing the parties, shall enter an interim order calculated in accordance with the guidelines and substantially in the form set forth in Rule 1910.27(e). The order shall state that any party may within ten days after the mailing of a copy of the order file a written demand with the domestic relations section for a hearing before the court.
(g) A demand for a hearing before the court shall not stay the order entered under subdivision (f) unless the court so directs.
(h) If no party demands a hearing before the court within the ten day period, the order shall constitute a final order.
(i) If a demand is filed, there shall be a hearing de novo before the court. The domestic relations section shall schedule the hearing and give notice to the parties. The court shall hear the case and enter a final order substantially in the form set forth in Rule 1910.27(e) within sixty days from the date of the written demand for hearing.
(j)(1) Promptly after receipt of the notice of the scheduled hearing, a party may move the court for a separate listing where
(i) there are complex questions of law, fact or both, or
(ii) the hearing will be protracted, or
(iii) the orderly administration of justice requires that the hearing be listed separately.
(2) If the motion for separate listing is granted, discovery shall be available in accordance with Rule 4001 et seq.
(k) No motion for post-trial relief may be filed to the final order of support.
Official Note
The rule relating to discovery in domestic relations matters generally is Rule 1930.5.
hope this helps
if you are in the allegheny county area i do have an attorney reccomendation for you
she is very reasonable and in my opinion very compentent
where are you in PA? I am in PA and have a good lawyer
do you know if she is already getting SSD for your son? she might already be getting support from SSD for his ADHD through social security.
If not she probably will be trying to get it soon. He might qualify for it with just ADHD.
I think once he turns 18 he might even be entittled to adult benefits.
so if he does that means he would be getting his own money from SSD
courts might consider the CS money to go directly to him untill 21. They cant make you pay support for him forever. It sounds like she knows how to work the system so she doesnt have to work! Also if she is working byall menas get as much info as you can then report it all at once. GL
thanks for replies.. i sent you a pm.
dont know about ssd for son- heard that she tried for it in the past. she does know how to work the system - done it for years & tried to apply for each of my kids (see what im dealing with ?).
i am shocked by the ease of acceptance for disability benefits for adhd ! i know several people w/adhd/add & im sure a good 1/3 of the schools' enrollment has it. they function fine - some w/o medication. i cant believe its considered a "disability". ive worked w truly disabled kids & adults - i know the difference. obvioulsy, there must be a money trail in it too.
as far as her working - who should i report it to all at once ? SS has already been notified but who knows if anything was done. they didnt ask me to provide verification, so it doesnt sound like they care much. & if its anything like welfare, theres more in it for them to maintain the benefits. if its under the table, it cant be proved.
any ideas on how to find out more about if shes working ? apparently theres no system in place that cross checks her, like it does for me .
thanks
also, i will try to call ss today & see if theyll release info on my son.
thanks
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rini
can you site the case law so i can take a look
thanks
According the the DSM IV (diagnostic manual for diseases) ADD/ADHD must show definitive signs prior to the age of 7 for a positive diagnosis of ADD/ADHD.
thats very interesting... i wonder if the judge will buy that. i will look on the net for that manual.
there were never problems exhibited or medically notated until she moved to fl.
thanks
You won't find it specifically on the net. This is a manual used by doctors and hospitals to code treatments and procedures for payment, and what ins. comps. use to verify and authorize treatment.
What I would recommend is getting the doctor's records on the child. If there is no DSM determination prior to age 7, or any notes up till that age that would lead a practitioner to consider a future diagnosis of ADD/ADHD, then I would say the BM is SOL. DSM IV is the 'bible' practitioners and ins. comps. go by.
im trying to read the records sent to me, & its complicated & lots of discrepancies. says my son was on ritalin inconsistently due to mom inconsistently purchasing it. the conference officer in her decision to grant support, said that the dr states child had a.d.d. & a learning disability unidentified since 1995. im not sure what that means, but how is something unidentified from a certain time period until just prior to turning 18. is this coincidental or do you think theres some back-noting to make this sound "legal" per the dsm you mentioned ...
records show his IQ is quite high & decent grades for some time.
not knowing the process of this appeal, & if my ex does not have to be present as she was not before, i dont know how i will cross examine the doctor who mentions add in the med notes. the attty told me the judge may not allow it. in fact, this doctor appears to keep my son on ritalin because of a prior dr's prescription. i have to find out who the prior dr was & it wont be easy.
would you recommend i subpoena her ? what questions would you ask the dr? i will call her shortly, but does she have to speak to me ?
i will also call the school counselor that oversees my son's job training. what questions would you advise to ask him? remembering, he is the opponent ...