SPARC Forums

State Message Forums => Minnesota State Forum => Topic started by: tulip on Aug 03, 2004, 12:54:45 PM

Title: We got a cs order.
Post by: tulip on Aug 03, 2004, 12:54:45 PM
Or rather, proposed order. Both parties have 20 days to respond, or request a hearing. If not, it gets filed. BM will have to pay almost the same amount dh was paying when she had the kids! They have based it on her ability to earn. She hasn't worked full time in over ten years, but now she has no reason not to. She's really pissed.

She called dh and told him she is going to take him to court for back pay on last few years when he was making more money, and she never asked for an increase. I'm pretty sure it's too late to ask for an increase now. She also is going to claim that she doesn't even earn what the cs amount is set at. I hope she tells the magistrate what she told dh. ("I don't have to work full time.")

Of course, if she does take him to court, he is going to ask for back pay. She hasn't paid anything since custody was changed in April. Also, when he got joint custody in December, the order stated that cs would be reviewed when she was no longer a full-time student. She hasn't gone to school since January. So, she should owe him back at least 50% of what he paid for those 3-4 months too right?
Title: RE: We got a cs order.
Post by: Sunshine1 on Aug 03, 2004, 02:02:37 PM
Hey Tulip!!

I was just thinking about you guys and I was checking in to see how your house was holding up.

Anything getting better? CS is a plus I see, has she passed any drug screens yet for visitaiton?

We are going through a VERY similar situation involving drugs( particulary meth and parents, but they are just waiting for me to post about it here and pounce on for now I can't discuss it but I have learned alot of what to do from your situation.

Hope your family is getting through this.  I am praying for your family.  You need to update us more often if not to update to vent then,  get all that off your chest.... we all worry about you. :)

I hope things are improving...~~~HUGS~~~~  Sunshine
Title: Nope, no tests. But here's an update.
Post by: tulip on Aug 03, 2004, 03:43:02 PM
The first one she took, was positive for meth. She hasn't taken any since then. She hasn't had visitation in over a month. She has been talking to the kids on the phone. DH decided to leave it up to them if they want to talk to her or not. SS usually does, if he has time. SD has been more moody, and sometimes just doesn't want to. I think she's getting sick of her lies. BM sent the police over here one day because sd would not get on the phone. The officer asked sd if she wanted to talk to bm, and she said no. So the officer went and told bm sd doesn't want to talk to her, and they can't make her talk.

I have been a nervous wreck the last few days because bm keeps hanging out next door. She sits in the back yard and watches us. And she plays with the kids over there to try and make skids jealous. DH keeps telling them that she is only doing it to try and upset us, and if she were in her right mind, she wouldn't want to hurt her kids and us. I don't understand what's wrong with the whacko next door, that she would be encouraging this. We're getting ready to go on vacation, and I have to find someone to baby-sit my house, I'm afraid what will happen to it if we leave it empty and alone.

The kids are in counseling now, they've only had a couple visits.

I want to move really bad, but there are a couple things stopping us. First, dh is still unemployed. Hopefully that is going to change soon, though. He had a call last week from a company that is very excited to talk to him about an opening they have, and it would probably be for more $$ than he was making before! Also, BM has a $10,000 lein on our house. It is payable either when yss turns 18, or when the house is sold, whichever happens first. We're hoping her cs arrears will add up to $10,000 within a few years, and they will xnl each other out.
Title: RE: I PM'd you
Post by: Sunshine1 on Aug 04, 2004, 07:14:56 PM
Title: I'm really dumb...
Post by: tulip on Aug 05, 2004, 09:20:31 PM
I have no idea how to get a PM here. I went into my user profile and found it was disabled. Wanna help me out?
Title: RE: We got a cs order.
Post by: Lawmoe on Aug 24, 2004, 02:55:30 PM
Support can notybe modified retroactively and  is only modifiable back to the date  that a Motion was filed.  the exceptions to this rule are if the moving party was unable to file a Motion for one reason or another and then filed as soon as that disability no longer existed.  

In most cases, that means the moving party was ill, mentally ill or that fraud was used to preclude the filing of a Motion.

For Minnesota Answers visit
Title: RE: How's it coming?
Post by: hisliltulip on Aug 25, 2004, 11:23:01 AM
Hey Tulip,
Wondering if you did this via attorney or Human Services?

DH went to Human Services in May (since BM was to start paying support Feb. 1), she was served the middle of June.

We have heard NOTHING!

Soooo, how is yours going?

Title: RE: AaaaHA!
Post by: Sunshine1 on Aug 25, 2004, 06:21:31 PM
I figured it out..sorry took so long.

Go into "user menu" at the top of the boards.  Click on "Edit Preferences"
and then you can enable your Private message thingy.  LOL

Hope that helped :)
Title: RE: AaaaHA!
Post by: tulip on Aug 28, 2004, 10:08:38 AM
Oh, I went into that, and I think pm's are enabled now. How do I get them?
Title: We will have a hearing.
Post by: tulip on Aug 28, 2004, 10:20:00 AM
This was through Human Services. We are on MA right now, and so they started working on getting an order in place right away, supposedly. But this I don't understand...Permanent custody was changed in May, they opened the case right away, but we didn't receive the proposed order until July. It says that since the custody stipulation states "the right to collect cs is reserved" she doesn't have to start paying until 7-1.

DH's cs worker suggested he request a hearing to try and get back pay. He didn't, but bm requested a hearing. She wants to dispute the amount. It's based on her ability to earn, working full time as an NA. She doesn't work full time though, and doesn't think she should have to. The hearing is in Sept.

How bout this? Back in Dec, she fraudulently filed the wrong order stating they would have joint custody and dh would keep paying the same amount of cs until 6-2005. Their agreement in court in Dec was that he would pay the same amount until she was no longer a full-time student, which she wasn't. It was supposed to be reviewed right away, but we couldn't get into court to get the correct order signed until April. Dh filed a motion in March to get cs adjusted, but then canceled the hearing because custody had changed. Can he still go back and recover the money he overpaid in Jan, Feb and March?
Title: RE: We will have a hearing.
Post by: hisliltulip on Sep 09, 2004, 09:11:53 AM
He could, but he'll have to sue BM to do it.

When custody changed from 50/50 my DH paying BM CS, to him CP and she was to start paying CS, HS dispursed half of one month to her by accident.  Their fault, but they won't go after her for it.

My DH decided to let it go, would have paid a heck of a lot more in legal fees trying to get it back then just leaving it be.

I'd check with an attorney if I were you.

Title: That happened to us too.
Post by: tulip on Sep 09, 2004, 07:36:41 PM
When he got temp custody in April, the judge suspended his cs payments until the next hearing. She was overpaid by $240 that month, and there is an open case in which she owes that money back to him. So far she has paid $40. LOL.
Title: RE: That happened to us too.
Post by: hisliltulip on Sep 14, 2004, 10:33:01 AM
Well, atleast she is paying...

It made no sense for DH as his attorney cost nearly $200 per/hour and that is about how much she was over paid.

She is now 7 going on 8 months behind in CS...  Which was set at minimum wage (whopping $140/month).  DH received verification from county last month that they were going to start garnishing her wages...

Nothing has come across, so my bet is that she has quit her job again...

Whatever, he works and so do I, SS's needs are being met.