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Messages - treici

#1
My husband's ex is in Jackson County and he went to court there--had to register his IL order and then modified, he had visitation only at the time (no legal custody) and it was that garbage "reasonable visitation" set up where the X had all the control. 

His lawyer was Corinne Corley.  She is specifically father's rights and knows her stuff (she is also an ex prosecuter and if familiar with the judges and other lawyers.  BUT, you will be screened by her paralegal before she will consider taking your case and if you talk badly about your ex, she won't do it. 
#2
and that parents sould be equally responsible for expenses of the kids. However I am quite sure that mom will have none of that!  Father makes significantly more than mother(in fact more than mom and her new spouse combined) so the "lifestyle" factor is going to get thrown in there.  

State is already involved in that they process the payments now.  Father would like to receive the tax dependency for one child as well since mother receives for both at this time.

Is this as simple as a filing a stipulation?(if we can get mom to agree...)

We did crunch the c/s numbers and found what the amounts should be *based on her last known income.*  We thought we would write it so that she would receive a little more than what guideline is and then when she wants to fight about it just let the court sort out the amount...



#3
Is the support paid in such a way that each parent pays their respective support amount to the other parent each month OR does the parent who's support amount is higher (difference in incomes) pay the difference in amounts to the other?

Currently both kids live with mother, however son wants to live with father.  Trying to work out the details now and just want to see what to expect!
#4
Child Support Issues / Fraud?
Mar 06, 2007, 05:57:21 PM
BM turned H into her local DCSE.  It was also turned in to the original state which wrote the order and then to our state as well.  

H is behind by a significant amount due to various things that happened last year...  a car theft, surgery, problems with the kids in our household (both are special needs) etc.  

The problem is that BM mislead DCSE to believe that H owes about $7000 more than he actually does.  She is not including money that she received from 9-2000 through roughly 8-2001.  Fortunately I have kept pretty thorough records and have all the check numbers available, carbons and statements.  

Since she is knowingly omitting this information and it could be detrimental to H's employment (security clearance) can she be charged with fraud?

I am guessing that because he does in fact owe back support that they will not consider her offense to be a big deal and look the other way.  Our main concern is getting the proper amount set...don't have a problem with paying what is owed, we just want that number to be correct!
#5
The checks have always been made out directly to her...order was dated 8/2000 and was worded that the checks would be written to the mother and mailed to the circuit court for transmittal....so basically all they did was check it off and forward it to her.

From 8/2000-8/2001 DH apparently did not understand how it was to be handled....so he was mailing them to her but then in the memo box wrote that it was child support and put the date and I THINK the case number but I am not positive.  The roadblock now is that his OLD bank from 7 years ago only keeps records of cancelled checks for 3 years.  So we are going to end up paying for copies of all his statements and hope that we still have all the registers and carbons.  At least then we would have the carbon and the statement to show the date it cleared...  

Thanks for all your help!
#6
Child Support Issues / Okay
Feb 06, 2007, 04:20:02 PM
Neither parent is in the originating state (IL).  NCP father in FL.  CP mother in MO since '01, KS prior to that.  

Registration occured in FL (was already registered in MO for purpose of modifying custody/visitation)

The order has been given a case number and instruction to pay through FL.  We created a log in for the FL circuit court and they accepted payment through their website.  If nothing else, there is a record of that payment.  

BM was not seeking a modification (yet that we know of) she was seeking enforcement.

The only thing we intend to contest is the amount of the arrearage.  He is not receiving credit for approximately $5000 (paid between 2000 and 2001--was mailed directly to BM so the IL doesn't have a record of payment and BM neglected to mention that she received it).  We are still going through bank statements and check registers to get the exact number, but we do have proof of what he paid in that time frame.  Otherwise he doesn't contest the C/S amount or the validity of the order.  

Going through FL would actually be the most convenient for us.
#7
Child Support Issues / Looking again...
Feb 06, 2007, 12:36:19 PM
The letter is notice of registration of a foreign judgment...so it would seem that FL has assumed jurisdiction.  So next step (besides requesting a hearing to contest the arrearage amount) is to send copies of this registration to both IL and MO so that they will close their files.

BUT, the judgment registered is the original IL decree from 2000.  Custody and visitation were modified by MO in 2004....CS was not modified by either party at that time.

Honestly, we have no idea how FL even became involved unless BM was not satisfied with the speed MO was doing things and went to FL next.  
#8
Child Support Issues / Yeah...
Feb 06, 2007, 02:19:32 AM
I have no idea which state is controlling though.  Original order was IL.  BM lives in MO and turned it in there and they sent a letter.... and then right after that we got the letter from the FL court saying that it had been registered and that H had 20 days to respond.  But then another letter from MO today.  

He's just going to have to deal with both and let them fight it out I guess.
#9
Child Support Issues / Confused...
Feb 05, 2007, 02:42:05 PM
My husband is behind in his support.  We are aware of it and don't deny that his ex is owed that money.  We ran into hard times and are struggling to catch up.

HOWEVER, she filed through CSE in one state, we contacted them to straighten out an accounting error (she is neglecting to claim roughly 9 months of payments that she received), and soon after we received papers from the circuit court where we live where the order has been registered here.  Today, we received a letter from HER state again stating that either party can review CS for increase/decrease?  

It sounds like she is invloving both states?  We assume that the one registered here is the one we need to deal with, is that correct?  Is there anything we can do regarding her claiming more than she is owed?  He is planning to request a hearing to straighten out the accountung, but can anything be done to her for a false claim?
#10
Moms Without Custody / I am not sure I understand
Feb 07, 2007, 02:45:51 AM
the courts reasoning on this?  You may want to try one of the other boards though (maybe father's issues or child support issues or socrateaser's board).

My older son also has autism.  He is almost 8 now and lives with me.  My ex-husband and I have joint legal custody with me being the primary residential custodian.  I am fortunate that although he is moderate to severely autistic, he is not violent or aggressive.  How old is your son?