Messages

> Send her a certified letter
>stating that since child in no longer going to daycare, you
>are sending the child support only. (but still go back and get
>it removed or you may be liable later...).

We were advised NOT to do it this way by DH's attorney after finding out that he had been paying $229/month towards daycare for 2 years, when the children hadn't been in daycare at all (ages 12 and 11 at the time).   She said that he would have been in contempt since the daycare portion was paid as part of the total child support award. (State is Florida)  

Also, the only back portion he rec'd was from the date of filing.  EW faked a letter to DH, back dating it 2 years, saying that the children were no longer in daycare.  Later in mediation the EW agreed that she owed DH 2 years of daycare (and obviously admitting her guilt that she had produced a fake letter), but refused to pay the money.  Only way to get it would've been to take her to court.  Spending another $6,000 to "possibly" gain $5,500 was not a win-win situation for us or the children.      

Haven't read all the other responses so not if this has been answered yet.  

When is CS considered late?  We are in Georgia.  DH has one case here in GA and one in FL.  Neither GA or FL consider CS late until it is 30 days past.  DH has payed his CS both ways - directly to the CP and through OCSE.  The experience with OCSE (at least in FL) is that it took them at least 2 weeks to turn the money over to the CP.  He has been paying directly to the CP for 5 years.  

The CP in FL has us send her CS to a PO Box, which she checks once a week.  If she checks the box and the check's not there then she calls and threatens court action.  Mind you she may go to the box the day after CS is due or 7 days later, but she always calls.  In the past 5 years her CS has been mailed consistently within 3 days of the due date (one time in 5 years it was mailed 10 days after).  In those 5 years she has had her attorney file no less than 10 "motions of contempt for non-payment of CS".   All were denied; at one point the judge telling her that she was lucky to get paid consistent CS (and in full).  

The CP in GA gets her CS within a couple of days.

I have a friend who's ex pays his CS on the 30th day every month and he is still within the guidelines according to her attorney.  

Good luck to you too, and God bless.  

It sounds like you are doing the right thing for your daughter, since her Dad doesn't appear to be capable of doing his part.  

My DH tries to be a good Daddy to his boys, though sometimes it's hard being he's in Georgia and the boys are in Florida (Mom's the one who moved).  He regrets that he ever gave custody back to the Mom.  It's probably the only regret he's ever had in his life.

CS has always been current.  Insurance has always been covered, and the short three months we didn't have insurance, the bills were covered 100% by DH.  She never paid a penny of CS to DH - close to $5,000 - for eight months he had custody.  She never carried insurance as she was suppose to.  Even now if she owes him money (1/2 of boys' airfare), it takes weeks before we see reimbursement.  She even attempted to have DH reimburse her for a dental bill that she never paid.  As soon as the word "fraud" was spoken she stopped calling DH directly and will only communicate through the boys now.  So as you can see, this CP is a dishonest one.

Again, God bless.

>I don't see anything wrong with that.  I have it in a
>custodial account in her name.  This means that I can take the
>money out if needed (would only do that in an emergency).
>
>Not sure how you will prove that the invitro was financed by
>CS.
>
>NCP should file for modification based the children no longer
>attending daycare or after school care.
>

CS is to be used for daily expenses, not saved for years to come under the pretense of using it for the children's future.  No offense, but if you were the dishonest type you could spend that money however you desired and not spend one dime on the child - and there's no one to hold you accountable for it.  If there's enough money left over to put in a savings account after daily expenses are paid, then so be it - maybe, if the savings is intended for the child's sole benefit, and; as an example, not to finance a home that the child won't be living in 3 years from now.  Hopefully you don't deny your daughter simple pleasures in life in order to put it into the savings account.  When DH's 2 sons asked if they could play baseball (at $130/year per child), they were told "No, because I can't afford it."  When they ask if she can buy a printer for their home computer so they can print out their homework, they're told, "No.  I can't afford it" (BTW - we bought our home printer for $99). Yet she can fork out $8,000+ for invitro.  Go figure.  

Proving the CS money was spent on invitro is probably fruitless, but chances are fairly good it was.  We also found out that she paid off a $19,000 judgment filed against her for non-payment of a credit card, in  a little over 2 years.  This judgment was before she married her current husband and she would call each month wanting to know if DH could send the CS early.  We're pretty sure CS paid a portion of that too.  

BTW - DH was told by his attorney that going for a downward modification for the day care would put him in a "bad eye" in front of the Florida court system and probably wouldn't get the downward.   This is the same thing he was told when he wanted back CS from the CP before he "gave" her custody because he felt it was in their best interest (very young boys having separation anxiety from Mom).  Two totally different attorneys.

Sorry for the rant and really don't mean to offend anyone; that is unless they need to be offended.

>> A shared
>parenting calculation begins at day 1 for time spent at the
>non-residential home. It might be prudent for dh to let that
>legislation take effect October 1st before filing.
>

DH is not in Florida, but Georgia.  Any idea how this proposed parenting plan would affect DH if only 56 days/year of NCP custodial care - negatively or positively?  He has boys one week each at Christmas and Spring break and then 6 consecutive weeks in summer.

>Hopefully, by some time next month the new state affiliate of
>the American Coalition for Fathers and Children (ACFC) will be
>established. It's name will be the Florida Coaltion for
>Families and Children (FLCFC). If you are interested in
>becoming a member, let me know. We anticipate that there will
>be a few local chapters, placed strategically across the
>state.


Very interested.  Give us the details please.  Can PM me if don't want to give them here.

I know that Soc is on vacation for a couple more days so thought I'd post here instead...

State is Florida.

Just discovered that CP Mom has been depositing CS into a savings account.  She's admitted in e-mail that all CS for a period of 18 months was deposited in this account - close to $23,000.  She thinks it's showing what a good mother she is in providing for the children.  Account is in her name only however.  

She and her husband have a separate joint account that pays all the household bills, and she tells the boys that they can't play sports or do extracurricular because she doesn't have the money, she's saving for a house, etc.  

We also just found out that she's pregnant by means of invitro, which I understand to be a very expensive process - anywhere from $8,000-10,000 out of pocket).  Pretty sure, based on her and husband's combined income of $70,000/year, and known expenses, that CS financed a portion of the procedure - or 100% of household expenses so that they could afford the invitro.  

Questions:
1. Have heard that judges frown on CS being put into a savings account (maybe not so much on a 592 plan).  CS is to be used for daily expenses, not for events yet to come - no guarantee that the children will be around to use the saved money.  Anyone know case law or have info on this?

2. If can be proven that invitro was partially or fully financed by CS, can DH do anything about reimbursement?

3.  Also issue with day care.  CP also admitted in writing that neither boy has been in day care (or after school care) for past 18 months.  CS order has NCP paying $198 of CS towards day care.  Order does not address at what age day care portion should stop (boys are 12 and 11).  Should NCP just stop paying that portion, or file for modification based on this alone?  Would be 17% of CS order.

Thanks.

Anyone know if there is a Florida statute that if visitation is more than a certain number of consecutive days in one month, then CS to be reduced.  Example: If summer visitation with NCP is more than 21 days in one month, then CS to be reduced by 50% for that month.

I know 2 different people who were divorced in Florida and both have this in their DD.  Neither of them can remember, however, if this was a statute or something the attorneys asked for.  

Thanks in advance.

>
>Your method of payment is not particularly relevant. I would
>need to read the exact text of both the new order and the old
>with respect to insurance and support, or I can't interpret
>your circumstances.
>
>
The FL attorney(s) never wrote a new FL order.  There is a 4 or 5 page addendum that changes custody from Dad to Mom and states what CS is to be and how visitation is to be handled.  Then there's language that says the GA order will be followed for  all else and the word "mother" is switched for "father" where applicable in the GA order.  Part of this language is that "father" is 100% responsible for carrying insurance and the parties split unreimbursed portion 50/50.  BTW - the FL worksheet shows an actual number based on what I was paying for insurance at the time.

Heck, the Mom's attorney even filed a contempt against me earlier this year (based on the GA order) because insurance had lapst due to a mix up, even though I was paying 100% of the medical costs until insurance was reinstated.

Will have to locate the exact verbiage for the orders.

Insurance:  At the time of the final DD I was having the insurance deducted from my paycheck.  This amount is included in the calculation of CS.  It also states that she is paying her percentage of that payment, which she has never done.  On top of this whole issue, I pay for the kids insurance separately and directly to the insurance company.  These means that I have been paying double for insurance from 2001.  Of course, this can all be supported with my documentation.