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Messages - chiquito2005

#1
Child Support Issues / BEST STRATEGIC MOVE?
Oct 05, 2006, 04:15:53 PM
I filed a motion for downward modification of support... The return date was last September 26, 2006. The other party was to serve me with their responses seven days before the return date. So far, I haven't received anything. How should I handle? What is the best strategic move I can make because of this lack of response by the other party?  
#2
Child Support Issues / RE: Here it is:
Mar 28, 2005, 09:51:38 AM
Kat, thank you, thank you and thank you again.

There are a lot of similarities with my case... this is the kind of insight I seek. Please see if you can find some more as you mentioned.  I am in New York.  I am scheduling a consultation with a tort lawyer to discuss my complaints and later perform a cost and bebefit analysis of suing the agency that has caused so much damaged in my life. Thank you.
#3
it really depends of what your divorce decree or child support order says. If these documents are silent on this specific topic of expenses during the visitation, than your state child support laws/guidelines will apply. Generally speaking, state guidelines mandate that both parties must share the medical expenses of the children (on a pro rata basis).  

As for the deduction from child support payments, to the best of my knowledge, you are correct
#4
For the last five years, I have been going through an incredible ordeal with the child support enforcement unit of this county. It seems as words cannot describe the incredible financial hardship and human suffering they caused on my life by their actions or inactions on many fronts: withholding more than 75% of my income for several months until I went to great lengths to make them realize the error, ruining my credit by sending to credit bureau erroneous information that I owe more than $ 50,000 only to discover that I owe nothing later, and many many more. I am totally devastated and at the end of my rope with that agency. I feel so powerless, as a simple citizen, against this government agency and the coercive power it has to cause enormous financial hardship and infringe upon many of my rights.

Am I really that powerless? I am seriously contemplating bringing legal action against the child support enforcement unit. Can I do it? Am I out of my mind to even think about taking that agency to court? What are the precedents in this area? Can you refer me to some case laws? Please give me any insight. Thank you so much for your help.
#5
Dear Socrateaser / TELLING MY STORY DURING TRIAL
Aug 17, 2005, 07:44:46 PM
I'll be representing myself in a trial about more time with my kids.

How do I tell my story during the trial? I can't possibly ask myself questions during the trial.  Do you know how it works in cases like this?  Please share your experiences and thoughts. I know it's a challenge representing myself but I have NO choice. (I know very well I need a lawyer but I can't afford one).

Thanks for your help
#6


Mr. Socrateaser, I am convinced I provided some facts:

"...withholding more than 75% of my income for several months until I went to great lengths to make them realize the error, ruining my credit by sending to credit bureau erroneous information that I owe more than $ 50,000 only to discover that I owe nothing later, and many many more."

Let's suppose I am 100% correct and there are many more similar facts I can prove, what insight can you give me?  also, suing a government agency falls into what area of law? should I be doing my research in the tort law arena or else?
#7
For the last five years, I have been going through an incredible ordeal with the child support enforcement unit of this county. It seems as words cannot describe the incredible financial hardship and human suffering they caused on my life by their actions or inactions on many fronts: withholding more than 75% of my income for several months until I went to great lengths to make them realize the error, ruining my credit by sending to credit bureau erroneous information that I owe more than $ 50,000 only to discover that I owe nothing later, and many many more. I am totally devastated and at the end of my rope with that agency. I feel so powerless, as a simple citizen, against this government agency and the coercive power it has to cause enormous financial hardship and infringe upon many of my rights.

Am I really that powerless? I am seriously contemplating bringing legal action against the child support enforcement unit. Can I do it? Am I out of my mind to even think about taking that agency to court? What are the precedents in this area? Can you refer me to some case laws? Please give me any insight. Thank you so much for your help.
#8
Dear Socrateaser / Slapping, Spanking, etc.
Mar 19, 2005, 01:35:53 PM
My son who is now 7 has become more and more unruly and impolite... I was devastated when his cousins told me that he was misbehaving when he slept over and got to the point of using the "F" word and telling to her aunt "you're stupid"... He screams almost at every turn when interacting with others and even me. All the other forms of punishement are losing impact and he is poking fun of time outs... His mother spanks him and uses other forms of corporal punishement. But so far I haven't done that but my family, relatives, are pressuring me that I need to watch for my child and some good spanking and slapping will make a difference... just like we grew up. I agree with them 100%. Among other things, it is clear that spanking will teach him good lesssons because he wouldn't misbehave to that extent when he is with his mother who disciplines him with spanking and the like. What I am very afraid of is accusations of children abuse if I dare to spank or slap. I am the father and I am the non-custodial parent.

In light of the above, what is your comment from a legal standpoint? what has been the position of the courts about spanking and slapping? Is it illegal to use corporal punishement when disciplining a child? The last thing I want is to find myself in family court or under supervised visitation because I spanked my child. Please don't lecture me about those long, unproven and "politically correct" theories on how spanking is child abuse, talk to the child, affection, yadi yada... I practice all of that to no avail. I just need to know the legal implications if I am sued on the ground of slapping my child. Thanks a lot for your help.
#9
I am in New York. I am in my second mariage and I pay child support for children of my first mariage. Not too long, I learned that my current wife is expecting twins. Can anyone give me some insight on the prospects of petioning family court for a downward modification of support due to the unforseen burden of having two kids at once who also need my financial support? is there any room to maneuver here?

To the best of my knowledge family court will not modify an order of support based on a non-custodial parent's newborn. Is this cut-in-stone or... it somewhat depends?

Please give me any insight on how to handle this? Thank you
#10
           I am now a "work-at-home" employee in my company. I work from home now 100%, which gives me full availability to take care of the kids when they are out of school and their mother is at work. There is no need for daycare expenses any longer since I am there for my kids. Can I make a motion to the family court so that I, the father, can be with the children when their mother is at work rather than the children being in day care? What are the things I should be aware in other to win with my motion? Any suggestions, ideas on how to go about it? Thank you.