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Messages - Scupper

Pages: 12
1
I just went through something similar. if there are no court orders barring you from being involved with counselors and health care providers, and being there for the child. Be there at all costs for the child. Ensure you get copies of all paperwork. If you have to file with the courts an order requesting that all medical / mental care providers are not to bar you from visitation if child is admitted, and that you have the right to receive copy's of all medical records. Also review any current orders to see if BM is suppose to keep you informed of address, telephone numbers, medical providers, etc... If not there then be sure to request it in the order.

At this point put BM on notice you will be there for the child. I am not an attorney and highly suggest if you can find some way to hire one, do it.  There is hope, I have had my son for going on 9 months after him being admitted on three separate occasions to mental institutes for anger issues. He never really displayed them while in my care, He also missed a ton of school while in her care.

My Attorneys plan was to get health care providers in to testify to the state of mind of the child, and was able to get copies of all their reports, most were not very nice toward BM. They slammed me for not being there, but I had documented evidence of all my attempts, court orders, contempt motions against  BM and Health care providers. In the end the court decided my demeanor was better able to handle the child, and that BM failed to be that positive authority in the child's life.

I wish you luck there is hope

2
Child Support Issues / Re: How to handle
« on: Oct 09, 2014, 07:14:17 AM »
Found out DSS after BM in another county (not surprised), this county states they are backlogged so case could take sometime to get established.

Funny thing is the order has already been given by the courts, I have supplied in triplicate all information requested by local DSS/CS office. Twice in person and once via registered mail.

Found out that if CSE order goes in, CS take precedence over any other collections, which means they would have to ensure CS is current before they would be able to recoup any funds from BM for themselves. Also found out that the duties of judicial officials to assist in obtaining child support. Most likely will have to go that route to force DSS/CSE to enter the order into their systems. This will bring criminal charges against the BM for not paying, and most importantly force DSS/CSE to update their system to show as active. In turn any other DSS actions would have to ensure that CS is paid prior to collection of any other orders they may have.

§ 110-138.  Duty of county to obtain support.
Whenever a county department of social services receives an application for public assistance on behalf of a dependent child, and it shall appear to the satisfaction of the county department that the child has been abandoned by one or both responsible parents, or that the responsible parent(s) has failed to provide support for the child, the county department shall without delay notify the designated representative who shall take appropriate action under this Article to provide that the parent(s) responsible supports the child

§ 110-138.1.  Duty of judicial officials to assist in obtaining support.
Any party to whom child support has been ordered to be paid, and who has failed to receive the ordered support payments for two consecutive months, may make application to a magistrate for issuance of criminal process against the responsible parent for violation of G.S. 14-322. If the magistrate determines that the applicant has failed to receive the ordered support for two consecutive months, and that the responsible parent has willfully neglected or refused to make such payments, he shall make a finding of probable cause and issue criminal process for violation of G.S. 14-322. It shall be the duty of the District Attorney to prosecute such charges according to law. It shall be the duty of the Clerk of Superior Court to assist the applicant in making such application to the magistrate for the issuance of criminal process, and to supply such necessary child support records as are in his possession to the magistrate, District Attorney, and the Court.

Am I misinterpreting this?


3
Child Support Issues / Re: How to handle
« on: Oct 02, 2014, 03:08:14 PM »
this is going to be fun, found out who DSS set as my agent  :o , sending cover letter as you suggested, and including all items on their check list again, I want to be thorough and ensure there is no reason not to move forward. I can see this may be a struggle as agent assigned is the one I made look bad in front of judge, same person who represented BM. There may be a conflict of interest here, so going to have to delve through and research child support agent procedures and policies.

Does anyone know of a uniform procedure for Child Support agents and if same agent representing both parties is allowed. I know it varies by state, so guess I may have to hire attorney  :-\ long enough to find out the answer.




4
Child Support Issues / Re: How to handle
« on: Oct 02, 2014, 05:51:28 AM »
Ocean,
    Thanks for the information, to answer your question, DSS and child support office is one in the same in the county where I live. I was told by my attorney I would have to file necessary forms with them to begin CSE collections, which I did along with all documents pertaining to CS. I do not really want to have to pay attorney to get involved.

Far as BM working, no clue I am not expecting them to collect anything I just need to ensure that they begin the collections process, currently on line the case shows as not ordered. This is an interstate collection so understandably might take some time. (although only took them seven days to haul me into court and end up looking like idiots stating I was behind when I was not).

Thanks again,

Scupper


5
Child Support Issues / How to handle
« on: Oct 01, 2014, 02:39:48 PM »
BM ordered to pay CS, plus assessed some arrearages. She is refusing to pay anything and DSS is no help at local county level. I have supplied all information assigned agent will not return a call, when I go there told she is not available. Since BM has moved out of state I have to get this through CSE for collections.

any suggestions on where to start without hiring an attorney? or maybe do this and hope court adds this cost to it as well

6
Custody Issues / It has been a while
« on: Oct 01, 2014, 02:24:22 PM »
Hello everyone
     It has been a while since I was last on. Score one for the children. I was able to keep all cases in front of same judge. This helped tremendously, although it did increase the time frame a bit. The child involved has went through total h*ll the last four years. In eight months he has managed to come back to a typical ten year old now. It took a lot of perseverance and documentation on my end. Was able to get custody changed. BM is not happy and has decided to move three states away. We now have a plan in place for this as well 7 months later.

Just want to thank everyone who works for this site, the information given here is invaluable and has helped me save my son and get  him back on the right track. Now if BM could just grow up a bit.

Molasses is slow, Justice is even slower it seems.

7
Custody Issues / Re: The Courts do listen at times
« on: Apr 18, 2011, 07:56:20 AM »
yes he is with me at the moment
 
BM called 4 times yesterday in a 6 hour period, and has already called twice today.

8
General Issues / Re: Asking court for Clarification
« on: Apr 18, 2011, 07:48:58 AM »
Thanks I will try that route, but based on past experiance with the Clerks office, it is not going to be easy.
 
Mixedbag
   great insight there, I know what judge stated as I wrote down about every word, but how the final order reads is going to be anyones guess.

9
Custody Issues / Re: The Courts do listen at times
« on: Apr 18, 2011, 07:38:06 AM »
Apparently the message was not strong enough for BM, While on the phone with her, she told the child and I quote "Tell your father, you do not want to talk with him, as you are adjusting and hang up the phone" which he did.
 
Prior to that she called asking to move the pickup location, something about not enough gas to make it, we agreed upon a location about mid ways. Day of pickup, I get a call from the Police station right at the pickup time, stating I needed to go police sation and ask for Officer XXXX, when I arrived BM was there with son, we waited for half an hour for Officer XXXX to arrive.
 
Once there BM, informed Officcer that son had something to tell him, at which point Officer, son and BM went to rear of vehicle and began the conversation. BM returned to her car, retrieved her copy of the Restraining Order, now what infuriates me, is the child was there as BM and Officer discussed whatever, pointing and reading the RO.
 
BM left,  son was brought to me, Officer asked me a question, I informed officer, I would first like to get my  son in the car as he should not be part of this conversation, officer agreed. Was told that son stated I threatened him night before and did not want to go with me. Officer stated he explained to BM, that she could leave with son, but she would be breaking the order. She was entitled to fill out a complaint, but that should be done in the county where RO was received.
 
I asked for and officer handed me, the report number, badge number, and his name.
 
I will be filing Motion with court, for primary custody based on Bm's latest behavior
 
why cant peple be adults

10
General Issues / Asking court for Clarification
« on: Apr 18, 2011, 07:23:02 AM »
in NC, does anyone know if it is proper to send a Judge a letter, and CC opposing Counsel, seeking Clarification or Intent on a ruling.
 
1. Ruling was handed down 3 days ago
2. Written Order and Finding of Facts have not been received or Filed as of time of this writing
 
The Clarification is needed as the ruling affects the educational location of the child in the action, and there is only 1 week before he is to be enrolled in school. School currently out for spring break.
 
Thanks and the answers will not be taken as legal advice, just wondering if anyone has done anything similar, or knows if it is considered proper or not.

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