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Topics - CDAN99

#1
CSE is changing records, abusing power, making false accusations and serious threats to innocent people. But who to complain to if you want to go over their head for this wrongful behavior? I've been told the Governor's office but not getting any responses. Are there any decent media contacts available?
#2
I am in contact with someone who has paid off arrears in full as settled in Family Court. Now the CSE legal team states they made an error over 8 years ago and that the arrears amount owed has to be resettled Family Court. He's spent countless years and $$$ in court using the CSE records as accurate and now they are changing the numbers after the fact and threatening him.

Is there any recourse? Statute of Limitations?
Can they legally do this to him 8 years later?
Can CSE be sued?
He doesn't have the ability to hire an attorney so what should he do?
#3
Just wondering what the terms are for emergency court filings. Whenever there is a contempt of court charge, the court hears the case within a few weeks, otherwise is becomes a few months. I am going to court in a couple of months to answer the summons but I need to be able get back to living in my own home before then. Is there some sort of emergency court filing I might be able to file to accomplish this?
#4
General Issues / House lockout update
Nov 27, 2012, 03:30:34 AM
Had to call the police since I am being locked out of our home. Police said that this is a civil matter and there isn't anything they can do. They recommend that I hire an attorney. Unfreaking real.
#5
Someone in my family is being subpoenaed to appear in family court. This is being done to harass and harm her and for no other real reason. I am pro-se and would like to know if there is a way to avoid having this family member appear in court. Is there a way to file an affidavit on her behalf or request another court date for her due to extreme hardship?
#6
Wife has not filed for divorce yet but has changed the locks so that I can't go into my own legal residence. I have temporarily agreed to stay out in an effort to keep the peace in the hope of reconciliation. I can't afford to stay out anymore and just want to live in my own home under my own roof. I do not want to cause her stress but she is treating me as a doormat and threatening to sell the house from under me. What should I do. I feel I have the legal right to live in my own house. How do I go about doing this? Do I call the police when I am unable to enter my home?
#7
The problem is that I have been borrowing heavily so that I can pay child support because my unemployment benefits were delayed several months. Now that I finally received those benefits, the Judge has ordered me to pay 100% of it. There must be a max. amount they can take. I must be allowed to have something to support myself.

I showed my attorney the federal restrictions on garnishment law (Title 15, Chapter 41, Subchapter II) and he just laughed and said it doesn't apply to me. WTF?
#8
Child Support Issues / Can't pay court ordered CS
Sep 05, 2012, 09:04:31 AM
Hi everyone.
I had lost my job and have been struggling trying to find a new job. The court ordered me to pay an outrageous and arbitrary CS amount when I had no income. Now that I found a new full-time temp job, the judge refuses to lower the CS award according to the guidelines. I am earning much less than I used to through no fault of my own. I am also afraid that I will be found in contempt of court again if I don't pay the full CS amount. This is an impossible task to do. I have extraordinary travel expenses to work, combined with taxes removed from my pay, and a higher than guideline CS order leaves me with pocket money or nothing to live on depending on the week. This temp job has no benefits and involves risks associated with construction.

My question is this: Since my travel expenses to and from work amount to 33% gross income, what should I do?

1. Should I quit my job and find something closer to home? I will probably earn less but I am certain that the judge will still refuse to give me a CS downward mod. based on my wages.

2. Can my extraordinary travel expenses be excluded from my gross income or when calculating disposable income for the purpose of calculating CS? Apparently the court chooses to ignore the reality and they are making CS impossible to pay in full because of this.

3. Is there a way I can get the court to follow the CS guidelines so that I am able to pay some of my living expenses?

Apparently the judge thinks that I can survive having practically all my income taken from me. I have reached the point of basically giving up trying pay so much. It is not worth the construction related risks to continue this way.
#9
Father's Issues / At the hospital this weekend
Jun 15, 2009, 04:17:10 AM
My wife was bit on the hand by her dog and she had to go to the hospital over the weekend. She had 2 punctures and several red lines traveling up her arm from blood poisoning/infection. She is ok now and should be coming home soon.

She tells me that one of the first questions she was asked by the nurse when she got to the hospital was if her husband did this to her?

Well, I was floored but at the same time I have come to expect this sort of thing knowing how the DV industry operates. I feel this is gender profiling. I wonder if any guys are asked the same question when the genders are reversed when they go to the hospital?
#10
 A restraining order used to prevent a parent from seeing his own children AUTOMATICALLY includes that parent's relatives. Ex can have dad sent to jail if anyone of his relatives tries to make contact with the children (even though this is not in the RO). It is AUTOMATICALLY implied says the judge. Seems like they can put dad in jail for almost anything someone else does. I couldn't believe my ears when I heard it. Furthermore, it is IMPOSSIBLE to get a RO lifted without an attorney. Even with an attorney, it is virtually impossible. No proof of wrongdoing is even needed to keep the RO in place. Judge will just say the the RO can be used to prevent the father from ever trying to contact his own children without the court's permission. It is amazing how the system SO EASILY drives a parent out the children's life and keeps him out. They are guilty of PAS just as much as the mother in this case.
#11
CS is automatically garnished from my paycheck and now I no longer have the ability to mail the ex a CS check. The court and my ex made sure I never see that portion of my paycheck.

Now ex is saying that she is not getting her CS checks and claims that it is my responsibility to make sure that she somehow gets that CS payment. Now I can't discuss this with the ex because she keeps a RO on me forever and for no good reasons other than keeping me alienated from the kids so that she and her live-in BF can play the nice happy family without bio-dad while living on 3 incomes. The whole thing pisses me off to no end x( but back to the garnishment issue above.

What do I do? Anything? What can I do since I no longer see the CS portion of my pay? Who is responsible for possible CS screw ups when the payments are already garnished?
#12
Hello Socrateaser,

I will try to be brief.
Background: I am a NCP without any custody or visitation who is doing whatever is asked by the Court in order to have some sort of relationship with my kids. I have been kept away and alienated from them for many years through a TRO which has been extended 'until further notice' even though it is without merit or evidence. Perhaps you might remember me? Anyway, in the course of the last year I have been forced to spend additional $$$ to hire more court appointed cronies which are supposed to evaluate me and tell the court if it is in the best interest of the children for them to have a relationship with their father (me).

I had to let my last attorney go recently due to $$$ issues. There is still a no contact order in place for the ex and kids used against me which the judge refuses to lift. I just am trying to get some basic info about my kids, nothing earth shattering so I wrote a letter to my ex's attorney. I kindly asked him for the children's current home address, school name & address, and teachers' names. I have a court order for the all the info I requested except their current home address. I didn't think I would need a court order for that info since it is basic and fundamental info that every parent has the right to know. I don't know any other parent who needs a court order for that info. Do you?

The response I got from my ex's attorney is as follows....

I am in receipt of your letter of .... Please note, the information as to their (my children's) address is NOT part of any Court Order, so do not try to be sly. Secondly, you are well aware of the school name and address, etc., because you have been by the school, and that was previously addressed with the Court (that was last year but what about this year? I called the school and was told that one of children is not enrolled there).

Take notice, that I will not be made to answer frivilous correspondence (since when is a request for basic info about my own children frivilous?) or motions by you (none made), that are not part and parcel of court orders or the court rules (not sure what he is getting at here).  I would strongly suggest that you either retain another attorney (impossible), or abide by the rules (what rule is he talking about?), because if this is going to be your course of conduct, I will request Court sanctions against (sanctions for what?). You are not going to play games with me or my client, under any circumstances (Since when is a father asking for basic fundamental info and court ordered info about his children a game?).

Socrateaser, what should I do next? Should I write my ex's attorney another letter? I think my ex recently moved. I pay most of their bills and insurance as well. Do I have the right to know where my children live as well? If so, how should I go about finding this out?

TIA.
cdan99
#13
Dear Soc.

The state hired this particular Public Defender (PD) in it's case for an outstanding and large CS amount owed against me. I have been paying CS according to my revised CS orders regularly (which includes an additional amount for arrears) for many years now and the PD insured me that additional interest does not accrue as long as I am paying what the revised order says (and I have). But now (many years later) the PD says I owe a huge amount of additional CS as interest because no one ever filed to have the interest accumulation stopped in court. The PD fell short of blaming himself for the error but that is exactly what happened.

I have a major problem with this mainly because the PD was hired by the State and has cost me an additional outrageous amount of money to the benefit of the ex and the State for which I can never repay. Can we say "Conflict of Interest?" This is money I never had and yet the extorsion level becomes greater the more I comply. I have been working many more hours above my regular work hours so that I can attempt to afford to live and pay current support and arrears but they just raised the CS support level accordingly so that less goes towards arrears with my current OT wages. It is a viscous circle I cannot afford to live. I am at the point where I cannot afford to work. I want to just give up and have them keep me in jail forever since the system is purposely keeping me down.

Is there anything I can do? Can I sue the PD and the State for the damage they have caused in this conflict of interest?

Thanks Soc.
#14
General Issues / Employer makes cuts
Sep 27, 2008, 06:28:04 AM
Employer has decided to make cuts. I find the cuts highly unacceptable since they amount to substantial pay loss. Boss says take the cut or walk. If I walk, is it considered quitting? I need to know due to things like unemployment benefits and CS. I don't consider walking as quitting if boss makes arbitrarily changes amounting in pay decrease. Does the State view it this way? These cuts make it impossible and impractical to work there anymore. What should I do next? What would happens next time I go to court without a job? Will they consider a job loss due to this as quitting? Thanks.
#15
General Issues / SPARC Donation Page problem
Jul 27, 2008, 03:01:28 PM
Can't seem to get PayPal to work from here. Anyone able to get this to work?
#16
General Issues / PAS Archive is offline
Jun 08, 2008, 09:13:13 AM

Why is this gone? When can we expect it back? TIA.
#17
Long story short:

I remarried and unfairly owe back CS. Anyway, I figured my taxes if filed separately and I would owe taxes to the feds. At the same time, my wife would get a refund. But if we file jointly, we end up getting a bigger refund and I would not owe taxes at the same time. Problem is that the entire refund MAY get intercepted. Does my new wife file an Injured Spouse Allocation form now or later? I feel that if we do file the form now, it may tip of the feds and raise flags so that there will be an intercept. Or do we file an Injured Spouse Allocation form if the entire refund gets unfairly intercepted? Is it too late to file once the refund is intercepted? Also, my new wife is counting on getting her tax rebate from the feds. How will this be affected? Any advice is sincerely appreciated. Thanks.
#18
Long story short, there was a long and forced absence from children due to the mother using the children as weapons.

Fastforward to 2 years ago:
The Court Order states ... the children be refered to Mr Social Worker for the continued development of Father/children relationships and implementation of further visitation. The parties shall participate in the recommended therapy and shall cooperate in the signing  releases for records and scheduling the sessions as expeditiously as possible. Order signed on 6-27-06.

It took the social worker 6 months to get records transfered from the previous social worker who was retiring. This translated into over 6 months of no contact with my children due to the system's fault. The long time without visits greatly contributed to the ongoing problem. Who is accountable?

Mr Social worker then gives me two visits with my kid, each less than an hour. He wrote a report stating this recommendation: Continue Supervised visiting until trust develops for all concerned.

Two weeks later I had one more supervised visit with my kid but that was my last one. That was over 18 months ago! The social worker said my child suddenly developed "other mental problems" and could be suicidal if she resumes visitation with me at this time. I knew real problem was PAS and the social worker refuses to see it. He always makes up BS excuses to try to protect the mother. Anyway I was forced into accepting having my kid go for treatment for the "other problems" before any visitation would resume. I stated for the record that I highly disagreed with him and that this would only serve to further alienate me and prevent the father-child relationship from occuring.

Last week, the social worker stated that he has failed and can't help my kid want visitaion. This is pure BS! I am still asking Mr. Social worker to follow the court order and give me visitation with my kid. His response was that no one can force the child to have visits with a parent. I told Mr Social worker that he has the duty and obligation of informing the court that the order is not being followed from the very beginning. Mr social worker won't even do that. Damn deabeat system! My child is now 13 years old. Is there anything I can do?
#19
I have been working on this idea as a way to spread the word and make everyone listen about the unfairness in family court, child support and the need for change! The answer is ringtones!!! Sound good so far? Well I have been working on a way to make ringtones and it is real easy. I bought a $10.00 USB cable so that I can easily upload them to my cell phone but I am sure there are other ways to do this by sending an attachment to yourself (so I hear). I use .mp3 files and rename them to .mid files to get them to play on my cell phone. Anyway I made 2 ringtones as samples and would like to upload them here for anyone to try. If anyone has more ideas for more material like portions of songs or other .mp3 available then please post it here so I can make more :).

Let's make the world listen! I will email my samples upon request.... I think you all will like :)

PS. Thanks goes out to Waylon for his prompt call here this week. I appreciate all he and SPARC does very much.