Topics

  I have an already prepared "Satisfaction of Judgment" from ex's Atty that I need to sign and have Notarized. One sentence needs to be omitted.

  1. Can I just black the sentence out with a marker and still have it notarized or do I need to type up or obtain a fresh one?

  2. If deletions are allowed do all parties just initial the crossed-out section?


Thanks Soc

 Trying to settle affairs on college support (tuition) owed CP in Missouri. I am ready and willing to pay in full within 2 weeks.

 CP has attorney, no motions currently filed (just 'nasty' letters), but they are threatening to go after an interest judgment (if I don't agree to pay more than I owe), which would require a judgment on amount owed (we have thus far 'agreed' to amount due and owing but no court has ordered or adjudged amount due).

 'CHILD' is emancipated.

  I found out that ex'es atty is a municipal judge for the city in which the judicial circuit court is located.

1. Can her attorney, being a judge, represent her in the circuit court if they choose to file a motion?

2. Would her atty have some preference or 'pull' in that circuit court being that said atty is a judge in the same town?

3. If either 1 or 2 are 'yes', can I do anything to disqualify or move case elsewhere?

Dear Soc,

  I was court-ordered to pay 60% of my daughters college. I made a few payments as I was able. I called the CP on the very day I received a certified letter with the final billing after my daughter graduated. I have been cooperative from that date forward.

  She obtained a lawyer over my filing to stop child support after emancipation. Of course she then discussed the money I still owed for college.

  We agreed on an amount owed, then her lawyer goofed around forever in writing up the "Satisfaction of Judgement". I wrote back that I had no dispute with the amount we agreed upon (there is no judgement for a set dollar amount) but I had just paid off a 401k loan and would have to wait 60 days (that's the rules) before I could take out another loan for $12K+ to pay off my ex (her client).

  Today I get a NASTY letter stating that I have until Oct. 8th to pay her client in full or they are going to file a contempt motion and I will also have to pay her atty. fees. I wouldn't think they could win atty fees since we have all been in agreement (of sorts) to settle this matter.

  Frankly, it seems like 'scare tactics' to me. Litigation will take even longer than the 60 day wait I had informed them of. Plus, as I stated there is not even a clear concise 'judgement' for a set dollar amount.


  1. Would we not have to litigate the actual amount owed through discoveries, interrogatories etc. before they could successfully file CONTEMPT? (She included all sorts of ridiculous expenses she TRIED to bill me for that weren't under court order).

  2. This really is the only way I can get my hands on $12k, are they just bullying me?

  3. I also proposed that the money be held in trust or escrow with a third party (sheriff's dept or circuit clerk) until the judge signs the "Satisfaction of Judgement". They responded that a judge NEVER signs a S.O.J., that it is merely filed with the clerk. Bologna or the truth?

  4. How can I respond to this threatening letter in an effective manner?

  5. I might not be as willing to pay it in one lump sum if we have to litigate the matter, leaving them the option to get it SLOWLY through wage garnishment. How can I convey that without sounding like I am blackmailing someone? (You know, put it nicely, no longer agree to pay it up front)?


 Thanks Soc, hoping to hear from you soon.

Soc,

  Would like your opinion again. Brought this issue up recently on your forum. State is Missouri. DCSE's policy is that you must file motion with circuit clerk, obtain summary judgement etc.....

To summaraize:

Paragraph 4 mentions automatic accrual etc......

Paragraph 5 is what I believe they are interpreting to force each individual to periodically obtain judgements.


      1. Do Para. 4 and Para. 5 conflict?

      2. Also, para. 5 states no affadavit of payment history required when division acting as trustee etc...  Who then will calculate the interest when DCSE says its not their job?

       3. Illinois has a sililiar statute that seems more clearly defined and they refer to "12-109 Code of Civil Procedure", "to comply with Federal Law", Doesn't Missouri have to comply with the same law?



Next para relates to question 3:

Interest on child support. PA 94-90, effective January 1, 2006, amends all child support statutes to provide a complicated formula to calculate on a monthly basis simple interest on child support arrearages to comply with federal law.




Remainder of text relates to questions 1 and 2:

RSMo 454.520.

3. All delinquent child support and maintenance payments which accrue based upon judgments of courts of this state entered on or after September 1, 1982, shall draw interest at the rate of one percent per month.

4. The interest imposed pursuant to subsections 1 to 3 of this section shall be simple interest. Interest shall accrue at the close of the business day on the last day of each month and shall be calculated by multiplying the total arrearage existing at the end of the day, less the amount of that month's installments, by the applicable rate of interest. The total amount of interest collectible is the sum of the interest which has accrued on the last day of each month following the first delinquent payment. This interest computation method shall apply to all support and maintenance orders, regardless of the frequency of the installments required by the court. If the order does not specify the date on which support or maintenance payments are to begin, it shall be assumed that the first installment was due on the date the order was entered, and subsequent installments fall due on the same day of the week, or date of the month, as is appropriate. Payments which were to begin on the twenty-ninth, thirtieth or thirty-first of any month shall be deemed due on the last day of any month not containing such date. The interest imposed pursuant to this section shall automatically accrue and attach to the underlying support or maintenance judgment or order, and may be collected together with the arrearage, except that no payment or collection shall be construed to be interest until the entire support arrearage has been satisfied. Such interest shall be considered support or maintenance for the purposes of exemptions, restrictions on amounts which may be recovered by garnishment, and nondischargeability in bankruptcy.

5. As a condition precedent to execution for interest on delinquent child support or maintenance payments, the obligee shall present to the circuit clerk a sworn affidavit setting forth the payment history of the obligor under the judgment or order, together with a statement which details the computation of the interest claimed to be due and owing; except, that the payment history affidavit shall not be required for periods during which the clerk is acting as trustee pursuant to section 452.345, RSMo, or the division is acting as trustee pursuant to this chapter or any other provision of the laws of this state. It shall not be the responsibility of the circuit clerk to compute the interest due and owing. The payment history affidavit and statement of interest shall be entered in the case record by the circuit clerk. If the obligor disputes the payment history as sworn to by the obligee, or the interest claimed, the obligor may petition the court for a determination. The court shall hold a hearing and shall make such a determination prior to the return date of the execution, or if this is not possible, the court shall direct the sheriff to pay the proceeds of the execution into the court pending such determination. If the determination as made by the court is inconsistent with the payment history affidavit of the obligee, or the interest claimed, the amount of the execution shall be so amended.

Hello Soc,


     On 4/11/06 I filed a pre-printed form with the court entitled "Affadavit of termination of Child Support". I checked the block stating child graduated college and noted actual graduation was 5/06/06 which then was in the future (irrelevant). Cp was served on 4/24/06. She had 30 days to respond.

     Believe it or not she filed her own pre-printed form entitled "Answer objecting to termination of child support", on 5/19/06. Her stated reasons were that NCP (me) has not paid 60% of college per court order, blah, blah, blah.

     Yes, I still owe her some reimbursement for college tuition but I have been paying (court order only states that I am to reimburse her, with no stated amounts or schedules). That has absolutely nothing to do with Child Support. Missouri statutes state clearly that my daughter is emancipated upon graduation from college.

     My daughter is moving out of state this Saturday on her own with a full time job paying $23.00 to $24.00 an hour.


     So, I will continue to be garnished until we can go back to court (garnishment is for CS only).

     The court clerks letter to me states that if I want to proceed any further with this termination, I will have to talk to an attorney and file a motion to modify.


    1. Does it have to get that complicated and open up the entire judgement to modification, instead of just emancipation?

    2. Can I just request a hearing on the one issue I raised with the court which was termination of CS?

    3. How do I respond to the court?

    4. How/when  do I ask for repayment of overpaid CS after the emancipation is cleared up?


    5. If I do in fact have to file a motion, does that mean I could only recover overpayments made after the date she is served with the motion to modify?


Thank you Soc!

Hello Soc,

  Hope I can be brief, here is the Missouri Statute. In particular para. 3,4, and 5.



Delinquent child support and maintenance, interest on, rate, how computed--execution for interest, when, procedure.
454.520.

1. All delinquent child support and maintenance payments which have accrued based upon judgments or orders of courts of this state entered prior to September 29, 1979, shall draw interest at the rate of six percent per annum through September 28, 1979; at the rate of nine percent per annum from September 29, 1979, through August 31, 1982; and thereafter at the rate of one percent per month.

2. All delinquent child support and maintenance payments which have accrued based upon judgments or orders of courts of this state entered after September 28, 1979, but prior to September 1, 1982, shall draw interest at the rate of nine percent per annum through August 31, 1982, and thereafter at the rate of one percent per month.

3. All delinquent child support and maintenance payments which accrue based upon judgments of courts of this state entered on or after September 1, 1982, shall draw interest at the rate of one percent per month.

4. The interest imposed pursuant to subsections 1 to 3 of this section shall be simple interest. Interest shall accrue at the close of the business day on the last day of each month and shall be calculated by multiplying the total arrearage existing at the end of the day, less the amount of that month's installments, by the applicable rate of interest. The total amount of interest collectible is the sum of the interest which has accrued on the last day of each month following the first delinquent payment. This interest computation method shall apply to all support and maintenance orders, regardless of the frequency of the installments required by the court. If the order does not specify the date on which support or maintenance payments are to begin, it shall be assumed that the first installment was due on the date the order was entered, and subsequent installments fall due on the same day of the week, or date of the month, as is appropriate. Payments which were to begin on the twenty-ninth, thirtieth or thirty-first of any month shall be deemed due on the last day of any month not containing such date. The interest imposed pursuant to this section shall automatically accrue and attach to the underlying support or maintenance judgment or order, and may be collected together with the arrearage, except that no payment or collection shall be construed to be interest until the entire support arrearage has been satisfied. Such interest shall be considered support or maintenance for the purposes of exemptions, restrictions on amounts which may be recovered by garnishment, and nondischargeability in bankruptcy.

5. As a condition precedent to execution for interest on delinquent child support or maintenance payments, the obligee shall present to the circuit clerk a sworn affidavit setting forth the payment history of the obligor under the judgment or order, together with a statement which details the computation of the interest claimed to be due and owing; except, that the payment history affidavit shall not be required for periods during which the clerk is acting as trustee pursuant to section 452.345, RSMo, or the division is acting as trustee pursuant to this chapter or any other provision of the laws of this state. It shall not be the responsibility of the circuit clerk to compute the interest due and owing. The payment history affidavit and statement of interest shall be entered in the case record by the circuit clerk. If the obligor disputes the payment history as sworn to by the obligee, or the interest claimed, the obligor may petition the court for a determination. The court shall hold a hearing and shall make such a determination prior to the return date of the execution, or if this is not possible, the court shall direct the sheriff to pay the proceeds of the execution into the court pending such determination. If the determination as made by the court is inconsistent with the payment history affidavit of the obligee, or the interest claimed, the amount of the execution shall be so amended.



  I was under the assumption that interest would actively accrue on any unpaid arrearage at the end of each month automatically by DCSE or whoever. Now I seem to think differently.


    1.  Does this language mean that an obligee would keep track of the arrearages, and after say a year or two, file a motion requesting a summary judgement of interest due and owing?


    2. Assuming above understanding is correct, would you then have to repeat process every so often to get new interest amounts added/ordered and reduced to summary judgement?

    3. Or........ do you only do this the first time then DCSE handles an ongoing interest calculation at the end of each month until arrearage is satisfied?



   Current arrearages of approximately $20,000.00 exist so the amounts could be substantial or at least provide some incentive to get caught up.




Thanks again Soc.

State is Missouri.

I recently came across statutory law (I thought I did???) that cited the Division of Child Support Enforcement's ability to Intercept Tax Refunds for arrearages. Now I cannot locate anything on this matter.


1. Is this Federal or State Laws that govern this issue?

2. Can both STATE and FEDERAL returns be intercepted?

3. Where can I find the above mentioned statutes?


Thanks again  :)

Thanks Soc,

   State is Missouri.

   Will try to be brief. Our 16 year old daughter (my stepdaughter) has just told us she is pregnant. It is a possibility she will leave our home against our will to be with her boyfriend at his parent's house when she turns 17 in two months. From what I understand we cannot legally stop her.

   We are quite certain once reality sets in that she will realize the mistake she is making and end up back on our doorstep, baby in tow. Of course we will take her back in but need to know if we must emancipate her the moment she leaves, knowing she will be back. Then we will have to support her with no help from her biological dad. She is currently in 10th grade with two years of high school left.

  Statutory law states that it is the custodial parents duty to inform the NCP and the court of emancipation, plus pay back any overpayments after emancipation.

  If it matters, there are two other children on the same CS order that will still be in the home.

  We just want to make sure we do this correctly.

1. Can you briefly explain our responsibilities or duties on this matter?

2. How does it affect the issue, if at all,  that we are not letting her go willingly (regarding consent, implied consent, no consent)?

Thanks in advance Soc,

   Recently got out of court (Dec 29th) for modification. Biomom is extremely displeased with outcome. I paid all medical/dental etc. for 18 years, now it is 50/50 per my motion. State is Missouri.


   I am suddenly being bombarded with bills from up to a year ago that I have never seen before.

        1.  Isn't there some law or something that states that bills should be forwarded to NCP (or responsible party) within 30 days?

   
     Judge did not specifically state that shared medical went back to the date of the filing of my motion but I believe it to be implied, yet she expects me to still pay 100% up to the date of actual judgement.

         2. What amount do I have to pay?


     There were also visits out-of-network that would have been covered under my plan if she had planned ahead (non-emergency, routine stuff).

         3. Do I have to pay any of these amounts?


    Stepdad has insurance (not court-ordered of course) also and better dental that they have always used instead of mine, now she wants me to pay these amounts too.


          4. Do I have to reimburse her if the expense did not come out of her pocket, but was paid by stepdads insurance?

Dear Soc,

Opposing counsel is suggesting "Ziegenthaler Parenting Plan" (yes the speling is correct) in a settlement offer. The state is Missouri if that matters.

    1. What is it and where might I find details?


Thanks, as always!  :)

Dear Soc,

Quick reply needed for court date on Friday. Info not for my case but is for "the petitioner".

Respondent (NCP DAD) has willfully failed to answer interrogatories, produce documents or sign a release of medical history (ordered by the judge).


Failed to answer int. or produce documents (1st set) several months ago. Petitioners atty. filed for sanctions and had hearing. Opposing atty. handed her documents, she said, ok and dropped sanctions failing to realize that much of it was incomplete OR MISSING, even though it said "see attached". Bad attorney.

Re-DO..... Petitioner filed "second or amended set of interrogatories and request for documents. Respondent failed to answer again, or produce documents or sign medical release and completely failed to acknowledge the deadline that has passed. Petitioner's atty again filed for sanctions (hearing Friday).

Now, respondent has filed for an extension of time (to also be heard Friday).


Petitioner has had it. There have been two extensions granted already. Attorney fees are climbing and petitioner wants it over and done. Case has lasted 9 months already and only issue is simple child support.

Trial date currently set for March 15.

Petitioner has an ironclad case already and is willing to go to trial without the missing information as Respondent is attempting to DELAY, DELAY, and DELAY.  

Neither the Interrogatories  or the request for documents were anything out of the ordinary that would be overly burdensome or take an extensive amount of time to answer. Basically there is no excuse for respondent to have not answered in a timely manner.

Petitioner answered and provided same info before the first deadline several months ago.


     1. Since Petitioner is the party most likely to be harmed by the 'missing information' and was the party requesting such information can she request to go to trial with or without it?

     2. Can you give me an example of a  brief legal pleading to argue for the trial to take place as scheduled?

Thanks again Soc, Your service is indeed a valuable one.

  Ok, here we go again dealing with the bumbling bureaucracy of the institution known as Child Support Enforcement. State is Missouri.

  3 years ago was going through a modification trial. Judge ruled that CSEA to 'determine amount due and owing" for arrearages. Agency sent a number back to the court and judge ordered that I pay that amount, and also the 'new' increased child support. SIMPLE. Paid it almost immediately.

  I asked for an audit of my account on Dec. 31st of the same year because my tax exemption was contingent on being current on child support. I wanted to make sure my account was correct. The answer astonished me. They sent a letter stating that I was $1500.00 overpaid. I asked for it to be returned to me because they made the mistake. Their response was that I would have to get it from Biomom because it had been disbursed. FAT CHANCE OF THAT. I asked them to withhold a small amount from current support, they said it might impact the child to do so and it was against state law.

  They finally said it would be held as  (or against) "future arrearages". WTF??? I am being garnished so not sure how I could ever be in arrearage again (other than future backdated modifications).


  Lo and behold. I called last week and asked for an accounting again and I mentioned the $1500.00 overpayment. The caseworker says "Oh, that has been zeroed out". "You paid the money directly to biomom (duh, there was no garnishment at the time, how else would I pay her??) and it was no fault of the agency so it is considered a gift.

  Of course I was a little angry. You would think they might inform me of this "deduction".

  I stated that it was ABSOLUTELY the fault of the agency, that I paid it under court order based on a number they provided the judge. The caseworker disagrees of course.

  I am waiting on a payment history in the mail.



  1)   I am afraid my money has disappeared into the black hole of bureacracy. How do I begin?

  2)   I do not know when this action was taken but I was not notified, is there a time limit on which to contest the action and is it based on the date of the action or when I found out about it?


  They did send me a letter 2 years ago that stated the overpaid status. I moved and cannot find it. It is probably somewhere, same caseworker remembers the letter and I would imagine it is all documented in my case file.
 

    3)  And now for the next big "IF". Do I try to get MY MONEY back? Will it somehow trigger biomom to smack me back in my place for messing with what is now, HER MONEY?

To recap, this is in regards to a case I posted regarding my trial of Nov. 23rd.

Judge (in chambers pre-trial) stated I could pay guideline support and half of college in Missouri or a slight reduction and pay 75% of college. He finally ruled on the case and unbelievably reduced my child support a whopping $400.00 a month below guideline and ordered me to pay 60% of college. I am ecstatic to say the least. Biomom's money-grab was unsuccessful. Basically overall the cost to me still averages "guideline" even including college.

There was one error on the judges part that is absolutely reversible in that he denied my child support abatement for the fall semester due to biomom failing to meet statutory reporting requirements. This is supported by appellate case law. It isn't however worth pursuing since child support is now only $250.00 a month and retroactive to last summer. The four month abatement I requested would now only amount to $1000.00 and is not worth pursuing.

My question results from the fact that biomom will hit the roof when she learns of the judgement. She was 'convinced' she would get $700.00 a month CS plus 75% of college paid by me. This is what she asked for at trial. (Daughter lives at college).

I doubt there would be any merit to the issues she might appeal because the judge has great latitude to rule on CS amounts and college costs and mothers own testimony revealed daughter spends little time actually in her home. Appellate courts seem to generally avoid this issue unless the ruling is grossly in error.

I would rather not file an intent to appeal (to preserve my rights) because that might 'rock the boat'.



1. If she files a timely appeal to pursue her issues (if any), will I then be afforded the opportunity to cross-appeal because of her appeal or have I forever lost my chance?

Thanks again Soc!  :)

Hello Soc,

   The state is Missouri.


This might not set well with you but would appreciate your answer. In a modification action a little over 3 years ago I had a judgement against me to pay $1000.00 of the ex'es atty. fees. To date I have paid the nice man nothing. He has attempted garnishment (already garnished to the max per law), and he has this past summer attempted to seize my bank accounts (unsuccessful as all of the deposits originated from federal payroll deposit and were exempt?????). I just went to the court house and looked at my file. Three years have now passed. No furhter entries have been made.

1. Doesn't the lawyer have to 'revive' (or something) the judgement every few years for it to remain enforceable?

2. How long is a judgement valid until a 'statute of limitations' runs out and he can no longer collect.


I really hate the guy, he was THE WORST snake of a lawyer I have been up against thus far!  :)

Had my trial yesterday for CS mod and college tuition for my 20 year old daughter. My jaw was on the floor. The judge pretty much had his mind made up in the pre-trial conference in chambers. I won't get the actual judgement for about a week but the judge was pretty clear how he felt. The trial followed.

DD lives in the dorm and by biomom's own admission spends only 1 weekend a month at her home and 1 month in the summer.

I will pay GUIDELINE child support of $700.00 per month AND 1/2 of college tuition, room, board, books etc at an expensive private college that I had no part in choosing. DD could have attended the STATE college free after scholarships and obtained the same degree.

OR

I will get a SLIGHT offset in my guideline support if I pay 75% of all out of pocket college expenses.

I will most likely NOT get the tax exemption that biomom has gotten for 18 years, Nor will I be able to pay my ADULT daughter the CS directly.

Yes I had a lawyer, but I wonder why I wasted my money. I don't see how it could have been any worse.

This was his opinion before the trial and I don't believe anything came out in the trial that would change his mind. No one slung any mud and biomom was 'caught' lying only once. She mostly told the truth thankfully.

I pay CS to another woman for a different daughter also so I am penniless most of the time. Now I am totally screwed. My expenses already exceeded my income. The judge did not give a hoot what my expenses were and I was very honest about them. He only looked at my income and hers and made his decision.



  1.   Since when does a father not get an offset of CS when the kid does not live with mother for most of the year and he is also ordered to pay for college?

  2. I know trial judges are given much discretion to order CS and college as they wish but can I appeal this?

The state is Missouri by the way.

Soc, Just a quick question. Currently involved in a CS mod. State is Missouri.

1. If NCP received a substantial inheritance during this litigation will it be used in calculation of new CS amount?

I have received a letter from ex-wife's atty requesting tax filings, pay stubs etc (they did not send theirs). It outlines that they want guideline support plus tuition etc. Nothing has been filed with the court yet. I know I don't have to respond until a case has been filed and their letter states that. They want my info which they will use to TELL ME what I owe (in their opinion) etc. The requests are unreasonable and it will end up in court anyway.

1. If I do not respond can this be cause for reimbursement of their attorney's fees for me not making a good-faith effort to keep it out of the court room?

I will try to be brief.

Here is a Missouri Appellate Court opinion(partial) concerning child support abatement when college expenses are paid:

Specifically, section 452.340.6 RSMo 1997 Supp.(FN1) provides:
At the parent's option, a parent may pay one-half of the college room, board, tuition, mandatory fees and book expenses of the child as a credit reduction in the amount of child support during the months when a child attends school, if such child is enrolled as a full-time student and living away from the family residence for a majority of the school year, unless provisions for payment of college expenses are specified in the parenting plan or court order; except that, if such payment of college expenses is less than the court-ordered child support, the parent shall pay the difference between such college expenses and the court-ordered payment as provided in the court order.

Although not directly applicable to the circumstances presented in this case, this amendment to section 452.340 does provide at least implicit authority for a trial court to order abatement of child support by crediting payments for certain college expenses made by a non-custodial parent. By its express terms, section 452.340.6 authorizes a non-custodial parent who voluntarily pays specified college expenses for a child enrolled as a full time student and living away from home to credit such payments against the court ordered child support. The credit is limited to one half of the child's specified college expenses. By excepting payment of college expenses required by the parenting plan or court order, the statute implicitly assumes that any credit or abatement of child support payments due to such required payments will be addressed in the parenting plan or court order. Accordingly, we hold that section 452.340.6 RSMo 1997 Supp. does authorize a trial court to order abatement of child support as a credit for payment of specified college expenses pursuant to a parenting plan or court order.



Here is the actual statute text from the state official website re: 452.340.6:


Missouri Revised Statutes
Chapter 452
Dissolution of Marriage, Divorce, Alimony and Separate Maintenance
Section 452.340

August 28, 2003

6. The court shall consider ordering a parent to waive the right to claim the tax dependency exemption for a child enrolled in an institution of vocational or higher education in favor of the other parent if the application of state and federal tax laws and eligibility for financial aid will make an award of the exemption to the other parent appropriate.



Finally, my question

I see no language like this in the text.

1. Does that mean it is revised or is there more definitive language regarding this statute that I could find elsewhere?

The state is Missouri. My daughter is 19 1/2 just completed first year of college. I am still paying child support as allowed for by state statute. Now the mother has retained an attorney and is requesting guideline support (I do pay slightly less than what she can get, but more than what is ordered in our very old decree) plus tuition.

My daughter attends college 12 months out of the year, lives in the dorm with a meal package included. She rarely comes home and no longer 'lives with' mom either. I agreed to increase child support voluntarily but for some reason she now thinks I should pay tuition in addition to CS.


1. Do I have to pay both CS and tuition or only child support?


2. Can I ask that my child support go directly to my adult daughter and can I also ask that mom pay child support to daughter also since she lives with neither of us?

3. My daughter receives several scholarships which helps to recuce the tuition but she could get her degree much cheaper at a community college but 'they' wanted her to attend a christian college. If I am liable for tuition does it have to be for this more expensive college or a portion of what she would pay at the community college?


Thanks in advance.

I will try to be short. After 15 years of physically abusive (documented) marriage, divorce was final October of last year. She walked away with only clothes, car and 2 of 3 children. He kept one child, house, equity, all furniture and posessions. She pays all medical and there is no child support. She agreed to all of this only to get away. He earns 75K, she 35K.

Now she regrets leaving 1 child and also attempted to negotiate child support via her attorney. He went berserk in front of the kids and threatened to kill her, me (I only met her after 1 year of separation), her family and himself and told her she wouldn't get a dime. The kids were bawling, she was terrified and dropped the issue again.

I am not pressuring her and would feel awful if something happened but she really could use some help. I was shocked when the judge signed the decree without questioning the disproportionate property settlement and lack of support. I pay over $1000.00 a month in child support so we are barely getting by.

He has made these same death threats on the phone any time money has ever been mentioned. He has not contributed a dime since she left him almost 2 years ago.

1. Can she reopen ALL aspects of the divorce case including custody, property and child support by proving she feared for her life?

2. Is there a 'safe' way to attempt this that would offer her some sort of protection?

3. Is it too late to get her other child back?


Thanks Soc and I hope my post fit your guidelines.

Darryl

To keep this short, Due to a miscalculation by DCSE a couple of years ago I have overpaid my CS by $1480.00. They tell me that once it has been disbursed to the CP I have to get it back from her, not them. Fat chance. I have at least 8 more years to pay.

1. Is there any legal way to have DCSE reimburse me directly or by withholding a small amount out of current support payments to the CP until the overpayment is erased?

2. They would not hesitate to take 'extra' if I was in arrears, with no concern for the financial impact on my household. Can't they do the same to the CP?