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Dear Socrateaser / child support modification
« on: Oct 14, 2006, 11:35:51 AM »
Father-custodial parent-resides in Texas
Mother-non custodial parent-resides in Arizona
Court Order-Texas
Arizona is garnishing wages and sending the amount to us even though the order is from Texas.

Agreed upon child support modification reducing child support for the mother was filed in Texas court September 28th, and a copy was sent to me, the father who is the custodial parent.  

The order states:  "It is ordered that [mother] is obligated to pay and shall pay to [father] child support of $300.00 per month with the first payment being due and payable on September 1, 2006..."

This has been a long, drawn out process with mother taking nearly a year for her to hire, make payments to lawyer, and form a modification that I (father) could agree to.  When I was home on R & R from Iraq in August, I signed the modification.  The lawyer assured me that the date stated above would be changed to show the month following when the modification was filed with the court.  Apparently, that didn't happen.

Currently mother's wages are being garnished by the state of Arizona at the amount stipulated by the court when custody was reversed plus $120.00 a month in arrearages.  I agreed to lower the amount since any review by the attorney general would have her paying more, not less.  

Mother is now e-mailing my wife (I am still in Iraq) telling her to return $132.00 in child support from the month of September.

1)  Are we legally bound to send back this money even though most of it would be credited towards her arrears, and we have already used that money?

2.  If her wages countinue to be garnished at the higher amount(until the states coordinate records), are we required to send back the difference between that and the $300?  That would be fine except she would be credited for paying arrears, when if fact, she had not.  

Dear Socrateaser / Teenage son wants more control over visitation
« on: Sep 23, 2006, 06:32:57 PM »
Bio Dad lives in Texas and court order from Texas
Bio Mom lives in Arizona

Dad is custodial parent.  14 year old son just had a conversation on the phone with bio Mom regarding relinquishing her parental rights.  

She wants child support and arrears to be done away with.  Son likes the idea because he feels this would give him more control regarding visitation with her.  (Visitations have not been good, and son is put on major guilt trips when he wants to cut visitations short)

Bio Dad is remarried and is able to provide for son without receiving the child support.  Son is very close to Stepmom.  


1.  Would a judge even go for this?

2.  I suppose an attorney would be needed and would be rather costly????

Dear Socrateaser / Servicemembers Civil Relief Act
« on: Jun 11, 2006, 09:26:32 PM »
I know you don't like wives asking questions for husbands, but since mine is deployed to Iraq, maybe you can make an exception.  If not, I understand.  

One child-14 years old-resides in Texas
Bio dad (CP) Texas
Bio mom (NCP) Arizona
Jursidiction for case is in Texas

Bio dad agreed to sign a modification of child support to lower her monthly child support payment and arrears payment.  Since NCP waited so long to pay her lawyer, modification was not completed before bio dad deployed to Iraq.  With the modification, her lawyer sent a Waiver of Service.  Within this waiver is the wording:  

"Insofar as this suit is concerned, I waive all rights, privileges, and exemptions existing or that may herafter exist in my favor under the Servicemembers Civil Relief Act, including the appointment of counsel to represent me in this case."  

There are obvious reservations about signing this.  I am trying to contact our lawyer, but I have been unsuccessful thus far.  

Do you know if this is standard language?  

Can't bio dad just sign waiver saying that he waives making testimony and being served with citation, etc. etc.?  

Thank you very much for your consideration.

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