Topics

1

Child Support Issues / Reduced CS, retroactive. How does this work?

« on: May 16, 2007, 10:33:31 AM »

My CS order was modified and reduced. The agreement our lawyers worked out makes the order effective in January of this year.

The order was just signed by the judge two weeks ago and after checking today, I am told it should be completely processed in the court by the end of this week and then the copies will go to the OSCE where I have a witholding order in place to make sure I have records of the payments.

My question is this: How will OSCE handle the fact that I have been overpaying since January? I've been overpaying approximately $150.00 per month.

Will I get a  refund? Will my ex owe me the money? Will they reduce my weekly payment until the "extra" is paid?

Anybody out there with any experience in this area?

2

Dear Socrateaser / Is there a new Soc?

« on: Apr 30, 2007, 07:57:02 AM »

I see we are seeing answers from Socrateaser. Just wondering what's up.

An announcement would be nice SPARC Admin.

3

Dear Socrateaser / Conflict of Interest?!!!!

« on: Feb 09, 2007, 02:42:36 PM »

Case is in MD

Ex has been unemployed for quite some time. I just discovered that Ex has obtained employment with the lawyer who is representing her in the current CS review.

Isn't this a conflict of interest?

Thanks

4

Dear Socrateaser / Deleted text

« on: Aug 07, 2006, 11:47:57 AM »

lll

5

Dear Socrateaser / CS Question - Income to include?

« on: Jul 17, 2006, 08:32:15 AM »

Weird situation. My son is being deployed to Iraq later this week. He has given me a general power of attorney to handle things for him while he is gone. He is married, but separated. My questions are:

State: Utah

Current Order in Place: None - no court filings yet. Separated since January.

Question: I want to send CS to her equal to what the guidelines would call for under the state of Utah since no order is in place. Her and my son have been bickering and I don't want to get in the middle of that. The bickering has been over how much of his income should be included in the calcuations.

I maintain that all of his income should be included. From what I understand, she does also.

He thinks that a portion of his income (LEI I think he called it), is specifically set aside for him and should not be included.

I have never been in the military and don't understand how the pay thing works. I know he gets allottment for clothing, etc. I will have all of the paperwork by the end of the week and want to make sure the kids are taken care of.

Do you know if all income should be included or if there are allowances for income earmarked for a service member exclusively?

Sorry for not having any more details. At this time, this is all the information I have. PS - going to court and/or filing for him is not a viable option. I live 2,000 miles away from the kids and the base he is currently stationed at.

Thanks!

Thanks!

6

Dear Socrateaser / DSS Report

« on: May 24, 2006, 06:06:41 AM »

I am pro se. My case is looking real good at this point. Trial soon.

Court ordered DSS investigation of BM due to excessive absences this school year.

Court and custody evaluator has copy of DSS report. BM was pro se but recently retained an attorney whom I am sure will obtain a copy of this report as well. I understand that the DSS report is pretty scathing, but short of neglect so no formal charges.

My question: How do I get a copy of this report so I can use whatever information is contained in it to develop questions to ask BM while taking testimony?

If you need more information, I will need to e-mail you.

Thanks!

7

Dear Socrateaser / Pendente Lite Hearing Order

« on: Mar 08, 2006, 12:29:53 PM »

How long does the court have to issue an order on a Pendente Lite hearing?  In court looking for temp. custody on 2/27. Judge said he wanted to consider all the facts before making a decision and he would have something by the end of the week. Nothing has been issued to date (3/8). Don't they have some type of regulations governing how long they have to rule on a hearing?

I don't want to make the court angry, but what are my options?

8

General Issues / Sad Milestone to Reach

« on: Jun 05, 2007, 06:46:40 AM »

This from the Legal Reader on May 21st:

For the first time, California will spend more on incarcerating inmates than it does on higher education.

Wonder what legislators, educators, and the courts are doing for kids and parents who are being victimized by the system while all this is going on? I am sure we all know the answer to that one already.

I will not be shocked to see this happening in more states. A sad commentary on our priorities and values.

9

General Issues / Unbelievable Abuse Story

« on: Apr 21, 2007, 07:32:06 AM »

I read in our local paper this morning:

Washington DC Police Officer cleared of child abuse charges.

It seems this single mom police officer at 37 years old, left her 7 and 8 year old children home alone every day.

The kids told police:

Mom left a 5:30 am and called them at 6:50 am to get up and get ready for school. The children would dress, eat breakfast, and walk 5 miles to school alone each day.

After returning home, the children were under strict instruction to not leave the house and mom would return home at 5:30 pm.

Additionally, the mother beat the older girl with a belt and left 10 marks on her arms.

The school called in a complaint to CPS because the children were walking to school with no coats on in 33 degree weather.

When questioning the mother this is what was said:

Asked if she beat her children? Yes, I beat them. Obviously not enough. I beat my children and I'll beat them again.

Asked if the children walked to school with no coats? If I thought they needed a coat, they'd have one but I don't think they need one. When I think they need one, I'll get them coats. If the school sends them home with coats, I'll send the coats back.

Asked if she left her children home alone? She admitted to leaving them unattended.

Charges? 2nd degree assault, leaving a child unattended, etc. as we should expect.

Result? A plea agreement in which she pled guilty to leaving the children unattended. Everything else was dropped.

Between being charged and sentenced, she moved to another county, took parenting classes, and switched her shift at her job so that she is now available to care for her children in the mornings.

She is still a police officer in Washington DC. The plea agreement allowed her to keep her job.

The judge in the case stated he agreed to the plea agreement because he felt leaving the children unattended was the worst offense.

Her sentence? 5 years of unsupervised probation and 5 days of community service. If she adheres to this, her record will be expunged and the charges will disappear forever.

I feel she moved to another county to get the kids away from the school where the report was made. She said she would beat the children again. I bet she already has.

In the entire article, there is never any mention of if the children were removed from her custody at any time. And obviously, the children are still in her care and control.

This is what our courts do. BTW - this happened in Maryland, in a suburb close to Washington DC.

What a sham. I feel so sorry for those kids. She will never stop abusing them. Someone I spoke to about this said "where is the dad?". I said what does it matter? Obviously, the courts found nothing wrong with her behavior and I am sure they would not have deemed this a reason to change custody.

It's no wonder I wasn't able to get my child due to the mother's educational and medical neglect. I thought my situation was bad, but this just takes the cake. Wonder what's wrong with our kids? Just take a look at the people the courts are deeming fit to raise them!

10

General Issues / For Mixed Bag

« on: Mar 15, 2007, 08:14:38 AM »

Hey, you are still in MD right?

I see you are a trained mediator. What kind of training is required for that and are you making any money from it?

Where do you conduct your mediation sessions?

I've been involved in this mess for so long, I've developed quite an interest in it (sick huh?) and becoming a lawyer is out of the question. I have been thinking of coming up with some type of side thing to do in addition to my full time gig that will allow me to write off some of my living expenses (home office, etc.).  However, I'd like to do something that I can control the time I put into and this seems like an ideal situation.

What's your POV on that?