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Topics - IceMountain

#1
Child Support Issues / Tax refund interception
Mar 03, 2007, 08:53:37 PM
I posted this to Soc, but wanted to get other opinions, etc.

My child support order is in the state of Iowa and I live in Wisconsin. I found out on Friday from the Iowa Department of Revenue that CSRU intercepted my tax return so I called them to question what happened. I was told that they had indeed intercepted it, but the phone rep could not find in the case notes where a notice was sent to me or even why the return was intercepted. I did not receive notice they were intercepting.

I am not delinquent in my child support now and I was not delinquent at the end of tax year 2006. The rep said she would send the info to my worker to see if they could get the hold released, or at least release my wife's share of the return.

The CSRU website states that they must give notice when they inercept a return and that an appeal must be filed within 15 days if I disagree with the interception.

1. Do I have any legal ramifications against CSRU for not following procedure in notifying me that the return was being held?

2. Any other advice?

#2
I am required to have health insurance coverage for my son through my child support order.  My job does not offer health insurance until I have been employed full time for a year, which is not until September.  My wife carries the health insurance for both of us and my son.  The coverage for all three of us costs about $350 a month for health and dental, which is deducted from my wife's paycheck.

My son is in Iowa.  The insurance through my wife's employer will only cover him for emergency or urgent care while he is at his mom's house, however, it will cover prescriptions at major chains in his area.  The dental insurance is usable, but my ex does not use it.

Will I be able to deduct my son's portion of the health insurance coverage paid through my wife's employer?  

Family coverage is the same price for a spouse as it is for spouse and children, will this matter?  (in other words we pay the same for coverage for all three of us as we would if it was just her and I)

Can csru force me to take out insurance from my employer when I am eligible in September?  

Thank You

#3
Is disability insurance considered income for a CP when figuring child support?  I live in Iowa where they compare incomes of CP and NCP and recently found out my ex may be receiving disability or SSI for a 'muscle disorder'.  Prior to this she hasn't worked for over 2 years... but certainly not because of the 'disorder'.
#4
my brother & his wife are separating in iowa.  he wants to pay child support for his daughter but since it has not been ordered yet (less than week since separation) he doesn't know how to 'legally' pay it.  if he gives her $$ and she signs a receipt is that considered verifiable and will it count towards child support?

i've advised him to keep receipts for everything, any other suggestions?
#5
My child support order in Iowa requires me to carry medical insurance on my son.  Do I have to cover him under my personal policy, or can my wife cover him under her's without encountering a problem??

I'm concerned because I received a deduction on my child support because my health insurance with my past employer was so high.  (I've since switched employers)  My wife just got a really good job with excellent benefits and better insurance.  I just want to make sure I'm 'legal' in having him coverred under her insurance.

Thanks,
IM
#6
Child Support Issues / Yet another Iowa Question
Jun 20, 2004, 04:39:16 PM
I left this sight and went researching again.  I've come to the conclusion I don't know how to conduct a search for what I'm looking for.  Nevertheless I found a case in Iowa that cited rule 179 (b).  I don't know how old it is or anything, still trying to find that out.  

Anyway it dealt with an 'abadement' of child support during summer visitation.  In the case stated, the NCP was awarded an abatement of child support based on the fact that he had 6 weeks summer visitation and the NCP enjoyed 'minimal housing expenses' during that time.  His abatement entitled him to pay only 50% of his support amount during those 6 weeks.

Has anyone heard of a parent being awarded an abatement in Iowa?  If so, what were the circumstances surrounding the case?  I have a feeling if this was a law at one time, it no longer is.  But, I'm still searching....

Thanks again!
#7
Child Support Issues / Need Iowa Help
Jun 20, 2004, 03:37:11 PM
I spoke to my lawyer last week.  He frustrates me.  I'm starting to think I went with the wrong lawyer.  Anyway, I need some opinions and assistance on my case.

When I appealed my child support decision I sent copies of Iowa Code for determining parent income.  I thought I had it saved on my computer and I don't.  I need some help in locating Iowa Law concerning the use of overtime wages in determining income.    

When I filed for the mod I had started working overtime.  6 out of 8 weeks included overtime.  I sent copies of  paystubs which not only showed that I didn't work overtime everyweek, but that the overtime hours ranged from 6-20.  I have not worked any overtime now since April, and of course my income has been drastically reduced.  

I want to appeal the decision through my lawyer.  He has informed me that the thought that overtime cannot be included is a huge misconception.  I informed him that according to Iowa Code they cannot use it unless it is mandatory and that if it is speculative and uncertain they can't use it.  He said I would need a letter from my empoyer stating this.  I told him I submitted one to CSRU.  He said that the letter I submitted was too general and they would need something more specific to determine the overtime was spec. and uncertain.  I will be asking my employer for a work record listing my hours for the past 6 months.

He wants me to send copies of all the paperwork to him so he can review it and get back to me.  The problem is I can't find the case law I had sent that outlined this law.  Does anyone have any ideas that can help me here?  Or can you point me in the direction I need to find family court case law.  I had found the case law while doing a search and I can't remember the family name.  (Lesson Learned!)

I also appealed because my ex chooses not to work which leaves her with negative income and 0% of anything.  I argued that according to Iowa Law they have to input the median income or earning capacity.  Soc said it is up to me to prove earning capacity.  She's been trained 2 times as a CNA.  How would I go about obtaining these records?  Or would my lawyer have to subpoena them?

Since she chooses to live off the state I am resp for 100% of uncovered medical expenses.  This is my main reason for appealing their decision.  I have 12 years of medical expenses ahead of me.

Does anyone know of any Iowa Code or specific Case Law that will help my case?  I really need some help.
#8
I have received the appeal paperwork from CSRU.

A quick recap:

I appealed for two reasons
1. They used my overtime pay to compute my income
2. They did not use my ex's earning capacity or median income

I submitted actual Iowa Code concerning these 2 reasons.

*******

This is the paperwork I received today:
Here is our response to your request:

We will not conduct a second review because:
No new or different information was submitted. The earlier decision remains in effect.

The attached acknowledgement explains the Unit's review:

*** Income used was year to date as overtime was included in 4 out of 5 pay periods

*** Income information supplied by the custodial parent and verified through other sources. Median income cannot be used.

(she supplied $0 for income, add her deduction for another child and her income is a negative.)

*********

I called CSRU and asked them to explain these points. They told me that since she provided an income statement that they don't have to use the median income for her. They said that it is 'not necessary' so I asked why it was Iowa Code if it is not necessary and she said there are certain circumstances where it is not necessary.

She said she would have my worker send a written explanation of what this means.

I then asked about the overtime thing and again she danced around the question and said the same as above.

I told her that I did not have time to wait because the request for court needed to be submitted within 30 days of the original decision so she agreed to have the worker call me, however she refused to transfer me becasue the worker 'has to have time to review these things'.

Can somebody please help me here?
I tried to call my lawyer, but he's not in. I need some advice on how to handle the worker when she calls back.

#9
I got my new child support order mod papers today.  They are modifying but I don't think it is correct.  

1 they inputed my ex's income as zero which makes me responsible for 100% of uncovered medical expenses.  She is no longer on state assistance, don't they have to use her 'earning capacity' for her income.  She has another kid and her income is actually a negative.  She is a CNA but chooses not to work.

2 they used my overtime pay to determine my child support.  I haven't worked overtime since the pay stub I submitted with the mod papers.  I thought they couldn't use overtime to determine child support because something to do with 'slavery' to working overtime.  All they did was take my YTD income and use it to compute the child support.

I can't find the Iowa statute that would cover me for the overtime issue.  Can anyone help me with this?  I found a couple Iowa Code sections that deal with the 'earning capacity'.

Why is it that they can force a NCP to get a job to pay child support, but they can't force a CP to get a job to support their  children?  What a contradiction.

I have to file an appeal by Friday.  Please Help!!
#10
Iowa

I filed the paperwork for a child support modification and sent it to CSRU on Wednesday.

In the paperwork I was required to list my living expenses which included car expenses. I listed the amount of weekly gas I use and the insurance payment on my vehicle. I also listed the transportation cost for traveling 800 miles a month for visitation of my son.

After I filed the paperwork on Wednesday, I received a letter from my ex stating that she would no longer be meeting me half way for pick-up and drop-off on my weekends. (this is not court ordered).

Obviously, my travel expenses have just doubled for weekend visitations. I will now be spending about $200 a month driving 1600 miles (4 round trips).

So, my question is... should I send this new information to CSRU to be added to the paperwork I submitted last week or will I be basically wasting my time? If I send the information, should I send a copy of our previous agreement along with a copy of the letter she sent me and a copy of the divorce decree showing that it is not ordered who does the traveling? Will it even affect my child support or be taken into consideration?

I met with a lawyer last week and we will be proceeding with a modification of visitation as well. The transportation issue is definitely being addressed in that modification. If I get a reduction now due to the travel issue, won't she be able to raise it again after the mod is done?

I'm not out to waste anyone's time, and I especially don't want to tick off a judge by having to have the issue looked at again in 6 months or a year after the visitation mod is done.

Any advice for me?
#11
I have received the paperwork to modify my current support order.  (Iowa).  My income has decreased by about $5-$6/hour since last review.  I had to change jobs and move to another state due to a year-long lay-off from my employer.

I have several questions regarding the paperwork I need to fill out:

1- They ask how much my rent/mortgage, utilities, cable and phone expenses are.  As I stated above, I moved to another state.  My wife and I are currently living with family members and do not pay for any of these expenses.  However, we will be moving in a few months and will incur the costs at that time.  So, how do I answer this question?  Can I give what we reasonably expect to pay for an apartment when we move?

2- They ask for information on my assets including vehicles.  I own two vehicles.  One is licensed in my dad's name.  (put it that way during divorce).  However, the loan is in my name and I insure the vehicle in my name.  The other vehicle is in both mine and my wife's names, I am listed first on the title.  Do I list both vehicles under assets??

3- I am currently in the process of paying off my credit card debts.  They are all past due and I am working on settlements with the credit card companies.  Under Installment Payments how do I list a monthly payment for these credit cards?  I will make one lump sum on one and 3 monthly payments on the other and then they will be closed.

4- I am currently working overtime with my job.  I have to include the last 3 paystubs or the most current with YTD info on it.  Obviously, the OT pay really increases my paycheck.  I'm earning about an extra $600 a month in OT right now.  How do I approach this?  The OT will only last through this month.  Would a letter from my employer be appropriate?

5- Right now, without overtime, I only bring home about $670 a month after child support.  With the OT, I bring home about $1200.  I am currently not paying for health insurance because it is a benefit still available through my past employer.  Starting May 1 I will be paying for insurance again to the tune of over $500/month for family coverage.  As you can see... there goes my 40-hour week paycheck.  The papers say that only my son's share of the insurance can be used for a deduction.  The original divorce order stated that I would keep the insurance as long as it was obtainable through my employer at the current rates or another reasonable plan was accessible at a reasonable cost.  At that point my ex and I were supposed to split the cost 50/50.  The child support order that was put into effect 2 years ago states I am responsible for 95% of medical costs.  Which order stands??  I'm assuming the child support order overrides the divorce order.  

6- Just out of curiosity, why do they ask for information on assets, debts, spousal income, living expenses, etc. ?  What do they use the information for if income is used in determining support???

7- The paperwork also says that the financial statements I'm filling out 'may be filed with the court and may become public record.'  Who exactly is able to view these documents???  My ex?  Lawyers?  Any yahoo off the street?

I'm sorry for such a long post, but I'm really in need of some assistance from some more experienced people.
#12
Well, I decided to give myself some time to calm down about the whole situation and I called my son's counselor today.

Well... guess what???  My ex is so full of crap!!!

According to my son's counselor, there are "not many concerns".  She seemed surprised that I was even calling.  I told her that my ex had given me the list of things to try with him to calm him down.  She told me that the list was intended for my ex and should not have been given to me.  She also said that while he is with me this summer, the roles will be reversed and I can try the same tactics at that time.

So, now I'm just ticked.  My ex told me all this crap just to make me crazy.  I'm so mad.  She wanted to make me feel like a bad father, and dammit I let her!!  

I still have some serious concerns about what she is doing to him emotionally, and I will do what I can to help him.

I seriously think she has munchausen disease.  My son grew up the first year of his life not going more than 2 weeks without being at the doctor.  Then it slowed to about a month.  When he was 3 she had another child.  Same scenario.  My son isn't at the doctor as much now, but her daughter is still at the 2 week scenario.  And it's always because they are 'really, really sick'.  She's nuts.  She's not happy unless she's got one of them at the doctor... or in this case the counselor.    

I'm so frustrated.  Thanks for letting me vent!

#13
My son is 6 years old and lives with his mother.  I'm so worried about him and I'm not sure how to handle the situation.

To give you some background:
About 6 months ago my ex started to tell me that my son was scared to 'come to daddy's house'.  She said that he was afraid I would take him and not bring him back.  About 3 months ago she called me and my son was hysterical because he had just had a nightmare about the same thing.  That weekend he told me that he trusted me 'a little bit'.  Now, I'm not sure if he knows what trust means, but his mom does use the word alot when she is trying to talk him into trying something new, so I believe he has at least a small understanding of what trust is.  My son also told me that if his mom trusted me, he would trust me.

We do talk to my son alot about time frames.... I'll see you in 2 weeks, You'll be with daddy for 2 days, This summer you get to be with daddy for 6 weeks.  We show him on the calendar the days that are circled in red.

I've been trying especially hard for the past several months to do everything right.  I make a point to spend extra quality time alone with my son.  We take walks in the woods, we sit and talk, we read, we play.  My wife is very involved with my son.  He genuinely cares about her, and her about him.  I thought things were going better.  

Friday I went to pick up my son and my ex handed me paperwork from his counselor.  She had written suggestions for dealing with my son's fears about coming to my house.  I have to say it was like a slap in the face!  We couldn't believe what we were reading.

We tried to talk to my son.  He clammed up and looked like he was going to cry.  We tried gentle, open-ended questions that did not seem threatening.  We asked him if he was sad about anything, he said "no, ******, I'm not sad, look I'm happy".  When we turned to look he was smiling a fake smile and trying so hard to be strong, while there were tears in his eyes.

We have observed so many changes in him in the past 6 months.  He seems nervous or apprehensive when we pick him up, like he's not sure about going.  Once he is with us and settled he seems fine, it's just getting over the Friday hump that is so difficult.  (By saturday he will say things like 'How about I stay for 3 days' or when we are talking about summer he has said 'I want to stay for 7 weeks'.)  He's been more rude and sassy.  We've been having trouble with him following rules.  He has started calling my wife by her 'real' name rather than the nickname everybody calls her, and that he called her up to this point.  (no, it's not mom or anything like that, it is a shortened version of her name).  My ex and my dad are the only 2 people who call my wife by her real name.

I can't explain his fear and nervousness and anxiety about being with me.  We try so hard not to pry, but to try to figure out what is going on in a non-threatening way.  We make a very conscious effort not to talk about his mom or any adult issues concerning visitation, etc. when he is present.

Should I put him in my own counseling?  Or will the summer visitation by itself help with his security and fears?

Is this just something that is normal for his age?  Am I too concerned?  Am I focused on the wrong things here?  Am I trying too hard to find something wrong?  
#14
Dear Socrateaser / Property question
Dec 03, 2007, 06:09:17 PM
Let's say a married couple store their belongings in a storage unit that is only in the wife's name. The couple split up (not legally separated). The wife has the locks on the unit changed to prevent the husband from entering the unit and removing or destroying any items.

The storage owner has been compliant with wife's requests for lock changes and has agreed to stand-by while husband removes specific items only from the unit when wife is not present.

Now husband wants more than what was agreed he could remove. Husband states he is going to get an injunction so that he can enter the unit and remove his property.

The property is stored in a unit in Iowa. Husband's legal residence is Iowa and wife's legal residence is Wisconsin.   (Couple moved to Iowa to be closer to husband's son.  He obtained Iowa license right away because of new job.  Wife did not establish residency.  Wife moved back to Wisconsin 3 weeks after move.)

Is the property community property? Do both spouses have the legal right to enter the unit even though only one spouse is on the lease? Is the storage owner violating any laws by changing the locks and limiting access?

And advice?
#15
Dear Socrateaser / Tax refund interception
Mar 03, 2007, 08:51:07 PM
Soc,
My child support order is in the state of Iowa and I live in Wisconsin.  I found out on Friday from the Iowa Department of Revenue that CSRU intercepted my tax return so I called them to question what happened.  I was told that they had indeed intercepted it, but the phone rep could not find in the case notes where a notice was sent to me or even why the return was intercepted.  I did not receive notice they were intercepting.  

I am not delinquent in my child support now and I was not delinquent at the end of tax year 2006.  The rep said she would send the info to my worker to see if they could get the hold released, or at least release my wife's share of the return.

The CSRU website states that they must give notice when they inercept a return and that an appeal must be filed within 15 days if I disagree with the interception.

1.  Do I have any legal ramifications against CSRU for not following procedure in notifying me that the return was being held?

2.  Any other advice?
#16
Dear Socrateaser / A quick off-topic question
Nov 15, 2006, 07:26:49 PM
Soc,
I 'own' and operate a community message board in Wisconsin.  If I allow the sale of guns on the message board do I have any liability in doing so in the event someone is injured, killed, or the gun is used in criminal activity?

Thanks!
#17
State:  Iowa

My ex and I split up last month.  We have a daughter that is 2 1/2.  We initially agreed to 50/50 with a week on week off rotation.  Since the seperation my daughter has been with me 72% of the time without any formal orders in place.  My ex has never taken her on a weekend.  She does not call to check on her or talk to her when she is with me.  

A couple weeks ago my ex decided that she was afraid I would not return my daugter after my 'week' with her and said she would grant me only Thursday to Sunday every other week starting that week.  I picked up my daugter that Thursday and I had her until the following Wednesday.  Three days later I had her back again.  She is still with me and is scheduled to go back to her mom's house on Sunday.

My ex met with a lawyer last week and called to tell me that she was having divorce papers drawn up and that I should expect to be served.   I called her lawyer today and offered to stop at his office and sign the papers.  The receptionist informed me that the papers would be filed with the court today and I could stop in the afternoon to sign.

The papers included the divorce petition, a motion for temp custody and an order signed by the judge granting my ex temp custody.  Her basis for asking for temp custody was that she claimed I did not have a permanent home and that I apparently threatened to take my daughter out of state.  (I am staying with my mom until I can get a place of my own)

The motion was dated 8/22 and the order was signed 8/24 by the judge.  There is a hearing scheduled for 9/14 for temp visitation and child support.

1.  Is it 'normal' practice for these types of orders to be signed and granted without a hearing?

2.  How would you suggest I proceed?

3.  What type of evidence do I need to prove my daughter has been with me?

 
#18
Dear Socrateaser / filing bankruptcy
Jul 30, 2006, 02:49:24 PM
State:  Iowa

My wife and I split up about 6 weeks ago.  We want to file divorce, but also file bankruptcy on the marital debt.  Nothing has been filed yet.  

1.  Does it matter which one I do first?

2.  Can bankruptcy on the marital debt be filed jointly after we divorce?
#19
Dear Socrateaser / Counselor's records
Jan 28, 2006, 10:53:57 AM
In December a request for my son's records was sent to his therapist's office.  He has seen therapists in the same office over the past few years.  

My lawyer contacted the therapist's office because we did not receive a reply.  (the request was sent through my lawyer and the copies were to be sent to her office)  They replied that they are not willing to disclose what they refer to as 'session notes'.  They will only disclose a summary of their work, which they say has not involved custody/visitation issues lately.  I met with his current therapist in October, 2005 to try to get a better understanding of my son's mental health.  At that time we discussed custody/visitation issues, along with school issues and some of his fears.

Background Info:
My son lives in Iowa.  My ex-wife and I have joint legal custody.
Our original decree was entered in Iowa in 2001. We go to court in March for a modification of the original decree where I am requesting more time with my son.  I currently have EOW and 6 weeks in the summer.  I am asking for shared school breaks, longer holiday breaks (they are currently 9 hour visits are we live 4 hours apart) and more time in the summer.  

My lawyer wants to know what type of records I want.  I want the session notes.

1.  What are my rights to the session notes?  

2.  If I can't obtain them through a medical records request, can they be subpoenaed?

3.  Is it 'normal' for a therapist to refuse to disclose the session notes?

Thanks Soc!



#20
Dear Socrateaser / Ex threatening Amber Alert
May 21, 2005, 10:31:17 AM
My ex and I divorced in 2001.  At the time of the decree we both lived in the same city.  We have both since moved and live 210 miles apart.  She moved a month after the decree was finalized and I moved almost 2 years later.  Our decree does not address transportation at all.  My ex has now decided that she will no longer meet at the 1/2 way meeting point we have used for almost a year.  We had the same problem a year ago when she claimed I needed to do all of the driving, but then she did compromise and we began meeting again at the 1/2 way point in August of last year.

We are in the process of having our current orders modified.  The original decree is in Iowa, which requires mediation before any case goes to court.  I have filed a motion to have mediation ordered.  It has not been signed by a judge yet.  She still lives in Iowa, I am in Wisconsin.

When I had my son two weeks ago my ex informed me that she would not meet 1/2 way and that if I wanted my son I would have to drive round trip on both Friday and Sunday.  I tried to reason with her, but she flat out refused.  When I realized it was mother's day, I called her to let her know that it was a holiday and that she had visitation starting at 9:00 a.m.  She then agreed to pick up our son at my house only because it would be 'starting her visitation'.

It is again my weekend with my son.  We have continued to argue/talk about the transportation issue for the past two weeks.  She again has informed me that she will not be meeting 1/2 way and refuses to pick up our son at my home on Sunday.  

When I arrived at her house on Friday at 5:00 a sheriff was waiting for me to serve me papers for 'modification of dissolution of marriage'.  When I left I asked her if she would be picking up our son at my house on Sunday at 5:00.  She replied that she would not be and that if I did not return my son on time that she would have an Amber Alert issued.  The sheriff was no longer present during this conversation, but I do have it recorded.


1.  I have researched Amber Alerts and found that they are not to be used in 'child abduction' cases unless the child is believed to be in grave danger.  This is not child abduction.  She is refusing to pick up our son.  Our son is not in any danger.  What ramifications will she face if she lies about this and has a false report filed?

2.  What are my rights as far as transportation is concerned?

3.  I have contacted my local police department concerning the issue and they have filed a report.  Is there anything else I should be doing?

4.  I also contacted the police department in her city and they informed me that if the Amber Alert is indeed issued that I could be arrested.  How likely is this to happen?  He stated that she has to prove beyond a reasonable doubt that our son has been kidnapped before any action can be taken.

5.  Is this considered kidnapping or child abduction?  I gave her the option of meeting 1/2 way and to pick him up herself, she is refusing to pick up our son.

6.  Now, about the modification papers I was served.  These papers have already been filed in the court of the original decree.  They were filed in May of last year.  We had a pre-trial conf. in October and mediation motions were filed in December.  I fired my lawyer in January.  I refiled the mediation motion and it is file stamped before the papers she just filed in her district.  Who has jurisdiction or venue over this case?





#21
Dear Socrateaser / Changing schools again
Apr 17, 2005, 11:33:17 AM
My ex informed me last week that she will be moving again and my son will again be changing schools.  My son is 7 and this will be his 4th school change.

1.  He started Head Start at school A
2.  Continued at school A until October of Kindergarten
She was then found to have lied on enrollment papers about her address and was told to either move in the district or my son would have to leave the school.
3.  My son started attending Kindergarten in the school district he lived in, school B
4.  In August of last year, my ex moved to school A's district and my son attended 1st grade in school A.
5.  When my ex moves she will again be living in the district of school B.

Is there anything I can do to prevent all of these school changes?  I spoke to my lawyer last year because I felt she was only changing schools to try to prevent my summer visitation (school A is a year-round school).  My lawyer told me that since she was the custodial parent I couldn't do anything about the school switching.  Is that correct?

My son lives in Iowa, I'm in Wisconsin.
#22
Hi Soc,

I submitted a request for modifying my child support in February in the state of Iowa.

I received the paperwork back, which was dated 4-6-04.  The support was modified in my favor, however I appealed the decision because they used my overtime pay and did not use my ex's earning capacity or the Federal Median Income.

My ex does not work, but I do not believe she is receiving state assistance.

I received the appeal paperwork back today and they have denied my appeal because of the following:

*** Income used was year to date as overtime was included in 4 out of 5 pay periods.

(according to Iowa Code overtime cannot be used if it is speculative and uncertain and cannot be used unless it is mandatory.  I submitted a letter from my employer stating I was currently working overtime, but that it was uncertain how long it would last.)

*** Income information supplied by the custodial parent and verified through other sources.  Median income cannot be used.

I contacted CSRU of Iowa for an explanation and was told using median income 'is not necessary' and that my worker would review the information and call me back.

The paperwork states the following:
If we decided not to conduct a second review and you do not agree with our decision, you have the right to request a court hearing through the Unit or you may petition the court yourself.  To request a court hearing through the Unit, send your request in writing to this office within 30 days of te first Notice of Decision which explained our original decision.  (this was dated 4-6-04).  The Unit will then supply necessary materials to the court for judicial review.  The court will notify persons subject to the order of the time and date of the hearing.

Here are my questions:

1.  Why wouldn't they have to use my ex's earning capacity or median income?  Could there be special rules that apply since she has been on state assistance in the past?

2.  Can they legally use my overtime pay?

3.  If I request a court hearing through the CSRU, it is my understanding that I do not need to file any paperwork, is this correct?

4.  If there is a court hearing, do I need a lawyer to represent me?
#23
Hi Soc,

I got my new child support order mod papers today.  They are modifying but I don't think it is as low as it should be.  

1 they inputed my ex's income as zero which makes me responsible for 100% of uncovered medical expenses.  She is no longer on state assistance, don't they have to use her 'earning capacity' for her income.  She has another kid and her income is actually a negative.  She is a CNA but chooses not to work.

2 they used my overtime pay to determine my child support.  I haven't worked overtime since the pay stub I submitted with the mod papers.  I thought they couldn't use overtime to determine child support because something to do with 'slavery' to working overtime.  All they did was take my YTD income and use it to compute the child support.

I can't find the Iowa statute that would cover me for the overtime issue.  Can you help me with this?  I found a couple Iowa Code sections that deal with the 'earning capacity'.

Thanks, Soc

#24
Dear Socrateaser / I need help fast!!!! Please!
Apr 01, 2004, 12:38:11 PM
First, I'm in Illinois, she is in Iowa.

My ex and I came to a verbal agreement concerning transportation.  Since we live 200 miles apart and our decree does not address transportation, we agreed on meeting points, etc.  I put the agreement in writing for which she refused to sign.  I then sent the letter to her certified mail with return receipt.

Our decree states have my son EOW from 5 to 5.

Today, I get a letter from her that was sent overnight delivery.  She states that the agreement was just a 'temporary compromise' and not permanent.  

She stated in her letter that I can now pick up my son at 5:00 on Friday and return him on 5:00 on Sunday.  She will do no driving.  In return she will do all the driving during my 6 weeks visitation.  

She also refuses to do any driving for holiday visitation, which is usually 9-6 on the day of the holiday.

If I drive to pick him up what happens if I don't return him?  I'm crossing the state line.  The courts and CSRU both know my address and have been informed of such.  Since transportation is not addressed, does she have anything to hold me in contempt for?

I have my son this weekend.  I cannot be at her house at 5:00 because I don't get off work until 2:30 and it's a 3 1/2 hour drive.  Can she deny my visitation if I am late?

I already plan to take a witness with me.  What else can I do???  I need help and I need it fast!!!!
#25
Parenting Issues / Normal Anxiety?
Jul 31, 2005, 11:21:52 PM
My son is 7 years old and going into the 2nd grade.  He has what I always believed to be 'normal childhood fears'.  I picked him up today after he spent a week with his mom.  She is the CP.  I am exercising my summer parenting time with him.  He has spent 4 weeks with me and we are starting his fifth and final week.  I'm concerned that maybe what I thought was normal may not actually be normal.

My son is completely afraid of the dark.  For example:  Tonight we were at my parent's house.  I was sitting in the living room with my mom.  My niece walked down the hallway towards the front door so my mom asked my son to go check on her.  He got to the edge of the kitchen and just froze.  We were about 10 to 15 feet from him in a well lit living room and he walked to the edge of the kitchen, which also had lights on, and just stopped.  He would not go any further to retrieve my niece because the hallway was not lit up.

I asked my son to take a shower while we waited for pizza delivery.  He has troubles turning the handle on the bathroom door and usually asks for help.  (When my 17 month old niece is here, we keep the bathroom door closed.)  I started the water for him, gave him towels and shampoo and walked out closing the door behind me.  He opened the door back up 'just a crack' and wanted to shower with it open.  He said he was afraid he would not be able to open the door again.  Sometimes when he is in the bathroom and can't get the door handle to turn he starts to have what some might call a panic attack.  He gets all nervous and just starts yelling.  When we open the door for him he will just have a look of panic and relief on his face.  

Earlier in the night, my son was having some problems with gas.  I asked him if he needed to try to go to the bathroom.  He said 'no' but I asked him to please try.  He went in but came running out of the bathroom in less than a minute.  I asked if he had taken care of business and he said he didn't try, but went pee then gave me that 'please don't make me stay in here' look.  I asked him again to please try and promised I would wait right outside the door.  He did go back in and took care of business, but was not comfortable until he knew I was right there.

This afternoon we were at the in-laws house.  My son and I went to the basement (finished) to look at some stuff of my father-in-laws.  My son was standing 2 feet from me when he heard a thump from upstairs.  He jumped and literally ran to my side.

This is just one day's worth of him freaking out.  The homes we were visiting we visit often so it's not that he's not familiar with them.  In fact, we lived with my parents for almost a year so he is very familiar and should be very comfortable in that home.  

Another thing I've noticed... the last two weeks that he was with me, as soon as it would get dark he would want to 'go for a walk or a bikeride or something', anything to get out of the house.  He would claim he wanted to go exercise because 'I need to lose some weight' (which is another totally different issue... his mom is on weight watchers) but would not want to do these things until dark.  I have no problem exercising with my son and we did go for several walks at this time, but when we get back it's let's play this game, let's watch a movie, etc. etc.  Again, I think it goes back to being afraid of the dark and going to bed even though he has a small lamp we keep on for him in his bedroom.  I remember when I was about 12 I would hate being home alone at night.  When my parents were gone, I would sit outside in the yard or on the porch.  For some reason I felt safer there than in the house.

It is seriously causing me to be concerned but I don't know if I am over-reacting or if this is normal for a 7 year old.  I am the NCP.  He reacts the same way in my home as he has today at his grandparents homes.  I'm considering putting him in counseling, but am afraid I am over-reacting.

I do not intentionally make my son go to areas that will make him uncomfortable.  The hallway and bathroom should not be scary places, especially when there are adults within 15 feet of where you are.

At first I would tease him that if he would stop watching Buffy and Angel and scary/freaky movies with his mom he wouldn't get so freaked out at little stuff.  I really thought that was all it was.  Now I'm not so sure.

Can anyone shed some light?  
#26
General Issues / Texas Court Records
Mar 16, 2006, 06:15:48 PM
Can anyone tell me if you can access Texas court records online??  If so, can you direct me to the website?
#27
General Issues / Attorney not responding??
Feb 04, 2006, 11:52:22 AM
Normally my attorney is very good at getting back to me.  We communicate mainly through e-mail because of my work hours.  

We had negotiations a couple of weeks ago.  My attorney sent a pre-trial statement to me that I did not think reflected the negotiations, or 90% of my proposal.  It also only addressed visitation issues.  

I sent her an e-mail last Tuesday about the pre-trial statement and trying to clarify what was going on, etc.  

Two days later I received a letter in the mail that was dated Tuesday.  It requested financials, asked questions, etc. and was signed by her assistant.  I replied by e-mail, and asked if my attorney was out of the office, etc.  The assistant said she would follow up on the new info with my attorney and inquire about the other e-mail I sent.  She also said my attorney has been 'tied up' with court appearances.

It's been almost 2 weeks since the first e-mail.  No reply from anybody.   I left a message a couple days ago.  Still no reply.  The only thing I've received is a billing statement dated the same day as my 2nd e-mail.

I've already spent $2500 on this attorney.  Court is 5 weeks away.  I can't complete my financial affidavit until she answers my questions about the forms.  I'm going out of town in 2 days and I'm pretty irritated that I haven't heard back from her.

Sorry for the rant, but am I panicking over nothing???
#28
General Issues / Tax Form 8332
Jan 29, 2006, 06:15:28 PM
My ex is dragging her feet on completing this form for me.  We had negotiations 1 1/2 weeks ago and I gave her the form in front of both of our lawyers, along with a child support printout.  (the printout doesn't show the total amount for the year, but showed consistent payments) Her lawyer advised her to contact CSRU asap to confirm I was current, and get the form back to me, which she is stalling on.

Does this form have the same rule as w-2's, where they have to be mailed by the 31st of this month?
#29
General Issues / Interrogatories
Jan 15, 2006, 11:03:12 PM
My lawyer submitted a set of interrogatories to my ex.  They were due in December.  My lawyer received them about 2 weeks after the due date.  I received the copies last week.

The interrogatories are not signed.  Her lawyer attached a letter stating he would try to obtain my ex's signature and submit it when he has it.  She also did not sign the financial affidavit.

While reading the interrogatories, I found many 'misrepresentations' or outright lies.  She also did not attach any of the documentation that was requested.

We have negotiations in a few weeks.  Some of the lies I can prove, some of them I cannot.  

Now what do I do?  What is the next step?
#30
General Issues / Interrogatories? Please help!
Nov 02, 2005, 03:35:32 PM
I am in the process of modifying my current decree so I can get more time with my son.  We go to court in January.  The biggest issues are that I want the whole summer minus 2 weeks, shared school breaks, shared transportation, holiday weekends rather than days and basic accountability and fairness to both parties.

What type of interrogatories and information or documentation should I be requesting?  They need to be mailed in the next week or so to be able to make deadlines.  What would be the 'norm' for this type of case?

Also, I want my lawyer to have my ex prove child support accountability. (I know, big dreams!)  Anyway, she is not too keen on the idea because she thinks my $$ can be better spent on other things.  She also thinks a child support abatement in the summer is a bad idea because the CS office WILL screw it up, according to her.

Any ideas or advice would be greatly appreciated!  I've ordered a couple books, but am awaiting arrival!

IM