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Topics - nosonew

Pages: 12 3 ... 5
1
After many years of false allegations and contempts... DH is CP FINALLY... we are about to start our 3rd year! YIPPEE...

Problem: BB quit or was fired from her 45,000/yr job and now works at a convenience store.

Her CS obligation was cut in half.

She now wants it lowered more due to "expenses due to rental properties" stating she has a "loss of income" because of this side business.

Doesn't she have to show mortgage, tax, insurance costs? Copies of rental contracts and cancelled checks? How to prove these "expenses/losses" were actually used for those rental properties?

What can we do to get this info?

BB buys a home, lives in it, fixes it up (takes 12-24 months) then buys another fixer-upper and moves, renting out the home she lived in.

HELP!!!!

2
Child Support Issues / How to prove underemplyed????
« on: Sep 20, 2005, 07:02:08 PM »
BB is now NCP... FINALLY! (almost 2 years now!)

She has worked for 20 years in same field..makes good $$

We were just notified she is now working at a Kwik Shop. We think she will blame it on  "medical reasons"... WHICH SHE REFUSES TO TELL US ABOUT EXCEPT TO SAY A NEW MED MADE HER SLEEPY!!!!

THoughts? Suggestions?

HELP!!!!!!!!

(Yes, have posted to Soc.)

3
Child Support Issues / Just to make your hearts feel good...
« on: Jul 09, 2004, 05:15:01 PM »
Since getting custody last year, we have had to rely on bm sending cs "on her own" until she supplied her financial info.  It was due in Feb.  She didn't supply it until threatened with loss of visitation. Then, it miraculously appeared.  Since she waited soooo long, they also took into account her income this year...which means she will pay 200.00 MORE per month than was previously ordered, and they made it retroactive due to her deceit about what her actual income was at the time of the initial temp order.  I don't know if they can even do this legally...but they are.  So, rather than 250/mo, she will be paying 450/mo...and on top of that 200/month for 10 months for arrears!  

Considering my dh paid an ungodly amt for 13 years, which allowed her to spend the money on rental properties rather than the child....I am loving this!
She had the nerve to ask dh if he would "for-go" child support as she couldn't "afford it".  His response: "Sell your other houses, all 5 of them, and then you can afford it!"  LOL!  

It is SOOOO nice to see her on "the other side" for once! Is it really mean of me to be enjoying it this much>?????

4
Dear Socrateaser / Hi Soc... quick question!
« on: May 05, 2006, 05:40:36 PM »
Is it legal for anyone to call an employer and ask questions about a previous employee? (Pretending to call for a verification of employment?)

I know, odd question however, there is a reason behind my question.

5
Dear Socrateaser / Merry Christmas Soc and a quick question!
« on: Dec 23, 2005, 11:53:38 PM »
First... wishing you a very Merry Christmas!

Secondly, one quick question.

I read on another post where you suggested the person send a reg. return receipt letter to the BM to solve an issue. To avoid court costs, time, etc. My BM is currently underemployed after 15 years of a high paying job. (Yes, the one who went to Kwik Shop).

1. Do you think something like that would be relevant in a situation where I have just hired a new child support atty to go after BM regarding underemployment?

2. If she/her atty argues the new garnishment order sent to her new employer, would it even be worth asking before having to subpoena employee and medical info?

3. If so, how would I word it? Any suggestions very welcome.

And if I had an addy for you... you would receive some wonderful homemade Christmas candy (LOTS!)! My email addy is in my profile if you would like to receive some! (peanut brittle, fudge with and without walnuts, choc. covered cherries, almond joy lumps, choc covered pretzels, white choc pretzels, haystacks... etc.) Just an FYI... And yes, this is the wife talking about the goodies! Merry Christmas!


6
Dear Socrateaser / Underemployment Question
« on: Dec 10, 2005, 07:16:53 PM »
I feel NCP is underemployed. Until this summer, she has had employment that paid up to 21.25/hr (her last job) and has had 2 employers in 15 years. Until this summer. Currently she is making 6.60 hour per last pay stub. (Went from Medical field to Convenience Store).

I spoke with an attorney regarding this issue (free phone consult) and he stated per Kansas Guidelines if a person QUITS their job, their CS obligation will be imputed at their ability to earn.

She refused to tell me if she quit or was fired, so I had a friend call her employer for a verification of employment in which I found out her salary, job title, dates of employment and they stated "she is no longer there due to a mutual agreement to end employment" AND is not eligible for rehire.

So..

1) Does "mutual agreement" mean she QUIT or was FIRED?

Thanks.

7
Dear Socrateaser / Neverending Child Support Calculation Dilemma
« on: Nov 27, 2005, 07:01:17 PM »
Soc, first, I must thank you for all of the great advice given to me and others in the past.

I am CP. Child just turned 16. Have been custodial for 2 years.

His mother has 4 rental properties I am aware of. She recently quit or was fired from her job and has taken a lower paying job resulting in her child support obligation to be cut in half.

Until now, her rental properties have never been added into child support calculations. However, after having cs decreased by half, she is insistent that it be decreased further due to her "losses on her rentals".

She normally buys a home, lives in it for 6-24 months while fixing it up, then turns it into a rental upon moving to the next fixer-upper.

According to Kansas Child Support Guidelines (site is here):

http://www.kscourts.org/ctruls/csintro.htm

From what I read, her regular job at Kwik Shop would be domestic gross income, and her rental income in self employment gross income.

My questions are:

1. What would reasonable business expenses be for rentals in this situation?

2. To prove rental income, I need to request from her? 1) bank statements showing checks from renters (with copies of checks) going back 12 months? 2) rental contracts in their entirety for all rentals? 3) listing of all rental properties? 4) Tax returns? 5) mortgage interest statements? 6) Cost of insurance? (tax returns questionalbe as they are not always on the up and up and she does her own so I don't know how truthful they are). And what else?

3. How would I word my request to a case manager court ordered by a magistrate judge regarding ALL issues pertaining to our case? (She is the one figuring up the reduction in child support)

4) Any other recommendations?

Thanks in advance...

Nosonew




8
Soc.. my DS's dad and I divorced when he was 2. He is now 17. He has lived with me since the divorce. In January of this year when he was 16, he requested that he live with his dad. I said fine as his dad and I have always gotten along for our son's best interest.

In the last 3 months, things have been rocky there. DS and his dad are not getting along.

DS chose to move back to my home last night. His father is against it.

(We had previously verbally agreed to NOT change any court order, there would be no child support exchanged and if DS went and things didn't work out, he could move back). I am still via courts residential parent, his child support due is still in effect, although I would never ask for it during the time my DS was with him. I have been paying (in lieu of c.s.) DS's insurance, personal property tax/tags, all medical not covered by ins., buying clothing, etc.) In essence, spending more than I would if I had paid him CS.

DS moved home today, requested my DH come to his dad's and help him pack up his stuff to move. (I am a nurse and could NOT leave work without risking my license for patient abandonment).. His dad refused to help yet had earlier told Son that he could take whatever he wanted.

DH was informed by EX when he arrived that DS could leave, but with the clothes on his back and nothing else.

These are the possessions we would like to get:

1. All clothing, sports equipment, shoes, etc.
2. Computer, monitor, wireless mouse and keyboard + all programs and games bought for the computer. (DS works 40+ hours per week plus HS, is an A student).
3. Cell phone. 180.00 phone DS paid 90.00, his Stepmom paid the other half as a gift for his birthday earlier this month.
4. Cash. He has over 800.00 cash in his room, along with his wallet, etc.
5. 2nd set of keys to his vehicle he pays for.
6. 200+ DVD's DS bought, were gifts or I bought
7. 200+ Playstation games & Playstation I paid for or DS paid for. If EX bought any, could have, I don't know about this.
8. Music CD's (very numerous)


DS would LIKE to get his 32" TV and surround sound system he has in his room, but these were not "real gifts" and I personally feel were purchased by EX to equip his room with items he felt he needed.

DS is now at my home with one extra change of clothing, the clothes on his back and his vehicle.

Questions:

1. Are there any laws pertaining to the issue of personal and items such as these?

2. It has been suggested by someone I know that I have a police officer go with me to the home for a civil standby and retrieve the items.

3. Any suggestions???


9
We are now CP after not being for many years. (I had a CS question last week about this issue)

State is Kansas.

SS turns 16 tomorrow.

Last court order for c.s. changes was adding arrears to her monthly payment 1 year ago via our attorney.

NCP has worked as a lab tech for approx 20 years. Her last years salary was 45,000+/-.

We have a case manager court ordered until SS is 18 due to numerous contempts by NCP. (Was ordered in 98?)

In June of 2005, met with case mgr and NCP regarding NCP not working. Reason stated was: "A new medication makes me sleepy and I can't work".  Refused to give CP more info even though we asked.

She was apparently off work from May 1-July 5, returned to work July 5 part time. Was notified 1.5 weeks ago she has a new job at a Kwik Shop.

*She also stated in the case mgr meeting she is unable to drive without someone with her. However I have 5 documented drop offs or pick ups when she was by herself PRIOR to this meeting, yet after the May 1 date it was initiated. (She lives 1.8 hours away).

Now case mgr (not skilled in child support law or worksheet) wants to re-calculate child support based on her current job AND MAKE IT RETROACTIVE to when NCP "got ill".

NCP has numerous rentals as other income we have never used for calculations. However, this is going to change this time.

We have no doubt she changed jobs just to decrease her child support obligation...however, I am sure it is up to us to prove it.

My questions:

1. Do we have the right to find out if she was fired or quit?

2. Do we have the right to find out for the reason of firing or quitting?

3. If "medical reasons" are given as cause, can we get more info than that? Specific information? How would HIPPA law relate here? Can we subpoena her medical info?

4. If a court order is in effect, the case mgr can't go retro regarding child support issues can she? (NCP is in arrears almost 2000.00 currently).

5. If someone works at the same job/type of job for 20+ years (she has had at least 4 positions in this capacity during this time) isn't there a law regarding child support that is something about ability or capacity based on past wages?

I sooo appreciate your time and help!!!!

Thank you.... Noso

10
Dear Socrateaser / Child Support Question.
« on: Sep 13, 2005, 05:33:31 PM »
DH has been CP for 2+ years. SS is 16 this month.

State is Kansas.

BM moved after DH was given residential custody. She did get a job with comparable pay (19-20/hr).

CS was garnished from her paycheck every 2 weeks. All went smooth until this Spring.  CS stopped coming and BM stated she was off work due to medical issues beginning May 1 of this year. DH received 2 full CS checks and 1 partial since then. (She denied having short or long term disability).

With nothing in July, Aug, or so far in Sept., he emailed her and asked for an update. She stated "Will be starting a new job, will give more details when they are known".

After waiting several weeks, DH emailed her asking for info on the job. She is now working at a convenience store. She did not give any more info, and her salary is unknown. (However, if convenience stores paid 20/hr, they wouldn't have job openings all the time!) *And her DOH was 8/23/05... before her initial email stating she changed jobs.

She also owns 5 homes she rents out. She has bought a home every 2 years for the last 10 years. Buys cheap, remodels cheap, rents.

Questions:

Given the situation, will child support likely remain based on her "ability to earn" vs. what she is earning?

Is it possible to subpoena rental agreements and bank records relating to those rentals as they are very likely assisting with her income? (Have not used rental income to impute CS in the past).

If feasible...we have an attorney. Working on getting his 2nd child through college!

Thoughts? (Thanks in advance!)


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