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Topics - InTheMiddle

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Child Support Issues / Handbook for Child Support Enforcement
« on: Jun 29, 2005, 09:14:18 PM »
I picked up a Consumer Information pamphlet at the library today. Their web site was in the pamphlet and I found this very interesting.

Just thought I would share.


Dear Socrateaser / Child Support - Emancipation - Biological Parent
« on: Aug 01, 2006, 11:55:38 PM »
Jurisdiction in AZ.

Father is court ordered custodial parent. (AZ)

Mother is influencing 15, will be 16 end of Oct., to become emancipated.  (TX)

I know that if your name is on the birth certificate as the Father, the courts don't care if it's biological or not--you pay child support.

What if the child becomes emancipated?

1)  If a child becomes emancipated against the Father's wishes--and the Father's name is on the birth certificate--but the child is proven NOT to be genetically related to the Father---is the Father still responsible for paying emancipated child CS until he is 18?

2)  Any website for further information you could recommend?

As always, thank you for your wisdom.

Dear Socrateaser / Who's responsible????
« on: Mar 10, 2006, 10:36:06 AM »

This is an inter-state issue.

Birth Father has physical custody of kids in Arizona.

Birth Mother lives in Texas.

Case is in the Superior Court of Maricopa County, state of Arizona.

Birth Mother was very behind in child support payments.

In January 2005, I sent a copy of the back child support payment due to the Arizona Clearing house AND the Attorney General of Texas.

Birth Mom owed 3281.54 in back child support by August 25,2005; or be put in jail.

Birth Mom's boyfriend sent a check on August 9, 2005.

Arizona court ruled that back child support was paid up until July 2005.  The Clearinghouse does not recognize this.

Here come the questions:
1) Who is responsible for registering the check with the Arizona clearinghouse, Birth Father or Birth Mother's Attorneys?

2) Attorney General of Texas is going to start garnishing her wages this month.  
-----Birth Mother still owes $415.38 in back child support from 2004.
-----Birth Mother owes $243.28 for child support October 2005.
-----Birth Mother still owes $1,500.00 in attorney fees per ruling dated September 2004.
Should we stop the Attorney General from garnishing her wages?

NEW ISSUE--Tax Exemption
Parenting Agreement states that:

“The Petitioner’s  entitlement to the tax exemptions shall be conditioned upon payment by December 31 of the total court-ordered child support obligation for the current calendar year and any court-ordered arrearage payments due during that calendar year for which the exemption is to be claimed.”

Birth Mother claimed one of the children on her 2005 taxes.  

1)  Should I send the IRS a copy of the ruling and her payment history, then claim the child as well?

2)  Is it better to just let this all go?

Thank you very much for your time and cooperation.


Dear Socrateaser / Getting $$ from non-custodial employer?
« on: Aug 18, 2005, 02:35:41 PM »

AZ divorce.  BF has custody of kids, BM lives in Texas.

We have received one CS check from the clearinghouse on 7/28.  Since then, nothing.  Kids have said that mom has a new job at a bank.  Mom will not pick up phone calls and her lawyer refuses to reply for requests for current employers.

1)  What's this about getting $$ from employer and how does one do that?

2)  What suggestions can you give us to get the name and address of her current employer?

PS:  I think she is changing jobs every 60 days so we cannot count on the National Directory of New Hires (NDNH).

Thanks for your help!!!!!

Dear Socrateaser / Partial Power of Attorney
« on: Jul 17, 2005, 08:53:55 PM »
AZ court.  Dad in AZ, Mom in TX.  Dad has physical custody.

The attorney agrees that we never would have gotten custody of the children if it weren't for all the research I did.  He also agrees that he really can't do any more for the case than I can, except charge us fees.

Right now the battle is Mom not paying child support.  The court seems to be very lenient towards the Mom (according to our attorney, if a Dad was over $5,000.00 in back child support, he would have been arrested by now).  Mom's attorney keeps delaying child support hearings due to vacations and it has cost us over $250 in attorney fees for her attorney's vacations.

I'm the one who shared the web site on child support http://www.pueblo.gsa.gov/cic_text/family/childenf/index.htm

Since it has cost us more in attorney's fees then we will ever get back from child support by the time the youngest turns 18, we would like to self represent.

My significant other is comfortable talking in court, but he would like me to do all the research, file all the forms and sit beside him during the hearings so I can pass him evidence when her attorney is lying (unfortunately, it happens a lot).

1)  Is there anything like a Partial Power of Attorney?

2)  If so, how can we obtain one and file it in AZ court?

On a side note, I have noticed in divorces if the non-custodial parent refuses to pay child support; they are still entitled to all scheduled visitations.  If it's an interstate divorce, it's near impossible to enforce an arrest warrant, so there is incentative to never pay child support because they can still see their kids.

3)  Has a judge ever restricted visitation due to never paying child support?

Thanks in advance for your useful advice!

Dear Socrateaser / Handbook for Child Support Enforcement
« on: Jun 29, 2005, 09:11:27 PM »
I picked up a Consumer Information pamphlet at the library today.  Their web site was in the pamphlet and I found this very interesting.

Just though I would share.


Dear Socrateaser / The "which court" run around
« on: Dec 01, 2004, 03:12:16 PM »
Dear Soc--

Superior Court of Arizona orders BM to pay DH $1500 towards his attorneys fees.  AZ Divorce, Child Custody, & Child Support.

BM lives in TX.

BM owns a house in TX.

BM is selling her house.  

We want to put a lien on the house for the $1500 order.

AZ Superior court says go to the AZ Justice Court.

AZ Justice Court says go to the AZ Superior Court.

TX Court asks for an AZ abstract, but no one in either AZ Courts knows what an abstract is.

1)  I sent a certified copy of the court order with appropriate filing fees to TX  Deed of Records.  Is that as good as an abstract?

2)  Which court in which state should we pursue to get the court ordered attorney's fees?

3)  BM will owe DH about $1000 in overpaid child support fees.  (She lost custody of kids 11/1/04, but it takes CS 2 months to change the order and go thru the clearing house.)  Any advice on which court we should pursue this with?

Thank you very much for all your help.

Dear Socrateaser / Child Custody Trial----Not Like on TV
« on: Sep 24, 2004, 04:27:08 PM »

Thank you very much for your valuable advice during this time.  I have two more questions.

We went to court for Child Custody on Wednesday.  Mom in TX, Dad in AZ, court in AZ.  Mom appeared telephonically.

Judge called both lawyers into chambers.  We had exactly 45 minutes to present situation to the judge.  20 minutes later, the lawyers come out and say they will do all the testifying.  The one witness was dismissed from the court room so that other testimony cannot affect her testimony.

All the evidence was against BM.  Only had her word and the word of her witness, which was excused, to refute physical evidence (court ordered reports and police reports).  I think it came out in Dad's favor, but you never know.

After all was said and done, judge says he will take evidence under advisement and notify us by mail.  Lawyer says judge has 60 days to comply.

1)  How common is it for a judge to make people wait for a decision in the mail?  

2)  Is there anything else I should be worried about?

Dear Socrateaser / 30 Days to Appeal??????
« on: Sep 19, 2004, 09:37:03 PM »
In a previous post, you wrote: ">2. In the meantime once the orders are granted. How soon does
>the court usually take to enforce the actually exchange of the
>children since this is out of state it is more complicated?

If the court orders it, you must usually wait 30 days for the other parent to move for reconsideration or file an appeal. After that, the move would be immediate."

Court Psychologists recommends tht DH get custody of 2 youngest children due to abuse in BM's home.  Judge to rule this Wednesday.

(1) If BM moves for a reconsideration or appeals, who gets custody of the children until the appeal is heard?

(2)  If BM gets custody until all appeal avenues have been exhausted (which could take years), what is the point of going to court to protect your kids?

(3)  Have lawyers used this tatic in the past in order to protect the abusive parent and their abusive realtionship with the children?

Thank you for your quick response to these pressing questions.

Dear Socrateaser / Freezing Bank Accounts
« on: Aug 27, 2004, 06:50:17 PM »
Dear Soc--

In a previous post you advised: "I know this, for sure -- I would empty every bank and brokerage account into cash immediately, because opposing counsel will try to freeze your accounts, so as to deprive you of money, and force you to settle -- all in the child's best interests, of course"

1)  Under what conditions can the courts freeze your bank accounts?

2)  Can opposing counsel freeze them just to make your life miserable?

Pages: 12
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