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Topics - LeahToTheExtreme

#1
Child Support Issues / Wrongful Arrears
Nov 02, 2009, 01:06:00 PM
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My husband received a letter from DES Child SupportEnforcement stating that he was in excess of $42,000 in arrears. The firstletter stated that they would be putting a lien on any personal and realproperty, the second stated they would be putting a lien on any tax returns hewould be receiving. When he called the number on the letter they said that hiscase was under review and the next step would be a bench warrant. For the firstcouple of years after his divorce he paid his support directly to his ex-wifeby depositing his payment directly into her bank account and on some occasionspaying daycare directly and paying the balance of his payment to her. But inthe last 2 years he began paying through the "clearing house", where hissupport is automatically deducted from his paycheck and then dispersed to hisex-wife. In January he went to court and had his support re-evaluated and atthat time his support did go up a little but there was no mention of anyarrears owing by his ex-wife or the court. Then he received a frantic call from his ex saying that hersupport hadn't been deposited, even though it had been deducted from hispaycheck. She called DESCSE and they told her that the case was under reviewand her support was being held so she told them that was ridiculous that shehad always gotten her support and she was willing to sign an Affidavit ofDirect Payment, once she picked up the forms though she told my husband thatshe would only sign the form if he gave up some of his visitation time and whenhe refused she told him he was on his own and she didn't care if he went tojail. Then on Oct 15th my husband's work was served with anamendment to his support with an increase of $359 per month. What can we do tostop this and also to have the court require her to show her bank statements toshow proof that she received her support in addition to any proof that we have?Also, she is currently receiving food stamps/medical insurance through thestate even though she has 2 jobs. Does that have any relevance? And how is itthat the state is pursuing him even though his ex-wife has never made any kindof allegation of non-payment?

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#2
Child Support Issues / Medical Insurance
Mar 02, 2009, 09:19:14 AM
I live in Arizona and my husband recently went to court to have his supportorders updated because he got a new job so his income changed and hisex-wife also stopped working and went back to school. They went infront of the Judge and all numbers were hashed out and new orders havebeen filed. But during the hearing the Judge questioned why Mom waspreviously ordered to provide medical insurance. She used to have a jobthat had medical whereas my husband did not and then she remarried andher new husband added the children but she is now divorcing husband #2and is unemployed so she went and got state insurance. The Judgeordered my husband to provide medical insurance as his new job offersmedical insurance. So my husband is in the process of adding the kids,however after examining his current Support Orders on the supportworksheet he isn't receiving credit for paying medical insurance and itstates on the current orders that Mom is to provide medical insurance.But on the minute entry for the hearing it says Father is ordered toprovide medical and dental insurance. Assuming this is an error or thathis Orders reflect what was in place as of that day but that issupposed to change, should my husband refile upon getting the medicalinsurance? If he is awarded that credit (on the worksheet that line ismandatory) it would reduce his support by $130. Does the current courtorder supersede the minute entry or vice versa? Thank you for yourinput.
#3
Visitation Issues / Visitation Enforcement Help
Feb 05, 2009, 10:08:23 PM
I am a StepMom asking for advice on behalf of my husband. My husband has joint custody with his ex-wife of their two children. His visitation schedule is from Friday to Monday every other weekend and on opposing weeks Friday to Saturday. Along with alternating holiday times and sharing school breaks. For the most part he is able to pick them up from school but he is insales and on some Fridays he is unable to pick them up. I am home withour other children and am able to pick them up but his ex wife has gonedown to the school and notified them to not release the kids to me. Nowit is my understanding that from the end of school on Friday they arein his care and he should be able to decide to designate someone elseto pick them up on those fridays only? She also has told the school not to allow him to add anyone to the emergency cards, she also told the school she would rather not provide them with a copy of current court docs and even signed a form saying as much.  My husband went down to the school and talked with the principal and he was very rude and said that he did not want to get involved, that he had been doing this for a long time and would follow Mom's wishes. And although my husband did state that they have joint custody the principal was very flipant about it and ushered him out of his office. We were advised to write a letter to Mom explaining that she needs to refrain from interferring with his parental rights and to also write a letter to the school saying as much and include a copy of current court docs.

Both Mom and Dad have discussed this particular issue. On someoccasions she has agreed to have me pick up the kids and then changesher mind when she is upset about something. She gives "her"permission for me to go to the school to pick up and then changes hermind. I have picked them up half a dozen times this school year. Lastnight it was a go, then she got upset because she wanted some clothesthe kids wore back (the kids have a set of clothes at Dad's and clothesat Mom's so no bags go back and forth) so she got in a tizzy about theclothes and decided that I couldn't pick up then 15 minutes beforeschool let out I was given the green light. She won't agree to add meor any of Dad's family members to the emergency card but has her own onit.

The reason for wanting to pick up from school in actuality is tominimize contact as much as possible. As much as everyone's tried toget along it just doesn't happen and ideally picking up and droppingoff on neutral ground by 3rd parties is best. So the back and forth onpermission to pick up is on ridiculous matters. So my question was tofind out if Dad has any rights to say I want this person to pick up onmy day to cut the control strings on this issue.  There is no first right of refusal and the only other provision is "whenever feasible, both parents agree that when child-care is needed, the other parent will be considered as the care-provider of choice for the chrildren for periods of time exceeding 8 hours."

Can anyone give me some examples or some input on what to write in these letters?

I also was wondering if there are any guidelines on Mom calling during Dad's visitation. She calls anywhere from 2 to half a dozen times a day? It becomes very irritating for everyone including the kids. She is grilling them about what they are doing and on one occasion my step daughter was supposed to have a sleep over with her cousin at her Grandparent's house, but Mom decided she didn't want her to go and made my step daughter promise she wouldn't go even though Daddy said it was alright (btw, my step daughter is only 5 and as you can imagine this was very confusing).

Thanks for any Help!