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1
Child Support Issues / Child Support Motion for Increase....???
« on: Dec 13, 2005, 10:45:02 AM »
My ex decided she didn't want to pay for CS so with the help of her father filed a moton to change the parenting plan for decision making on medical issues thus soon after that file another motion for residential parent status and so forth. This will continue until they win not matter how may times they lose...

Now, she pays me CS based on only the W-2 forms for one year that we had out trial. I had to have 3 years tax returns to show my proof of income. Question is my attorney never saw my ex's w-2 forms or even bothered to request tax returns thus he took my ex's attorney's figures to calculate CS.

This past July my ex decides she needs money and files for SSI for our child who has disabilities. In the course of this interview the SSI rep needs income either pay stubs or tax forms. My ex hands the SSI rep her pay check stubs. The amounts are far greater than what was "claimed" on the w-2 forms for court. In fact there is an $8,000 difference. Her job does not give out bonuses, or promotions that result in a one year $8,000 increase in salary. In fact evenif she went part time, it still would not be that significant.

I decided to have this information brought in court during our hearing on my ex's motions. I filed for an increase based on mis-representation of income figures which I now feel could have been altered.

I am also asking my attorney to get an order for her tax returns and w-2 forms from her work and have them sent directly to my attorney (new attorney, fired old) since this did not happen last time. I am cocerned that they will make me look greedy just because I am self employed. My thought is the fact that if men can lie, cheat to get out support, why can't women as well??? Why should there be any difference regardless of income or gender.

Has anyone ever been in somthing similar where income statements did not clash or were significantly higher to the point that it was very questionable?

2
Child Support Issues / Advice on CS and what to do now.
« on: Feb 10, 2005, 01:04:56 PM »
The judge made the final deceison monday at trial to a share-parenting plan for me and my ex. I file for CS back in October and the judge ruled that it would be granted based on my filing of an exhibit C. I am confused as to what that means but when I contacted CSE they said it pretained to medical. It meant or so I am told that all my ex has to pay is my son's medical insurance. Now I am the residential parent who pays day care, therapy and everything else. I have my son on state medical assitance to pay for additional therapy because mom's insurance does not cover much.

I think my attorney screwed up because my ex's CS order is for $40.00 whichis the share she pays for medical from her employer for my son. Now, I am sefl-employed and submitted my tax returns to the courts, she submitted her w-2 and I found out that she is $5,000 less of a salary than when she started 3 years ago. She purposely has been using te system to get out of her obligation. What is really upsetting is that she just got a new car, and all her bills have been paid and are being paid by her father. I know family can do what they want but what about her getting checks from her father and depositing them and then having her attorney in court ask for a reduction in awarding CS due to her fiances? I can almost be sured that her father has gifted her over $10,000 for legal and living fees as well as the car. That will explain why she does not work as much anymore.

I have 30 days to file an appeal and my attorney sucks. He missed so much and when I brought it up, he said it will not matter. When I discussed this with CSE agency they told me that the court can determine her potential earning just by her degree from college as opposed to her current salary. Oh yea, she is a social worker that has used the system. So what can I do, or is all hope loss. And to make matters worse my flippin attorney gave her the tax deduction without telling me just to get CS...$40.00 a month compared to $700.00 a month and she gets a big deduction??? Who got shafted here???

3
Child Support Issues / child support calculation
« on: Feb 04, 2005, 01:14:13 PM »
I live in Ohio as well as my ex. We are going to trial Monday and CS will also be heard as well. I filed for CS on our son that I have temp custody of but throught the process of a GAL they are recommending shared parenting with me being the residential/custodial parent.

My question is my ex has a daughter from a previous relationship that she receives no support nor does anyone really know who the father is. The child is 13 and is on assitance for private schooling. My ex pays for the insurance for herself and both children and I get additional medical assitance for my son due to his expensive therapy that the mothers insurance will not cover. Now in Ohio they take into consideration other children so how does this effect CS if any awarded for my son? Her income is much higher but we both do not make a ton of money. Does anyone know how this is calculated with other children and any variables?

4
Soc,

I been here before and have been helped by your answers in my on going custody drama. Well, here is the newest and a few questions to follow.

A year of GAL, hearings and investigations over my ex filing a motion for medical decisions has come down to the GAL finding in my favor as well as other issues that presented themselves. After 5 hearings and one trial, my ex and I reached an agreement both through mediation and in front of the Judge the day of the trial. Next step, was for my attorney to provide the admended parenting plan for our review for us to both sign it and have it recorded.

My attorney submits the admended plan to OC and we get no reply. 30 days later a second notice goes out, still no reply. Finally I ask attorney to submit a letter to the judge in regards to  OC refusing to sign an agreed admendment asking a judge to order it and record it without my ex's signature. Attorney informs me thatafter talking OC attorney this week my ex has stated she never agreed to anything through all this proceedings,  even in court. Funny, it was recorded on tape that day we were all at trial as an agreement. OC has hinted they are no longer going to represent ex due to the circumstances and difficulties.

I sign the admended plan today as advised by my attorney and he has informed OC of our intentions to submit it to the court by the end of the week for order regardless of ex's signature.
I am told it should go through if my ex does not filed an objection to it.

Questions:

1. If my ex files an objection, will a judge or court grant a whole new trial based on the known fact she and I agreed in front of the judge, or could they throw it out given all the evidence from the year long proceeding and her refusal to cooperate after the fact?
(She will find another attorney to represent her..money is no object to her)

2. Given we spent a whole year in court on a motion she filed, can I now possible file for sanctions such as legals fees to be reimbursed for the time wasted given the facts at hand of refusing to sign an agreement that was settled at trial?

3. Lastly, what can really happen in a worse case scenario?

Thanks agian!

5
Dear Socrateaser / RE: Decisions involving school???
« on: Sep 13, 2006, 05:25:14 PM »
Soc,

Had final trial today and won from the ex's motions she filed agasint me.
One area that I feel is still grey is school. Although I thought I was the residential parent being that it was never stated in our parenting plan (we have shared-parenting but not a true 50/50 visitation) There is a clause in regards to school that states:

"Father is designated resdiential parent for school purposes"

1. By this decree what are my rights in regards to schooling?

2. Does my ex have the right to fill out school papers being that she is NOT the residential parent for school purpsoes?

To clairfy that last question: My ex filled out a form for reduce lunches at school today for our son. at school. The information she provided was regarding herself as well as indicating that our child resided with her by listing her address. This has been a slight ongoing problem with the school as they cannot figure out who has what just by the parenting plan.

3. What are my ex's rights in regards to this decree and given that we have shared-parenting, what can she do and not do?

4. What if anything can I or my attorney do to convey to her in a nice way what is right or wrong...(my ex gets upset quite a bit)

Thanks



6
Dear Socrateaser / Mediation and questions
« on: Aug 05, 2006, 04:48:37 AM »
Hi Soc!

I will try to make this brief but apoligize if it gets too long...

Mediation was yesterday over a medical decision making motion that my ex filed. GAL ruled in my favor to have the decision since it was not listed on the parenting plan. My ex is fighting this as well as other issues. Also, "residential parent" is not listed on the parenting plan that is shared parenting but copy of plan I have has it but copy in court records does not. There is an additional court records filed that gives me "residential parent for school purposes" Our child lives with me but gets visitations with his mother. I ask at mediation for the clause of residential parent to be added back in and my ex said she whould does this only it she got more time with our child.

1. How much weight is given to the GAL decision in regards to the motion filed for medical decison making rights if and it looks like my ex wants a trial to fight this?

2.Will a judge allow the "residential parent " clause added to the current parenting plan, given the confusion from the orignal being ambiguious?

3. My attorney and I discussed asking to vacate in the shared-parenting plan due to the many ambiguties and would like to submit a new plan that is more detailed.

Thanks

7
Dear Socrateaser / Tax question and fasle statement???
« on: Mar 09, 2006, 11:57:38 AM »
Soc,

Through our court motion with the ex and I, my attorney reqested my ex's tax returns in regards to child support and a motions to give me back the tax exemption for our child that my first attorney gave without my consent.

I reveiwed them today and found a problem. Ex by our 2004 court order can claim our child as a dependant beginning 2005 and until the child is 18. Now, we both have the same accountant. For 2005 my ex claim our son but also claimed the Earned Income Credit as well Head of Houshold and listed that our son lived with her. I am the residential parent per our court order and my ex gets visitations with EOW only plus 8 weeks in the summer on/off between us.

I called the accontant for clariafication. She knew this and explained to my ex that she could claim our son as a dependant but she could not get the EIC because our son lives with me. Ex yelled and got confrontational. Accountant knew she was lying but to diffuse the situation in her office made ex sign a document stating that she is admitting of our son living with her was true. Got those sent to me.

Questions:

1. What can happen and what can I do along with my attorney in
regards to this false statement and EIC claim to the IRS. (Accountant told me that an audit will take place more than likey now when I file for 2005 taxes)

 Ex claims son lives with her because of shared-parenting plan and her attorney said to go and file it.

2. How is it determined where the child truly lives if ex does not want to follow parenting plan?

I know he lives with me,  but if we go by the exact days to our court order does that determine where the child truly resides?

Our case of residency - simple math - a typical month with 31 days. Son lives with me 25 days/nights - mother 6 days/nights.

If we go by visitation - son lives with me 25 days/nights - mother 6 days/nights but gets 4 hours visitations of 7 days as well but no nights for a total of 13 days but only 6 nights.

3. Can visitations count as a true day with living with the non-resident parent.  I think my ex is using her visitations days as saying my son lives with her those days.

4. What if anything will a judge do or look at this?

Thanks

8
Soc..

Ex filed motion to change parenting plan to give her medical decision making rights and to re-instate a Social Worker that I fired due to unprofessional conduct regarading the well being of our child.

My attorney countered filed with the same motion of keeping the decision rights with me as residential parent and an increase in child support due to change in circumstances to my ex's income.

Pre-trial Judge orders a new GAL to make decison and investigate.

My attorney sent me a Interrogatories and Request for Production of Documents that has to be answered in 30 days from my ex's attorney.

The request asks for all my incomes records from 5 years to present. Any other sources or income plus and banks I have dealt with. The requests ask for all witnesses and documentation including tape records prior to trial. (we have not even got anywhere near there) No where does it ask about our son or anything realated to him just income and documents.

1. What exactly does this mean and how does it relate to my ex's motion or my motioned filed.

2. Do I have to answer these inquires to an extent as some of this as some of the questions I feel, have no importance on our case.

3. Is this just an attorney trick regarding child support since she pays me and claims she has no money but yet gets money from her father all the time?

4. What are my options to defeat this or counter this request.

Thanks


9
Dear Socrateaser / Soc-motion for change in parenting plan??
« on: Dec 11, 2005, 01:27:57 PM »
It has been only 10 months since our custody trial and my son's mother filed a motion to change the shared-parenting plan to make her have power to make all non-emergency decisions rather than me, the father, who is residential parent.

She has filed this motion based on a Social Worker I had removed from our son due to unprofessional conduct towards me. It was witnessed by my son's teacher.

Our son has developmental problems which I have been instrumental in getting him the therapy he needs. The mother on the other hand has had very little invovlement due to control issues.

I entrusted the services of this Social Worker before our custody trial when I had full custody. After the order of shared-parenting the SW took things personal because I did not agree with her recommendations or me and the mother had disagreements which could not be worked out through mediation. She has taken the mother's side to fight.

What if anything can I show to prove that I have been doing in the best interest of my child?

Being that the mother is also a SW and using her professional job to prove her point as being a more fit parent, can I use the orignal Psych Eval as evidence? (The Pscyh eval was in my favor due to the mother's inability to want the rights or responsibilities).

The mediator in our case was also the GAL, he has since declined to be involved based on our inability to settle issues. (only 2 times) My attorney feels he would be an asset due to the fact that he understands how I have tried by initiating these mediations to solve problems.

Any insight?


10
Dear Socrateaser / Soc...update on SSI
« on: Aug 12, 2005, 01:37:49 PM »
Went to SSI today and got the lowdown.

Rep said since I am custodial parent I am entitled as payee for my son, but because of shared-parenting and eventhough it is plain enough that my son is with me well more than 50% of the time they still could not guarantee me as payee because of the need to chek policy. Apparently, my ex and I are the first to present such a case of shared parenting but not a true 50/50 custody. And as I guessed it, it is tied to the shared-parentin plan and what it contains as being contradictory.

But the end result now is that he is ineligilble due to me having assets above their guidlines so it has become no big deal to me. The question at hand is this.

Since my assests are above the guidlines than can my ex receive SSI for my son? I was told no because they figure in both our incomes due to having shared-parenting order by the court.

Can she filed for residential parent status just so she can receive the benefits? I was also told that it would not matter one way or the other because again all our income and holdings as considered under a shared-parenting order.

Now, she reported in court on her w-2 that she made 20,000 a year for CS purposes. Today she handed a check stub to the SSI rep and they wrote down she makes $2,400 monthly. Well above her salary she reported in Mar of this year. Being that I have a copy of the income for SSI  application with the information written down and signed, can this be used to modify an increase in CS based on that document. I am sure they will need more but this was news to me today.  I was told 20% or less will not matter in income but she went from $20,000 a year last year to so far by her cehck stubs to within $28,000 plus? Seems there may have been somthing fishy there.

And lastly, I wish to file a modification to our parenting plan to specifically claify "residential parent" since the problems of clairification. I also want a "telephone clause" for my son so that I can call him and talk to him as well as his mother but...she refuse to get a phone except for her cell phone. Now, she just bought an expensive home but will not get a land line. Can I argue in court that a cell phone is not considered proper with a 4 year old or somthing to that fact? My reason is that her daughter is 13 and just today even,  I get a call from the school she attends after 2 years of being out of my house thinking that her daughter and she still live here. This is not the first time they tried to reach her daughter. Mind you i save the recordings because thye say this is the number they were given to reach her daughter.  I just feel that if her daughter watches my son and mom goes out somewhere, there is no phone to call in case of an emergency. Is this a valid point?

Again thanks

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