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Topics - Amarant01

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Child Support Issues / child support issue
« on: Nov 20, 2017, 11:45:53 PM »
Hello All,

So I made a few post about custody issues some months ago.  The give a quick breakdown, my childs mother had abandoned him for a period over 8 moths before showing up to court.  I was awarded Primary physical custody and Joint legal custody for her actions.  My questions now deal with child support, as I am still paying child support from the prior order.  The DCSE stated that it will take two months, to completely close the case, and I assume, remove the wage withholding.  In the meantime, I have a court date scheduled with the court to terminate the child support.  My first question is whether the court will only hear the case about the termination of the current order, or whether an adjustment to her paying child support can occur.  My impression is currently that I will have to file a separate case to take out child support on her.  My second question, is whether I will be able to be compensated for the child support paid effective of the date of the change in custody?  Im fine with paying the child support currently, as long as I am able to get it back.  I cant take care of my child with it, if I do not have it.  The third question is whether I can be compensated for the 8 months of child support that I paid where the mother was absent?  This is a bit of a stretch, and I do not believe I will be able to, but if there is a way, I would appreciate knowing.  Any insight would be appreciated.  Thank you!

Custody Issues / Filing for full custody on Friday
« on: Sep 26, 2017, 07:11:56 PM »
As ive listed in some earlier posted, I have a child whose mother has pretty much abandoned him this point, for the past several months to be exact, with no contact or support, and I will be filing for full custody this week or next week.  Ive consulted with my attorney, and he informed me to file a motion to amend custody, but my concern is how to keep the mother at bay after filing?  I have no doubt that she will try to enter the picture again after being served, and given the time that some courts take to go into deliberation, I don't want it to seem as if she is all of a sudden, super mom, due to the fact that the court may not hear the case immediately.  I am especially concerned about the possibility of her picking him up from school , and taking off. She has already moved twice, without notification to myself or the court, and I have no confidence in that she wouldn't try once she's aware of what's in store, as well as the effect it would have on my son with her showing up after all of this time.  He doesn't adjust to change well, and my mother and I have just got him to the point where he is pretty stable.  Any suggestions would be welcomed.  Thanks in advance

Custody Issues / Chances at obtaining Full Custody in VA
« on: Sep 06, 2017, 03:37:04 PM »
Hello, I am in Virginia.  Last October, I was forced to ask for CPS to intervene on behath of my son, and he was taken from her home for a period of 4 months, until the conclusion of their investigation.  After the investigation was complete, the case worker notified me that he was able to return to the mother's home, I suppose that she resolved the issues that were addressed.  However, after 3 days in her care, my son was sent back to me, and has been with me for the past 6 months.  The mother and I share physical and legal custody, and our son lived with us both up until that point, six months ago, where he has only been with me.  The mother has not made any contact with my son within these six months, came to see, brought him clothes, nothing....He had a birthday that past a couple of months ago, and his little brother called using her phone, but she didn't talk to him on the phone, or come to see him, bring presents, etc.  The children have recently went back to school, and The school that he has been going to was under his mother address, in the next city over, approx. 30 minutes away.  I have had no problem taking him to school during this time.  It came to my attention within the last few days that the mother has moved from her address, to the point where he other kids are registered at a different school in a different school zone.  The other kids information has been updated with the new address information, but not my sons.  At this point, I am convinced that this is clear abandonment, and I am wondering if anyone knows the chances, or how to proceed in this case.  Im intending to file for full custody, but does this qualify as abandonment?  What route can I take, and what do you think are the chances?  I have been to the juvenile court in the past years a multitude of time, to mixed results.  My son is 11 years old, and in the 5th grade if that is pertinent.

Hello All,

I live in Virginia, and My child's mother and I share physical and legal custody of our child, this has been the case for the past 5 years.  Recently there was a child support case, that didn't necessarily go in her favor, and she began to mistreat our child as results.  I wont delve into specifics about that at the moment, but it was enough to have CPS involved, in which my child was removed from her home for some time.  Upon conclusion of the case, my child was allowed to return to her, in which she only stayed 3 days before the mother contacted my mom, to have my mom keep her grandchild, because of a babysitting/work scheduling issue.  A week after, I texted her to see if she had straightened out her situation, to the same result, that she was still working out her situation.  It has been six months since this, there has been no contact initiated by the mother, she has made no attempt to interact with her child, or support her child in any form or fashion, not to mention she resides 3 minutes up the street from my mother's residence, and working only a limited capacity, less than 20 hours a week, and having ample time to do so.  It may be worthy to mention that she has a younger child that isn't mine, and would obviously, and more appropriately require childcare/supervision for that child as well, it makes no sense to me to not have childcare/supervision for my child.  The child abandonment law in Virginia indicates that "intent to abandon a child" occurs when the child is left and no support is given for more than 30 days.  My question, is if anyone has any insight towards the prospect of securing Primary/Full custody in this matter?  I already have a stable home and a support system, I handle all of my child's appointments and extracurricular activities, as well as the costs and funding for such, and my relationship with my child is great.  I've spoken with a couple of attorneys in the matter, but I cant get a definite idea of how to approach the matter.  Any insight would be appreciated.

Child Support Issues / About Subpeonas
« on: Aug 03, 2016, 07:14:05 PM »
Hello all,

I present today with a rather confusing situation.  For my upcoming child support case, I find a number of subpoena duces tecum's, for the other parent to provide documents to support the case.  A total of two subpoenas were filed.  Needless to say, neither were complied with.  The first subpoena was served, but not complied with, the second returned to the sheriffs office with notice that the person wasn't located.  In fact, it indicated that the property manager stated that the individual didn't live there.  The problem is that not only do school records show that address, DCSE have address, The court has that address, im pretty sure they will give that address if I deposed them in court, and the original summons made it to the address.  Did they just work themselves into a conundrum?  I know for a fact the they do reside at the address I listed, I picked my child up from there the day after this happened for a dentist appointment, and every week during the pick up schedule.  What does this do about obtaining the documents?

Hello All,

I am currently involved in a child support case that is to convene within the next few weeks.  For the run down, we share 50/50 custody, and the bm has 3 children, besides my son, all younger than him.  Because of this, she falls under the 150% threshold for that since she is indicating that she only is bringing in 19,000.  I know for fact that she has reduced her hours to decrease her income within the last year, and her historical pay data will show that.  My question is in the event that income is imputed, is the poverty threshold still considered?  and if so, how to dissuade the judge from consideration?  Understand that I take care of matter with my son while he is with me, and take care of financial matter while she is with him, as far as extracurricular activities, Health/Dental expenses, etc.  The mother, for the last 8 years has put effort in trying to avoid her obligations to him, even once requiring a show cause to be filed to pay $132.00 for his health expenses, which she was court ordered to do so.  I don't feel that poverty thresholds should be considered since she is voluntarily underemployed, and has him as much as I do. Any help would be appreciated.

Child Support Issues / Imputing income to BM in VA
« on: Jul 27, 2016, 06:25:09 PM »
Hello All,

I am currently undergoing a child support review, and the matter has been continued a number of times.  I was hoping to obtain some input on how the poverty lines are utilized in the case of imputed income.

The situation is as follows:

My childs mother quit her job voluntarily(I subpoenaed the proof from her job), and six weeks after her termination, applied for an increase in child support.  After the case was scheduled, she was reinstated to the same job, but began only working less than part time hours, where she had previously worked full time. 

I filed a subpoena for her to supply her employment data report to the court, which she didn't comply with, and was ordered to produce her w-2's and income tax paperwork by the judge for the next time we show to court.  My problem is that even if I am successful in having the judge to impute her income, which very well may happen, it will still fall below the poverty threshold being that she has shown to make slightly less than $26,000 a year. 

Do anyone have any information on how to counter the consideration for the poverty level, being that she is avoiding earning her full income potential.  She is also on Section 8, and some other state assistance, in which I believe is another reason that she is attempting to restrict her income.  Any help on this matter would be appreciated.

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