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Messages - HelpingHands

Pages: 12 3 ... 14
1
Child Support Issues / RE: 1040 for CS calculation when joint ?!?!
« on: Jul 11, 2007, 12:55:32 PM »
Mist I agree. That's why I said 'it appears he has the full return" OP needs to not appear deceitful, but cautious about marking out the irrelevant information. Going overboard will certainly find him in the hotseat with the judge and yes possibly even in contempt.

The employer information will need to be known to set the child support through DCSE, right? So that needs to stay just as the wages do. Wife's information can't be used in determining child support and therefore has no bearing on the case.

You are correct that you assume to lose some privacy once you marry someone with an ex and kids. But if you keep your finances seperate from the wife's then they can not subpeona her records...joint checking, savings, etc.

I will have to say my attorney said that I needed to list the vehicles that are in my wife's name- to not appear to be trying to hide assets. Judges (and other attorneys) will make a mountain out of a molehill. OP is simply trying to protect his wife's privacy. Anything beyond that is IMHO unreasonable and will be frowned upon by opposing counsel and the court.

>>As Soc once said to me, " you can not provide what you do
>not
>>possess."
>>
>> If he doesn't have the return, just the W-2s, that's all he
>>can provide(though it appears he has the full return).
>
>As Soc also might have said: "You an go to jail for contempt
>for lying to a judge".
>
>It just seems like a pretty risky strategy - especially since
>it's not very believable that the OP doesn't have (or can't
>get) copies of their tax returns.

2
Child Support Issues / RE: 1040 for CS calculation when joint ?!?!
« on: Jul 11, 2007, 05:52:09 AM »
As Soc once said to me, " you can not provide what you do not possess."

 If he doesn't have the return, just the W-2s, that's all he can provide(though it appears he has the full return).

 

3
Child Support Issues / RE: 1040 for CS calculation when joint ?!?!
« on: Jul 07, 2007, 03:53:43 PM »
I wouldn't go so far as to blocking out your employer's info. The wife's irrelevant info, like DOB- SS#, etc - yes.  You start marking through stuff like you're hiding  things, you will not do well in front of the judge. You make it look like a chicken scratch document, I'd bet you will be ordered to produce a clean copy.

Just out of curiosity, who's requesting the info? The judge? The other attorney for discovery? The child support division?




4
Child Support Issues / RE: 1040 for CS calculation when joint ?!?!
« on: Jul 06, 2007, 11:51:21 AM »
Actually, I was just in this situation in December. BLACK OUT all information not pertaining to you... your wife's social,her  b-day,her kids/your kids not by ex #1-  full names, b-dates, socials, etc. your wife's W-2 Info, etc.

Soc told me that it would be courteous to ask the other parties attorney if it would be acceptable to them. I didn't ask because, like someone above's situation- the people I am dealing with HAVE stolen others information and her new husband has been busted for forgery, stealing, and numerous other crimes  and I blacked it out anyways. What was she going to say? "I need your wife's and your wife's children's social security information" ?? Explain to me why it's relevant!

If you don't black it out and it goes to court, you can OBJECT to the document being shown in it's entirety(sp) with the IRRELEVANT(sp) information legible and ask the judge to blacken the info out (problem is, they may just possibly run a pen mark through it, still leaving it visible).

5
Child Support Issues / RE: Maybe some clarification
« on: Jul 05, 2007, 01:30:53 PM »
I would file to terminate the child support and quote those statutes. The other party will then have to produce sufficient evidence showing that this child is still enrolled, correct? You will show that you've requested the documentation with no success and therefore believe that the child no longer attends school  because they have provided you with no verification.

What will happen if you withheld payments(I would probably put it in an escrow account with the court)? They'd have to go to court to prove the child is still in school and should still receive payments, correct? Can you provide copies of your child's withdrawl request?


6
Child Support Issues / RE: New Marriage and state assistance
« on: Jun 28, 2007, 08:04:07 AM »
see reply on Soc's board.


7
Child Support Issues / Virginia Child Support Website
« on: Jun 24, 2007, 08:50:37 PM »
Virginia Child Support Website

https://www.dss.state.va.us/family/dcsecase.cgi

8
Child Support Issues / RE: A wwyd ?
« on: Apr 18, 2007, 06:27:25 PM »
Thank you! Will send a copy of the court order along with the first payment. The August order is the latest order, that I know they've received(from me). I doubt mom took a copy showing she lost custody in to them after the December hearing.

What I don't want happening is TN reopen a case and I end up paying court costs to pay arrearages that I am trying to take care of. I don't want it ordered, appearing that I am not voluntarily paying the arrearages.

also, if it makes a difference- the judge put in the December order that all matters relating to the custody and child support are now transferred to TN jurisdiction.

9
Child Support Issues / A wwyd ?
« on: Apr 18, 2007, 02:49:00 PM »
Child support order originated in WV in 2000. At the time both parents shared custody, child lived with mom, M-thurs. To catch you up to date: custody has been changed several times from joint, her - primary,her primary- residential, joint again, dad primary residential, then dad sole in December 06.

Mom at different times filed in Va (where she resides) for child support modification/enforcement. Va said it's not their jurisdiction as it was never properly brought to Va and dismissed the cases. The most recent was May or June 2006. In August 2006 custody was reversed to primary residential with Dad in Tn and mom having visitation in Va. At the time, dad filed for child support through child support office in dad's state(TN). In November 06, TN had a court case against dad for arrearages and to enforce Va's order. The CS atty dismissed the case, since child now resides with dad. Arrearages were paid up in June. Apparently July and August were not paid up. With me still?

In December 06, when the appeals hearing was held for the custody, sole custody was granted to dad and no support ordered due to mom being on disability and having to travel to TN for visitations. Also, judge ordered dad to make arrangements to pay child support division the small arrearages due.

Had face to face contact with the child support office in TN, the other day. The case is still closed. They will contact their CS atty and figure out what to do. Still waiting for appointment to open case against mom, since Aug 06.

My question is do I go ahead and wait for TN child support atty to contact me with past due amount to pay and make arrangements- to keep it in TN? OR do I go ahead and send payments to Va? I want to comply with the order to pay arrearages and not keep accruing interest on the past due amount. Now what?? It's only a little over $400. I'd like to make monthly payments but where to?? TN CS said if i send checks to them they will just sit there, because there is no case open at this time.

10
My thoughts are to file to have an emergency/ex parte(ex parte- is without notice to the other party- in this case the mother) hearing on child custody(someone here said Alabama- they are considered minors until age 19) and child support review. If the people he's living with are willing to sign affidavits to file with the paperwork that the mother has kicked him out and they have been providing him a place to live, I would think it would get the court's attention that there IS an immediate need to change the current order.

Good luck!

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