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Messages - ER

Pages: 12 3 ... 8
1
Child Support Issues / RE: Are all ex's SWs?
« on: Dec 18, 2005, 06:49:33 AM »
I will never get involved with a SW again no matter what!!! Yes, there may be good ones out there but where??

My ex was famous for using the "system" before I met her. Her daughter was on medicare and she got all kinds of assitance while my ex went to college and had "daddy" pay her under the table. She was making more money than her job paid her when she first started!

ANother thing was when our son was born (I found this out through medicaid) She applied for insurance suppliment to pay the hospital bills and lied to the SW that I was not in the picture, yet she told them she was living in my house. I got a letter one day for CS and prosecution from job and family serivces and she blew it off telling me it was just something they do because of being a SW and not being married. Stupid me beleived it but she signed off on not pursuing the CS and they canceled the medicaid.

When I discovered this when I applied, they told me it was closed and she could loss her job but guess what???? She did commit fraud but the Agency swept it under the rug. So they do protect their own!!


2
Child Support Issues / RE: We've been burnt by that before too
« on: Dec 17, 2005, 10:01:49 AM »
Well, I also file for CS increaase dur to a change in circumstances based on information given. First off, my ex and I never married. My ex showed a w-2 in court last year of $4,000.00 less than her yearly salary when we were together. My attorney never asked for her tax returns no tried to go after "potential earnings" based on her degree and capability to earn.

Well, just 5 months after our trial we had to go to SSI for our son for disability because my ex felt she was being cheated out of money by paying CS and she is also a SW and knows the system well and how to work it. So upon gven out income information, she hands over pay stubs which amount to much more than she reproted for total income last year. In fact it was $8,800 month a year. Now given that she gets a salary and not paid hourly, this increase of $8,000 plus is pretty steep for her position given she does not have a master degree and even that increase is not likley in her agency. Also to consider is the fact that even if she went part time to year of our custody battle and her income stated in court was true, going full time this year would never give her that increase in income for her position or any other as well. I beleive there was some documentation fraud done IMO.


She has a daughter previous that she gets full right off for. Our plan states only she gets to claim our son and nothing more or less, no details. My accountant says I do get head of houshold and the EIC as well as expenses that's it. She only gets the exemption judging by our court papers.

It is truly a nightmare because the parenting plan is a mess from the get go. I believe both attorneys seen the money from our families and figured we would keep it going as "Security" from them. A last name should not have a difference on how to protect a child but in my town and case, money does buy you whatever you want.

3
Child Support Issues / RE: An order is an order until it is changed
« on: Dec 16, 2005, 07:55:57 PM »
Well, I am learning the hard way from bad attorneys I guess.

Our parenting plan has a lot of holes it.  I am motioning the court to vacate it and submit a new one based on the ambiguitites whihc have casue nuremous problems with shcool and medical and just about everything. I still cannot figure out how a judge let it go.

I thought of asking the modification to be every other year rather than giving my ex every year. I was told by my accountant that I still get the earned income credit, she does not. Unless I am wrong, I beleive it still somthing.

4
Child Support Issues / RE: Documentation required
« on: Dec 16, 2005, 08:54:08 AM »
Please explain this further as I am still ocnfused.

I am the CP and recieve CS from my ex in the amount of $237.00 monthly. She gets the exemption only because my attorney gave it in the parenting plan without my consent. 2005 Tax year will be the first my ex will claim our son but I have never signed any forms or papers or was told I had to.

I am currently filed a motion to change this back since she gets another exemption from her daughter.

Our custody trial was done in Feb of 2004, did this rule change after or before that date and how does that apply to my situation now?

5
>Beginning in 2005 the definition of a dependent has been
>revised.  Whoever pays for half of the dependents support gets
>to claim the child.   See IRC Section 152 for more
>information.


What is consider half of support payment??

Example, my ex pays me $237.00 monthly for our son. That barely covers the cost of day care  at $400.00 plus monthly, let alone other expenses for our son. I am the residential parent and my attorney gave her the tax right off till my son is 18 and I never signed an 8332 or anything granting this. This was done the dayof the trial and I had no say. (Attorney has been fired)

What about those parents that truly use the money for the child as in my case, I still pay for everything for my son and yet I have to pay every single year in taxes because I am self employed. Why can't I get the tax exemption since definately pay more in support of our son?

My ex has a daughter from a previous relationship and gets big $$ ever year at tax time. So why should she benefit for doing nothing but giving her son peanuts. I would be more than happy to split alternating years, but she refuses. So I have no choioce.

6
Child Support Issues / RE: In DH's last modification action
« on: Dec 15, 2005, 05:35:57 AM »


I am self employed and use my tax returns for income in court regardless.

Ex pays primary medical and I pay secondary and we split 50/50 after that. She never has paid her 50 percent when submitted bills to her.

Do not know what courts will do or thing about the different figures from one year to the next. I could be wrong or I could be very right as to the difference. I have evidence of what she reproted now, but there is a possibility that her attorney did somethig to alter the W-2's

She also just bought a house for over $130.000.00 on a yearly income of $20,000.00 if she is standig by her w-2's. Impossible to get finaced at that income. She put dow $100,000 ad finaced ther rest, I am sure she had help but we are asking for proof of income in court and also subpoenaing her bank account to verify.

It is a mess, but if she lied, she should be in hot water. Judge sternly told us he did not want us back in court!

Do not care if I win this CS or lose but I have to had some offense as sad as it is or I will not have a change given her fiancial support to file motions every so many months.

Shared-parenting in our case is a train wrecj waiting to happen!

7
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?

8
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???

9
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?

10
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!

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