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Topics - awakenlynn

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11
Child Support Issues / TX child support completely wrong!
« on: Jan 15, 2007, 05:08:59 PM »
I received a letter from the State of TX Attorney General's office this weekend.  It said that in 30 days it was going to notify the credit bureaus that my child support was now $320 monthly and that I have an arrears of $2200.

IL has jurisdiction for the child support.  The SDU office said they have control over the child support issue unless an interstate case is opened or until TX notifies them of the change in jurisdiction.

TX said they cannot speak with IL and IL said they cannot speak to TX.  TX pulled child support for 3 weeks from my second job in the amount of the child support order from 1994.  The TX office said they needed a certified copy of the most current child support withholding notice to update the amount.

TX said they had an arrears because when ex tried to get support in 2003 from TX, IL still had full jurisdiction of the whole case and ex was told to resolve the TX issue.  Apparently she didn't.

1.  Can TX notify the credit bureaus?

2. Can TX be held liable since the information they have, they know is inaccurate?

3. Can ex be held liable if we found out she gave inaccurate information?

Thanks,
Lynn

12
Child Support Issues / Texas child support question
« on: Nov 03, 2006, 08:48:30 AM »
We live in IA and our case is being transferred to TX.  We have spoken to a few attorneys. He has a large law firm and family law is his specialty.  He has told my husband that because we live out of state and TX has never been a residence, that the ex cannot ask for a support increase unless she comes to IA.  If we ever wanted to ask for a decrease, we would have to go to TX.  

He said it was done in order to help stop the 'unfair" portion of the statutes where it states that the jurisdiction must be in the state in order not to cause an 'unfair advantage".  (Part of the UCCEJCA-sp?)

I have never heard of this.  Does anyone know if its true?  Also, the child support is going from IL SDU to the Texas version.  Are they allowed to make changes to the support?

No one has sued for a change and there has been a review every year.  There has been no increase in pay, just an decrease(company is reducing hours, trying to put off layoffs).   Unless ex actually transfers the whole case and try for a modification, the state must uphold the IL law until someone tries to modify.

Thanks,
Lynn

13
Child Support Issues / Texas child support
« on: Aug 30, 2006, 04:34:12 PM »
Our case has just moved to Texas.  How is child support determined in that state?  How is it figured?

Thanks,
Lynn

14
My husband currently pays child support weekly, but he is getting a small raise later this year(cost of living raise).  Anyways, we told the State's Attorney that we would pay the 20% on any raise he got, and we have been paying quarterly for the months that he must pay support(the summer months are abated).  Well, with this new raise and paying quarterly, it is a pain.

Can we ask the ex(CP) to sign a stipulation agreeing to raise the support a certain amount?  For example(not real amounts) we pay $50 a week and we are sending in $30 quarterly.  Can we ask that the support increase to $52.50 weekly?

I know its hard to answer, but based on your experiences: Do you think she would agree or take us to court to try for a bigger increase than she should be allowed?

I would prefer to do a quick stipulation and have it signed by a judge before we go to court on other issues.

If we were to write the stipulation ourselves, where would we find a template to work with?

Thanks.

15
Child Support Issues / SDU modifictions
« on: Dec 17, 2005, 08:17:47 AM »
We received a note from SDU(we think) the first week of October asking if we wished for a review and possible modification.  We didn't fill it out because we modified only last year this same time.  It said if we didn't wish to then to ignore it.

Now last week we received another form from (IL Dept of Public Aid) [The 2 have recently split or something and are still using the same letterhead]  This time they ask for a new financial affidavit to modify our child support.

I asked my sister and she got one too.  Her case is in a different county than ours, but she didn't fill it out and recieved a notice it was closed.  She had called them afterwards and said it was a computer generated letter/form the same as SDU.

I haven't responded or called because I want to get through the holidays first without having to worry about it.  Ex, husband and state's attorney reviewed my husband's pay, financial affidavit and agreed to keep support where it is.  We said any raises we get, we would pay quarterly.  He got a 20 cent raise(something close).  It comes out to about $20 a month when added up and we are paying quarterly for it.

I am afraid SDU or IL Dept will step in and arbitrarily decide we aren't paying enough since they don't have to go by the court order or any agreements.  

What should I do?  Do nothing and see what happens?  Call them and ask about the form and tell them that we modified a year ago and to review the current financial affidavit(it is slightly out of date-we have alot more bills than we did then and only that slight increase in pay--but he did work more overtime this year)

We were under the belief that a case could only be reviewed and modified every three years unless there was a substancial increase in pay.

Any thoughts about this case?

16
Dear Socrateaser / Going to court
« on: Jul 05, 2007, 11:57:32 AM »
The jurisdiction is now currently TX.

Ex recently moved jurisdiction from IL to TX because my husband got out of the military.  (Because my husband and her husband were both on active duty, IL kept a firm hold on the jurisdiction for 13 years).  The current order was made in 2000 with modifications in 2003.  SD is 14 years old and we only have 3 years + one spring break of court ordered visits.

1st issue: ex filed and registered the IL court order for visitation as a foreign order in TX.  No problems there.  But now ex is argueing that there have been a substantial change in circumstance and wants the entire IL order on visitation to be vacated.  If the judge does not agree with vacating the order, then she wants the TX standard order to be put in place with changes she wants.

Under the current order we get every spring break (we pay for transportation), 8 consecutive and uninterrupted weeks in the summer (ex pays for transportation) and alternating Thanksgiving and Christmas breaks (we pay for transportation).

Ex wants it to be every other spring break, 6 weeks in the summer, alternating Thanksgiving and breaking the Christmas break in half.  She wants us to pay all the transportation.

2nd issue: Ex has never moved jurisdiction from IL to TX in regards to child support.  It is a seperate issue that she has never addressed.  She was getting Child support thru the IL SDU, but made them close down the case and opened a case thru the TX child support office.  TX finally admitted that they had no legal standing to issue the child support withholding notice and they did not communicate with the legal state of IL.  They created about $1000 in arrears because they did not keep IL appraised that they were taking child support.  They also are not following the court order that ex registered that stated that the 8 week summer visitation child support is court ordered abated.  TX and ex now owes us $1590.  The only way for IL to accept the $1000 that we have paid thru TX is for a judge to ok and order it to be counted.  IL wants the 2 District attorneys to talk and have jurisdiction to be moved to TX.  TX has pretty strict statutes that can move a child support case from one state to another, but I have been told "they really don't follow them".  Because ex is the one on record as having moved TX, according to the statute is supposed to make ex go to the state we live in and have an interstate case started.

Questions:

1. Will TX abate a foreign order?
2. What consists of a substancial change of circumstance in TX?
3. Can 2 states just decide who gets jurisdiction without going to court or having either party involved?
4. Can TX just "decide" it doesn't want to follow a statute?

17
Dear Socrateaser,

In July, in IL, I filed papers to clarify the current court order and to hold my ex in contempt on some issues of that current order.  Ex's attorney filed a petition to dismiss the case since ex lives in TX.  

I currently live in IA, but IL has had jurisdiction for the last 13 years (my daughter is 13 and a half).  Ex moved to TX in March 2003 and our current court order is July 2003.

Anyways, because of the UCCEJCA(I know the initals are alittle off), the judge dismissed our case without predjudice.

I am looking for an attorney in TX, and I still need to get those issues clarified.  One such issue is that ex refuses to put our daughter on a plane unless it is the flights that ex wants and refuses all flights that have a stop-over.  

Currently that means I drive 3 hours to Chicago and 3 hours home again, twice a visit.  My family has limited funds and it always strains us to come up with the extra $200 needed. I have always caved until this year, because I have always agreed that our daughter should fly non-stop until she turned 13.  That allowed our daughter to get some flying experience under her belt and both ex and I could get to know the airline our daughter flies better.  

Our daughter will be 14 soon and the next court ordered visit is spring break.  I have realized that on the fly back day, there is something planned with my son(with my current wife) and I cannot drive 3 hours to Chicago.  This means either a stop-over flight or ex drives 3 hours each way and our daughter flies into my home airport(20 minutes away).

This is the court order portion if you need it:(I am the Plaintiff)
[The Plaintiff shall have alternating Thanksgiving  
  and Christmas holiday visitation, to coincide with the school  
  calendar, commencing with Christmas 2003, at his residence.

The Plaintiff shall have visitation every "spring break" holiday, to  
  coincide with the school calendar, commencing in 2004, at his  
  residence. The Plaintiff shall provide all transporation for these  
   visitation periods. ]


Ex has filed for TX child support office to withdraw child support instead of IL.  That is fine.  The problem is now support is getting withdrawn from 2 different states.  I spoke with IL and they said they can't do anything because it is not an interstate case.  TX said they reimburse the overage when this happens.

Also, one attorney I spoke with stated that because I have no ties with TX, then my ex cannot ask for an increase of support in TX, but must do it in IA(my home state).  The TX child support office said they are going to send me financial affidavit papers to fill out and send ex a set of  papers to fill out too and then the office would determine the child support amount.


1.  Is there anyway to get TX to enforce the current IL court order?

2.  Can I ask TX to clarify the needed issues?

3.  If ex files for a modification of visitation, would TX vacate the current order and put in place their standard order?

4.  Is it possible to successfully fight this as there are no substantial changes in circumstance?

5.  What is an interstate case?

6.  Is it true that ex must come to my state to ask for any change in child support?

7.  Can they unilaterally do this?

I hope I filled this out right.  Any help would be great.

Thank you, Socrateaser!

18
Dear Socrateaser / Christmas break
« on: Dec 16, 2005, 08:14:14 PM »
I hope I remember all of your guidelines.

My husband's ex wrote us today that she is not putting her daughter on the flight we purchased for the Christmas stay back in October.  While she notified us today of this change of plans while walking out the door, she notified friends last week that she was leaving today.

We purchased a round trip airline ticket, from the day Christmas break starts until it ends.  We purchased the ticket in October after we had verified the dates and flights with the ex.  We notified her before and after we purchased the ticket.

I contacted the airlines and they have told me that we can not use the return portion of the ticket because the outbound portion was not used.  They will cancel, but there will be a fee to re-issue a ticket at any later time.

According to the visitation order, we get all of Christmas break on odd years(such as this) and Thanksgiving on even years.  We also get eight weeks in the summer(not using the 1st week after school lets out or the week before school starts).  

We are responsible for the winter breaks, and spring break transportation.  She is responsible for the summer visit.  There is nothing in the order that spells out what happens if a party changes plans.

We reside in Iowa, ex and family resided in Texas, ex's parents live 3 hours away in Illinois and the case jurisdiction is in IL.

1.  Is my husband's ex now responsible for the travel expenses since she changed agreed upon plans?

2.  Will we have to give the daughter up early during break if ex decided to drive back?

3. Can we take her to small claims court to get reimbursed for the unused ticket?

Thank you.  I hope I met all your requirements.

19
Dear Socrateaser / What is needed for change of custody?
« on: Jun 13, 2005, 09:47:08 PM »
We live in IA, case is in IL and BM lives in TX.  IL retains jusrisdiction due to military service.

SD is now 12.  When DH was in military he was told he would have no chance at joint or primary custody(12yrs ago).

He is now out of the service.  We cannot argue mother is unfit(not the best mother, but not unfit).  

BM has 2 children, we have 3.  All are younger.

1)  Is DH able to file change of custody for joint custody or primary custody due to having a more stable environment?

2) Can we argue change custody to allow father equal parenting time and to allow sibling bonding among this half of SD family?

Thanks,

20
General Issues / Laid off
« on: Sep 14, 2007, 09:02:56 AM »
My husband was laid off almost a month ago.  We are scheduled to go to court in about 2 weeks, our attorney is going to ask for a continouance(sp?).  We had the money saved up for the flight to TX, but it came down to the tickets or paying our bills and keeping a roof over our head.

My husband came home yesterday and found a job.  It's 54 cents less than what he was making, which comes out to be about $20 a week less. So do I not pay the insurance, electricity, phone or mortgage?

My main concern is whether the judge will be likely to grant it, hopefully so, since we won't be there.  We have looked at airplanes, driving, bus and train, they are all way out of our price range right now.

My other concern is for the child support.  We have been paying faithfully, but ex played some games and 2 states are saying they have jurisdiction and neither will back down.  So we pay support to one state the other creates an arrears and vice versa.  IL made some errors with the child support so we are trying to get those corrected and the judge will not allow the TX receipts to be counted for support, he wants us to go to court there and tell him why we haven;t been paying IL and to walk him through every payment.  When we have that corrected, ex actually owes us about $400!!

Then in Tx, they won't abate the summers which is in the court order because, even though it is registered in TX they refuse to look at it.  IL doesn't give signed judge's orders and haven't for years.  They hand you an "Order" which is found online that TX considers to be judge's notes not an order and refuses to accept it.  TX then was pulling child support from 2 employers at one time (husband was working for a temp agency to keep our income to match what it was last year) and once they have it corrected, when we finally DO go to court, ex will owe us close to $600 there!!!

When we do go to court we should be able to get a reduction in support.  I looked at what my husband's yearly income is and we have been paying about $40 a month too much.  I know that doesn't sound like alot, but when you live paycheck to paycheck and only have $50 a WEEK (for a family of 5) for grocery bills and your son is being tested for learning developmental disabilities, that $40 is alot.  On top of that, we have to find the money for SD Christmas visitation, which will be about another $500-$600 we need.  I keep my fingers crossed that the judge will continue with the current court order and allow our summer child support to be abated, given the HUGE difference in ex's yearly income and ours, it is the onely way we are able to pay for summer activities for the SD and her siblings, and make up for the difference in our taking care (food mainly, clothes, and medical) of SD instead of ex.  We are also hoping the judge will take into consideration the travel costs for flying SD here twice a year out of the 3 times she comes to visit (Christmas/Thanksgiving-alternating and spring break).  Ex pays for the summer visits which is usually by visiting her mother and making her mother keep SD until hubby picks SD up and drops her off.  Last summer ex flew up to her parents the day after visitation ended, refused us any extra time (grandma had to pick SD up) and then payed for 2 tickets to fly them both home 2 days later.  Would be nice to have that kind of money.

I am so frustrated with it all.  We have followed the orders and everything, now ex wants to vacate the IL order and have TX put in place.  If they do that we will lose 3 weeks of visitation.  We only have 3 years of visits left before SD is 18.

Thanks

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