Messages

yup keeping quiet is the thing to do, we have found that the more people you put faith in to do the right thing, the more wrongs come out of it.  Use it to YOUR BEST advantage when the time is right, and sit on it until then!

I will take a stab at this - I am not an attorney so please do not take this as legal advice, BUT, when we had to file to have a hearning set, our attorney filed a Motion to set hearing ....................

yup keeping quiet is the thing to do, we have found that the more people you put faith in to do the right thing, the more wrongs come out of it.  Use it to YOUR BEST advantage when the time is right, and sit on it until then!

I will take a stab at this - I am not an attorney so please do not take this as legal advice, BUT, when we had to file to have a hearning set, our attorney filed a Motion to set hearing ....................

This is one that is really sticky and needs an legal answer from an attorney.  All laws are diff in each state, and here and when DH went thru his divorce, the judge divided the home and the bank accounts from the date of seperation, but didved the ira's and retirements accounts etc from the date of divorce which was 2 years later.  I would go have an attorney give you an answer and have the proof that you saved this from the date of seperation so you can show that this was done with out participation from the STBX.

I have not read all the posts here yet, but I did read the original, my gut is kinda between a rock and a hard place on this.  Because we have kinda faced a similar sitation.  My DH and his ex used to be in mediaiton and the mediator stated that all kids lie for attention and is escalated in a highly contested divorce situation in that the kid can not get his way with one parent he plays the sympathy card, now I am not saying this is your case, but what I am saying is that could it be that the child is exaggerating the situation?  being there are no marks and no "proof" that this is happening?  My SS called me one day to come get him from school cause he and his BM Had a fight and he was afraid to go home.   Now had I gone I would be in jail for sure, however, he caused a situation that he was at fault for and his BM was totally in the right for her yelling at him and the punishmnet.  I was put in a situation that I could not get him without upsetting his mom and going to jail, nor could I betray him and tell him I felt she was right.  My answer, was that he needed to work it out at home and if he had an issue then he had to take it upon himself to get the help he deemed necessary.  I am not saying that your child is crying wolf, but I wonder if she is making a mountian out of a molehill and in the process putting other people at risk in many ways.  

WE have been down this road before and here is a few things to consider.

check to see if your state has a child support ledger online, ie I can go to our state and log in and see the most recent payments to the CS office.  IF they are being made to the CS agency then ask themwhy or if they are being sent out.

2.  YOu can go to the cs agency adn ask for a print out of the payments, ie here I can do this and it give me the date and check number of the payments made to the ex.

3.  if you have your pay stub and it clearly shows that the wages were garnished, then you have a receipt it was paid.  Check the laws in your state for employers who fail to make the payments.  My current employer (a large goverment agency) states that our responsibility ends when they receive the order for garnishment and their part ends when it is sent in.  IF you have a large company, it is possible they pay electrinically, ask HR to trace that payment if they made it, it could be they have the wrong account number and your payments are being made erroneously to someone else or being held in limbo because of a wrong number.  

According to any court, they will say that you are responsible, however, where does that responsibility lay?  When it is garnished from your pay, or to pay additional moneys for someone elses faillure?  No one has ever given me a straight answer, I tend to believe my employer that my part ends when it is taken from my pay, and theirs when they pay the CS enforcement.

Seems to me that you have a few leads to trace before you can make heads or tails of this situation.  Unfortunately, it always is our fault...........BUT check the laws in your state for uncooperative employers - here they can be fined for non payment, but also check to see the frequency they are to pay, while your CS is garnished every pay, some states only require a monthly payment.

true, I forgot that SPARC admin said they deleted the account, but still no comments from another user iD, or even an email to SPAC admin. I mean someone with a true conscience (sp) would have some ill feelings about this all, true?

I agree with all thats been said but the troubling thoughts still come into play.

Dont you all find it a bit strange that this thread dissappeared when people startined voicing their opinions and ther ehas been no comment or appearance to speak of from Ken Kaplan?  No apology, no comments, no nothing, just dissappearance.

weird to me...................

LOL usually I am TOO wordy!

1.  RE incorportate into Petition:

BM has been found in contepmt in previous orders for
Vistation denials (2ce)
Ordered to make up parenting times (3 times by 3 diff judges)
contempt for not following court orders for mediation (2ce)
Discovery violations & failure to produce under compel
contempt for providing schools, dr's etc inaccurate informatin regarding BF
Last court order stated that BM was inflexible and refused to allow BF to have any mroe time than what was ordered

QUESTION 1:  How do I word this in the Petition to show a history of the above since the current petition is asking for hearing of contempt for vistitain issues, not providing accurate info to the school, and not providing discovery, and failing to mediate again?

QUESTION 2:  How do I include that since the last court order - BF is not even receiving what IS court ordered, and BM is now signing up the child to do things on BF weekends and not telling him, as she nor the child are not home when BF goes to get the child?

2.  RE CS mod:

BF -
Filed for CS mod April 18 1997 due to job loss
Hearings August 14, 1997 (this was first of 6)
Order Oct 2000 rendering CS obligation based upon 8/97 wage
Neither parent making the same income from 1996-97

BM-
Financial Dec filed Aptil 1996
Same wage used from BM in each mod after that in 2000 and 2003
BM has changed job several times
2002 tax records (discovery info) showed that she was making $296/week less yet 2003 court order/financial dec shows BM used 1996 reported income

QUESTION 3:  How do I point out to the court without coming off as accusatory that the basis for the current obligation is outdated and old and was based on wages over 10  years ago, and even based upon wrong information supplied by BM in 2003?


Thank you.