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Messages - leon clugston

#141
you want to here the more crappy part of it, did you reead the papers CSED is sending you, bet you a hundred bucks it says you are the non custodial parent on them. For the states to collect, even from custodial parents they cannot acknowledge you as a custodian. The federal regulations,(the law they are supposed to be following, and the one they signed contracts to) doesn't let them take monie from custodial parents,.We have the same interpretive laws here in Alaska, one which right now ime fighting in the lower court and getting ready to file in a federal court. There is a way to fight these guys in youre case but hireing an attorney probally wont do you any good, however if you have the recaipts you will win in the long run, what these guys do is drag things out knowing most people cannot or wont take the time or monie to fight, and so they get away with this. Dont give in, dont give up, these guys count on you to do that.
#142
only put in papers what you want the courts to adress and make decisions for you. If you put something in papers the administartive judge can use his interpretive authority under what he/she beleives is right and make a decision for you. Any subject brought into a court is beleived to be an issue you youreselves cannot resolve without a mediator(judge) and therefor leaving the result to his/her beleife of wht is right.The other key to going to court is going in under a special and restricted appearence, it limits the judges to the issues you want.
#143
no, what it does is makes the court step forward and puts them on the spopt, forcing them to make a decision w/ out youre consent that is aumatically appealable. The best interest of a child is a interpretive law, open to the discretion of the judge, it realy has no set boundries, but if a judge stepes into this realm he has to explain in detail his actions. The problem is these judges(courts) have what they call cooperative agreements(contracts) w/ the state child support agencies and the attorney generals office, and one of the stipulations in the contract is to obtain as many as possible, and as high as possible child support orders, it is called cooperative agreemnets under section 3.1 of the state child support plan as required under the social security act and title IV-d. The agreement when entered as a non negotiable issue, and not brought up by either side again during the proceedings limits the judge, to where if he/she themselves brings it in run the risk of judicial error, that is appealable, to a higher court.
#144
regaurdless of if you can get along or not, child support is not for the parents, nor doos it realy apply for the children since we are all third party beneficuaries. The problem is not that you are divorcing each other the problem resides deeper than most people think, you are divorcing the state, you took an oath, a paper, marriage certificate, and the state is the benefactor of youre marriage, when you divorce you disrupt or rob the state of its federal gratuities. The problem w/ child support is that the state is a benefactor and when you enter into the courts to divorce the state wants it take to, Its hard concept but hundreds of supreme court cases is pointing that way.Most states have a clause that you cannot wiave child support, but the clincher to all this is you have to enter into a court and consent to waive youre rights, and let the courts decide who the children shall reside w/, if you two are going to stay in the same house and not fight over the children for the time being, then youre ex and you, can write youre own agreement and tell the judge that it is not open to consideration of change, in fact as long as you dont bring up the issue of custody within the proceedings the judge cannot do anything, everything that happens in administrative courts is done by consent by one side or the other.
Good luck, research, research, it will save you time and money and headaches.
#145
any documentation is bettter than none, and besides you have her putting the kids w/ you for longer periods of times, so she can't use the old (hes not good or he's a bad parent) love it when they set themselves up. Her moving or contemplating to move is a change in circumstances, and in most states automaticaly warrants a custody hearing, changes in locations, house, friends, schools it all affects the well being of a child and has to be factored.
#146
Child Support Issues / RE: won't work...
Feb 17, 2006, 08:15:22 AM
if that is the case then it is truelly sad,
#147
Child Support Issues / RE: CS and Custody
Feb 15, 2006, 02:11:26 PM
why not do a split shared custody, if youre ex is that interested and money to you is not the issue, but thats just my opinion, that and child support is nothing more than a way for the states to collect revenue, read the state plan as required under the social security act title IV-d and you will see what ime talking about,,the actual true state plan is approximately 100-1000 pages long it is quite informative.
#148
Child Support Issues / RE: CS Mod in MA
Feb 10, 2006, 08:46:38 AM
One has to remember that even though they lifted the levies there can still be the leins, and garnishments in place, and the tax return iontercept is a whole diferent thing altogther, but wont go into that detail for fear of confuseing.
   The State in cleaning out the educational acccount is avery good standing in a court, and very well should be addressed over and over again in court and anywhere else that is possible.
   Part of the problem is you are receiving Aid from the State but I couldn't explain that in a proper way for you to understand however if you were to mail nickolas-mtaonline,net there is a lot of info that could be sent.
    The state dont care what her real income is, or very few do, however you could try the IRS, but just try to think of something tenative that has standing or can be shown easily, w/ out to much of there time or efforts, reported one myself, who the IRS ignors still to this day, the thing is they dont have an income but have a house ,cars,trailors and land.
#149
Child Support Issues / RE: CS Mod in MA
Feb 09, 2006, 07:46:53 PM
never if possible go in arrears, you cant wiave them, nor can a court, retroactively decrease support in arrears, but she can if she wanted. The downside to youre income decreasing is the fact that these jackals dont care, and in most state plans are required to put you in at a potental level regaurdless if you can go there again or not, however the reason behind youre decrease, pending whether or not it was intentional might favor ok, but rarely will it. A person has to know how to fight it correctly and lawfully and there is no way or alloted space to explain it to you short of just saying you can try, as far as her tax returns, or non applicateing income you better have some substantial proof to what you say or they want care, and cash is hard to proof.
#150
Child Support Issues / RE: CS Mod in MA
Feb 09, 2006, 07:46:22 PM
never if possible go in arrears, you cant wiave them, nor can a court, retroactively decrease support in arrears, but she can if she wanted. The downside to youre income decreasing is the fact that these jackals dont care, and in most state plans are required to put you in at a potental level regaurdless if you can go there again or not, however the reason behind youre decrease, pending whether or not it was intentional might favor ok, but rarely will it. A person has to know how to fight it correctly and lawfully and there is no way or alloted space to explain it to you short of just saying you can try, as far as her tax returns, or non applicateing income you better have some substantial proof to what you say or they want care, and cash is hard to proof.