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Messages - HelpingHands

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Child Support Issues / RE: c/s ugh
« on: Feb 22, 2007, 03:15:05 PM »
You may want to deal with the SS office to apply for benefits on behalf of the child.

In our case, BM's disability status was determined before she had enough work credits in(she was 20 or 21). Thus, no monetary payments to the child. She's receiving the maximum she can and there's not enough left to pay the child our of her benefits. That's what SSA said. Doesn't make ANY sense to me.

I will be filing for a  child support modification soon based on my lower income than the judge 'computed' in the 'order'. She wasn't ordered to pay ANY support.

Child Support Issues / RE: Gender bias
« on: Feb 03, 2007, 08:44:24 AM »
Look up the child support regulations for the state of Virginia. I recall specifically seeing that if the employer does not make timely payments then THEY become liable for the money owed. I posted alink on Soc's board.. I will try to find it.

Perhaps the mother's boss will not like that they will be responsible because the mother is acting unprofessional within her position by withholding the child support checks.

I bet you will start receiving checks in a timely manner once the big man gets word his company is responsible for her child support.

Child Support Issues / RE: Child Support Enforcement/modifications
« on: Jan 16, 2007, 04:09:39 PM »
When I spoke to the SSA when I first recieved custody in AUG. SSA stated that because she was disabled prior to earning any substantial amount of wages, she did not qualify to recieve benefits for our daughter. The woman did say however, that the mother could 'sign away' a portion of her benefits to support her child if she wanted to. That certainly won't happen. If it matters, BioMom was disabled at age 20-21.

I think I will make a personal trip to the SS office and present the paperwork and ask to file for any benefits due to our child.

Child Support Issues / RE: Child Support Enforcement/modifications
« on: Jan 12, 2007, 02:37:32 PM »
I don't know what happened to the first half of my post. Anyway, yes, mother lives in Va. Child and I live in TN. Order is out of Va, however judge put in order that support and child custody is to be transferred to TN as they have jurisdiction.

TN CS office said that yes, SSD is considered earned income for child support calculations. SSI isn't.

BTW, if child support were being paid based upon the income share guidelines like it is for everyone else, she would owe $385 month.

Child Support Issues / Child Support Enforcement/modifications
« on: Jan 10, 2007, 06:16:43 AM »
 A little background history: Our child spent 45 continuous days in the summer with me, went back to mom's for less than a month. I was awarded primary custody in Aug 2006. Mother and I shared  joint custody. Mother appealed the decision in Va. , but I had already filed within my home state an application for child support services, because no order was made re: CS during that trial(aug 2006)- as the judge said they didn't have jurisdiction. (mom in Va, court in Va and I live in Tn) New trial heard in Va Dec 06. I was awarded custody(not joint) and her generous visitations.

Chld Support part of order reads: Given the mother's disabilities and the costs attendant to her traveling to TN, no child support is ordered at this time.

However, it states that there is a duty of support owed by mother for our dependant child.(in the statutory notices section of the order) and lists our information for record.

The judge states in the order that I make approx $280 more per month than I do. Also states that mother has not worked outside the home since 2005 as a result of her disability. This is not true. She has worked through several temp services throughout the year(s) and other employers long enough to earn and claim EIC tax credit.

What can I do to have my home state look at the order to get child support from the mother? She lied to the court about not working. She works long enough to file taxes and get the EIC credit(she's not been entitled per old court order) and the amount it states I make is in error. She does receive Social Security Disability and claims she lost her SSI payments when she married her DH- one week prior to the last court hearing in Dec. though no proof was offered in court.

Tn's guidelines state 15% change for modification. There hasn't been a change, it's just reported incorrectly. If they based it on OT, for a couple of weeks I was trying to make up for missed time due to court, that is not the norm. I normally get 35-38 hrs a week. OT is only during holiday season when the demand is higher and never throughout the yr.

Do I just call the CS office here and explain? What happened with the original CS application I filed in Aug for child support? Can the CS agency in this state order her to pay the minimum allowed by law? I've never heard of ordering NO support, as the guidelines state a min of $65 her state/$77 my state.

Child support would be used primarily to counter the costs of us meeting at the half way point for holiday breaks(a 4 1/2 hr one way trip)

Thanks for any help or insight into your experiences with something similar.

Dear Socrateaser / RE: Therapist issues...
« on: Jul 16, 2007, 07:46:00 PM »
My understanding of joint custody is that whoever has the child has the say so over where/what to do with the child, UNLESS it is specifically spelled out in the court order directing one parent to make final say on medical,educational, etc issues.

If it is something that you think is harmful(therapist planting info, false memories, etc  in kids head, discouraging a relationship with the other parents, etc..) then you may want to ask the court to intervene. I don't know how or if that would work.

If you are being ordered to repay a debt (their receipt of public assistance) and you are obligated to do so(court order), I would ask for an accounting statement detailing the dates and amounts of payments. (I doubt they would give you the type (housing, foodstamps, etc) If they refuse to give you the amounts (which sounds like what they are trying to do) then I would take the issue to court to dispute the amounts, ask for clarification of amounts owed for which period, etc.

Will the DCSE(child support office) not give you a detailed payment history? With that history, it should detail the amounts owed MONTHLY and the amounts recieved MONTHLY, it should also break down and show arrearages with the interest rates added in MONTHLY. From that you should be able to determine what the public aid amount was.

You are going to have to have an attorney to get this mess straightened out. You are digging yourself into a bigger hole by trying to get this done yourself. It is obvious they are not going to discuss anything with you. Until they are forced to produce the information(court order), they will continue to take you for their ride.

If you are talking $15k or more isn't it worth the assistance of an attorney($2500-5000) to get it straightened out?

I will tell you this: If your name is not on the case they will not give you ANY information. They can not, by law, disclose information not pertaining to you. HIPPA laws, I believe.

Here's a scenerio: BM had primary physical, she received food stamps and medicaid. She refused to give me the medicaid information(I wanted to clear the hospital bill, when she got hurt while on a visitation). I called the social services office. They can not give me ANY INFORMATION re: OUR daughter, even though I had joint legal custody. The case wasn't in my daughter's name, it was in the mother's name and with that came the confidentiality. They said I had to get it from the mother. So, in the end, I never received the medicaid information.

If you are the father and the mother has recieved benefits for your child you may be liable for the repayment. Ask me how that's fair and I will tell you I don't think it is, especially when the woman can go get services, never tell the man and then he has to repay it. That just happened to a friend of mine. $1600 to be repaid or he goes to jail.

The person needs to qualify based on income and family size. So yes, if the married couple has an income that still falls within the requirements, they can qualify for housing assistance, medical assistance and foodstamps based on family size and income.

http://www.hud.gov <----------links to different state housing agency

http://www.myflorida.com  <------- great wealth of information

http://www.myflorida.com/accessflorida/   <------ public assistance

Dear Socrateaser / RE: nondisclosure discovered after CS review
« on: Jun 11, 2007, 06:21:30 PM »
No experience here, but I'd like to put out a few what if's.

Are you allowed to appeal a child support decision within an alloted time period?

What if you appealed the decision based on the newly discovered facts, could you handle that case?

What if you turned over the information to the child support division and asked for an appointment to review information?

I don't recall whether you said your state is a shared income state or not, but what if you prove she is hiding income- wouldn't that increase the 'pool' and therefore cause your CS to go up?

Maybe you should call the court house, explain the situation and go from there. Maybe call to talk to the DCSE attorney and ask for their help in the matter. I wouldn't let her get away with falsifyng info to get more $$ out of you. IRS might be interested to know they are falsifying tax returns, as well.

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