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Messages - Simplydad

#31
I am not sure what Oregon's actual law is but I do believe that in just about any state in order for child support to be increased there will have to be a change in circumstance.  Your daughter becoming pregnant IMO does not qualify under that department.


Is there anything else that would have caused a bump in support?  Income increases or maybe your ex lost her job?   It really does sound really weird that you would be required to pay additional support for an adult to have a child.


Can you request a hearing on this matter?
#32
Child Support Issues / Re: Filing taxes
Mar 16, 2012, 12:33:49 PM
I believe there is a form called "injured spouse"  that is used to protect the other spouse's refund.  I don't know all the particulars of it but I am pretty certain there is a form like that.
#33
Quote from: Kitty C. on Mar 12, 2012, 08:34:14 AM
Her problem is she doesn't look in a mirror and realize that the majority of the problems she has start with her.


I think my STBX is her twin separated at birth.


And Congratulations on your journey finally ending.   I bet the light is so much brighter at the end of that tunnel.
#34
How is the money being given to the grandmother?

I am not sure of your situation but if the mother is not taking care of the child the you should have custody.  Is there a child support order in place?  Is there a custody order or agreement?

I am going off an assumption here so.  If you have a child support order and the mother gives the child support to the grandmother I don't think there is anything that can be done there.  If the child is taken care of it may be considered a non issue but what may be very important to the courts is what is the reason for the child living with the Grandmother and not the mother.
#35
Hopeless while you may not be able to get a DVP order you should still be able to get a normal restraiing order.  Harrassing you via cell phone is a crime in West Virginia as in most states.  Here is a link to the penal code covering that.  Make sure you scroll down. The area the covers cell phones, and internet harrassmetn is down the page a little.

http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=61&art=3C#03C (http://www.legis.state.wv.us/WVCODE/Code.cfm?chap=61&art=3C#03C)

On my facebook the only people that can see anything are actual friends.  I have made it so searching for me does not bring up anything.  If your stepchildren have facebook pages you may have to remove them until this issue is over.  The ex may be accessing your information by accessing their pages.  Since they are minors that is legal to protect them of course.   If you do not give her access and she retrieves it from some other source then I don't even think that is admissable and you would need to just object to the material they present stating they retreived it from illegal channels.  I am not an attorney so I really can't say if that is a fact or not.

Also do not make any posts on your facebook page that discusses anything going on with the pending case or with anything the stepmother does to you.  When you do not acknowledge her in any way you take away her power.
#36
Some things that may need to be considered.

1. The non custodial parent will be required pay child support.  If STBX is going to have custody that that may be one of the things he will be expecting.  Also if granted custody and income requirements prevent him from paying to full amount he could qualify for some assistance there as well.

2. The most important thing now is for the child to have time with both parents. Nothing should come in the way of that and you and your STBX should try to work some agreement.  Instead of school year type visitaion just agree to go 50/50.  Split the cost of day care down the middle.  This way if you are assistance to get on your feet then agree on no child support.  It is win/win for the you and the child if the parents can agree.
#37
General Issues / Re: Lawyer vs a pro see litigant
Oct 20, 2011, 07:15:27 AM
An attorney will always be better in court because of the knowledge they posess.  Court is about knowledge and procedure.   If you do not know the proper procdeures you can make huge mistakes.   Judges do not cut pro se litigants any slack.  Any mistake you make is your fault.  You are responsible for knowing the law and how it applies in court.

Each court has Rules of Civil Procedures that must be adhered to in court.  If you do not follow these rules then you stand to lose big.  It governs what is required in court such as discovery rules.  Judges do not police if an attorney is following the rules or not.  It the responsibility of the opposite side to notice it and file the necessary motions to combat it.  If you do not know these rules you can't beat an attorney.
#38
General Issues / Re: In forma pauperis
Oct 19, 2011, 05:29:52 AM
If the visitation is already in the court order then the only way she can get a change in visitation now is by a change in circumstance.  Since it is already in place and has already moved she needs to show something besides personal preference.
When she files respond to have the motion denied because she has not met the requirements of a change in circumstance.
#39
General Issues / Re: Child Support questions
Oct 18, 2011, 11:31:55 AM
One more thing that I forgot and this is the most important part.  Only the courts can modify the child support amount.  There has to be a hearing.
#40
General Issues / Re: Child Support questions
Oct 18, 2011, 11:28:48 AM
Quote from: wife1 on Oct 17, 2011, 04:06:55 PM
@Mixedbag, YES the thought of her seeing our financials and our tax refund bother me a great deal!!!! I don't feel like she has a right to see it.  They were never married so it isnet like they had a life together it just happened. It is one thing for the AG to see it and make a decision but for another person to see it its  totally different. I feel like she agreed to that amount and has had more than enough time and opportunity to make an ammendment to it if she wanted to why wait till now? She has known for the past 6 almost 7 years that he had gotten a different job and there is no way she could have thought that he made the same amount. Her thing is that she is a bully and doesnt want anyone telling her that she is wrong. Her husband is in the military and she likes to move around and not be around any of her family so we were thinking that is one reason she never did it before  so that he wouldnt add to the paperwork for her not to live more than 100 miles away.

You will not be required to submit tax returns.  The information needed by the attorney general are forms that will reflect both parents income.  You can just submit W-2 Forms and check stubs.   Based on the information if you have an agreed order for child support there is nothing the attorney general can do about back child support because there isn't any.

At my child support hearing I showed up with pay stubs.  The amount to be paid was based off of that.  There was no misunderstandings. The guidelines are clear and the amount to be paid no different.