Messages

Thanks Ocean,

Thinking of how to respond since some of the wheels have already turned prior to your posting. Some of the wheels are spot on with your thoughts though.

State of Child support- Florida

I reside in another State...(don't want to mention what State for privacy reasons).

Here is the situation. I pay an amount of child support that was very difficult for me to pay at one point in time, but my recent income has made the amount of CS that I pay far below the guidelines.

CP hasn't requested a modification and it has been many years.

I have never done anything wrong to my child, but the assertion is that my child doesn't want to see me anymore and the judge just ordered that CP doesn't have to force him.

I bring this up because there is not supposed to be a relationship between child support and visitation but in reality there often is...just never to the NCP's benefit.

CP has just filed an additional motion to modify visitation and obtain sole decision making. I don't want to discuss why I think CP will get sole parental responsibility, so please don't bring that up in this thread.

As part of that motion, financial affidavits have automatically been compelled on both of us even though CP's motion specifically States that the motion is strictly a petition to modify visitation and parental decision making.

I am out of work so I have no income. CP works under the table and reports no income.

If CP obtains sole parental responsibility, I will lose all overnights (not just as a matter of course but now as part of an order).

As a loss of the present quasi overnights, the formula will work further against me as it pertains to child support.

My attorney advises that the motion for sole parental decision making is simply a way for CP to modify child support upwards.

I am concerned that the judge will impute income from me since I have never been lucky in court and the judge hates/hates/hates my guts.

I am also concerned about newly and immediately induced arrears if the judge decides to impute income.

Could there be a scenario where I immediately lose my driver's license, passport, get damaged credit, because of the newly induced arrears and new child support obligation that I won't be able to pay because I have no job??

I'd like to know what might happen in the most extreme case.

My lawyer seems uber convinced that my child support will be going up soon.....so I am preparing for the worst.

I have lost my passport, driver's license, damaged credit etc. etc. over the years so I won't rule anything out.

Thanks

Thanks Ocean.

Wow ocean, the 504 plan allows a bit more time in the child's case to complete work assignments etc. I did actually get access to the child's grades once again.

When you mention that they must provide me full access to the meeting under Federal Law did you have any more specifics that I can cite? Is this per FERPA or is this something a bit more specific under the 504 plan?

I know what you mean about 2 States. It is an advantage to be away from the problems some times, but the negatives outweigh the positives in several key areas.

The disqualification thing. I sent you a pm as to why I am considering moving that way. Just a quick note.

Thanks

Thanks ocean.

Here are some responses/comments/questions etc.

Child is doing average in school. The assertion made by the child's psychologist is that the child's grades go down every time I show intent to visit.

I have a very hard time logging in and checking the child's grades because the CP constantly tells the school that I don't exist. (Not sure which medium this is done by).

It takes several days every year of substantiating my identity and fighting with the school to have access reinstated.

I spoke to the school counselor and they were very vague. I was ultimately able to determine that my child is on a 504 plan pursuant to a psychiatrist's assertion.

It won't allow me to posts links here, but a 504 plan is for severe anxiety. I doubt that is commensurate with an alleged disability that requires child support for life payments, but it is concerning that things have gotten this far. It is also concerning that the CP has infinite taxpayer resources to have the child diagnosed with whatever rotating sickness CP desires to meet this potential objective.

As far as the SSDI situation, I had similar thoughts. I've been trying to get the SSA to provide me with information concerning child's SSDI status without notifying CP lest I give them ideas. No one there seems to know what to do and I all I get are form letters back. I guess a visit to my local SS Office is in order.

I am about 16-17 hours away by car.

I like your idea of showing intent to get the child even if I don't actually follow through based upon the reasons that I described.

The idea of compelling a response (or lack thereof) is useful. Thank you.

On a side note, my texts and calls to the child are always unanswered.

Some additional notes of interest:

1) I have specifically asked CP for Skype visitation and CP ignores it. (Lawyers idea).

2) I have asked CP for child's passport number (my idea) (as opposed to copies of his passport where CP can photoshop things) and CP ignores it. This would allow me to see if child really is too sick to travel, and whether or not CP will assert to the State Department Passport Office during child's next upcoming passport renewal that CP can't find me and override the need to obtain my signature.

3) The psychiatrist refuses to tell me what the problem is and advises that they don't need to tell me due to patient doctor confidentiality....seems like this is more than likely the law in Florida. Psychiatrist advises that they don't tell the CP the issue either. However, psychiatrist then admitted that the CP sits in on the sessions (interesting that a psychiatrist has sessions, I thought that was a psychologist). Then Psychiatrist says that it is not me causing the anxiety, but couldn't tell me what was.

The only problem I see with your last thought is that judge refused to compel visitation at our last hearing. I doubt that he would do it now. I asked for reimbursement, but that wasn't granted. Just a whole lot of yelling and off topic from the judge.

I am thinking of filing a motion to disqualify with this judge on the premise of bias which is allowable under Florida law. Even if I lose, it would be helpful for reasons I don't feel comfortable posting here.

I am thinking of doing this all pro se...wouldn't be the first time or the last. No attorney could get further than me.

I really like the thoughts that I am getting here.

Thanks again!

Hi all. Sorry that I haven't come around to respond but I appreciate your responses.

I am trying to establish a bit of anonymity to my post, so I didn't want to get too specific about location and a few other things.

I also knew that the attorney on this site has been gone for a few years, but I know that this area has historically been reserved for very difficult to answer posts. If this is a bad area to post this, please move the post. Thanks, and sorry in advance.

Anyways, I hired an attorney and this made it to court. Again, the judge treated me with horrible disrespect. It seems the judge *might* be biased against parties who appear telephonically, but in all likelihood there are other types of bias involved.

I could not hear what the opposing parties attorney was saying and when I asked the attorney if they could speak up, the judge began screaming at me advising that since I appeared telephonically I'll take what I get! (I mean the court is the one that facilitated it and agreed with it). I'd still be willing to bet that the judge would not treat me so great in person based upon previous experiences though and who has the time and money to figure that out?

So the judge advised that I was entitled to everything in the court order, but the judge would not request a pickup order or ask that the CP "hogtie the child" and throw them in the back seat. The judge suggested that the other parent simply encourage the child to visit me. My attorney starts screaming at the judge, telling the judge that all the judge did was empower the other parent. A yelling match ensued between judge and my attorney. I personally think that it was all a big show.

So guess what? After the hearing I emailed the other parent and asked them if my child will be flying up to see me. The other parent responded by advising that they have been talking to the child and encouraging them to come.

The other parent claims to have gone to the airport with the child and then emailed me to let me know that the child experienced severe anxiety at the thought of coming to see me and that they would not force the child to fly.

Then a few moments later I received a text from my child's phone advising in short that they did not want to see me again. I have not seen my child's face in 1.5 years at this point. I have no way of knowing whether or not that my child text me.

Neither myself or my lawyer believe that CP went to the airport.

Some comments:

1) Emancipation has been mentioned, but I still have concerns about the CP arguing that my child is mentally ill to a biased judge and having to pay child support for the rest of my life on some basis that CP will need to be the child's carer. Every loss that I take just empowers the CP. Additionally, CP appears to have lots of money. Having a psychologist testify was not a problem for CP...and I hear that is expensive as heck and not typically affordable.

2) The lawyer advised that I proceed as MixedBag says after our quasi/sudo win in court...travel to Florida to meet the child. I have a new family here that depends on me. I wouldn't know how to get a hold of my child in Florida when CP refuses to answer the door as the police angrily advise me that this is a civil matter. Based upon some close experiences there, I am concerned that I'd be arrested in that locality as the CP lift's their mighty pinky. At one time, I tried to exercise visitation in that locality and asked for a police escort for which I was refused. I went by myself and the police advised me that I was trespassing and that next time I'd be arrested.

Thoughts?

Thanks

State: FL

I live in another State on the East Coast. Child is 16 yrs. old and resides in FL. Moving closer to child has not resulted in fruition due to the child living in a area with a very high cost of living and no real jobs that could support my ability to live and pay child support simultaneously.

Child has flown to see me since the age of 5 years old via agreed order signed by a judge.

Last year, right before the child's visitation, I received a call from CP indicating that child was suffering from Vertigo and unable to fly.

Later the story changed from Vertigo to alleged use of Spice (apparently not easily verifiable during drug tests).

Then the story changed to non-verifiable symptoms like having a feeling of detachment from child's body.

With the story changing all the time, I suspected that the intent was to either or both:

1) Estrange the child from me.

2) Assert mental illness so that I might end up paying child support for the child's entire adult life.

I gave the child some space since the child stopped talking to me for some time, but ultimately and since there was an agreed order I decided to purchase his plane ticket and just wait for CP to violate the order by refusing to allow visitation.

I then received an email from the CP's attorney asking that I forgo visitation until the child is no longer experiencing severe anxiety "mentally ill" which the attorney asserts that I partially somehow caused.

Knowing the CP, they will just continually ride things out constantly asserting mental illness until the child is 18 and it is too late.

I spoke with the doctor who saw the child when the alleged incident transpired, and he saw no reason that the child could not fly.

I spoke with the psychologist who saw the child when the alleged incident transpired, and she advised that Child was experiencing anxiety because CP was yelling at child.

I spoke with the psychiatrist who did not want to discuss this with me at all.

The biggest issue is that CP works under the table and gets Medicaid. I suspected that CP would ultimately find a therapist who asserts that the child is mentally ill to meet CP's unknown agenda.

I am also concerned that once again, CP will assert mental illness when the child turns 18/19 as applicable under Florida State law so that CP can get child support from me for life.

Combine this all with a judge who always sides with the CP over any issue and is consistently disrespectful with me in the courtroom, and I believe that I have cause for concern.

Any thoughts on what to do?

Thank you.