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Arrears - - what a joke!

Started by cathy, Mar 30, 2007, 11:46:16 AM

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cathy

Well - the NCP filed to modify, claiming to be disabled.  Multiple trips later to court - -during which the NCP never gave proof that she went part-time, eventually brought in stuff from dr on her disability (that the judge didn't bother to look)- - - we finally get a decision/court order.  We were so sick of it we didn't even go to court the last time.  Our lawyer went and check in with the judge.

So - first thing, when NCP claimed she had to go part-time, but couldn't say how many hours she would be working - the judge picked a number out of the air and set child support to $66/month for 2 kids!

Now NCP has been approved for disability, the girls will be getting social security benefits.  So judge waives child support.  The order stated that CP was in court represented pro-se - - nope!  Wasn't there and is always represented by our lawyer.  Court ordered stated NCP and CP both agreed the children were getting ss benefits.  Nope - CP wasn't there to agree to anything and ss checks are suppose to start in April, haven't received anything yet.

The crowning touch?  NCP is $1922 in arrears.  The judge orders her to pay $10 a month toward arrears!!!!!!!   Great - in just 16 years, she will be done.

What a total crock.   It is a good thing we don't need child support!  But it does make me wonder what those single parents that NEED child support do..............

Insane

mistoffolees

>Well - the NCP filed to modify, claiming to be disabled.
>Multiple trips later to court - -during which the NCP never
>gave proof that she went part-time, eventually brought in
>stuff from dr on her disability (that the judge didn't bother
>to look)- - - we finally get a decision/court order.  We were
>so sick of it we didn't even go to court the last time.  Our
>lawyer went and check in with the judge.
>
>So - first thing, when NCP claimed she had to go part-time,
>but couldn't say how many hours she would be working - the
>judge picked a number out of the air and set child support to
>$66/month for 2 kids!
>
>Now NCP has been approved for disability, the girls will be
>getting social security benefits.  So judge waives child
>support.  The order stated that CP was in court represented
>pro-se - - nope!  Wasn't there and is always represented by
>our lawyer.  Court ordered stated NCP and CP both agreed the
>children were getting ss benefits.  Nope - CP wasn't there to
>agree to anything and ss checks are suppose to start in April,
>haven't received anything yet.
>
>The crowning touch?  NCP is $1922 in arrears.  The judge
>orders her to pay $10 a month toward arrears!!!!!!!   Great -
>in just 16 years, she will be done.
>
>What a total crock.   It is a good thing we don't need child
>support!  But it does make me wonder what those single parents
>that NEED child support do..............

I hope they hire a better lawyer than yours.

If yours is charging you more than minimum wage, you're being cheated.

cathy

Oh it isn't our lawyer - she is fantastic!  It is this judge.  She plays fast and loose with the rules and does as she pleases.  She is sympathetic to the NCP paying child support - regardless of sex.  It was stunning to sit in her court!  I'm pretty sure *I* know more about child support laws than she does!

We actually told our lawyer not to even bother going.  We had just had enough and really didn't care one way or the other.  Our lawyer ended up going by and talking to the judge that morning - thinking our case was in the morning session rather than the afternoon.

It is just totally ridiculous!

mistoffolees

>Oh it isn't our lawyer - she is fantastic!  It is this judge.
> She plays fast and loose with the rules and does as she
>pleases.  She is sympathetic to the NCP paying child support -
>regardless of sex.  It was stunning to sit in her court!  I'm
>pretty sure *I* know more about child support laws than she
>does!

Sorry, but if the judge is playing fast and loose with the rules and the lawyer doesn't object, you have a lousy lawyer....

>
>We actually told our lawyer not to even bother going.  We had

.....compounded by a bad client. Why in the world are you bothering with even having a lawyer and then telling them not to even go to hearings?

>just had enough and really didn't care one way or the other.
>Our lawyer ended up going by and talking to the judge that
>morning - thinking our case was in the morning session rather
>than the afternoon.

So your lawyer can't even keep track of when your case comes up and you consider her to be 'fantastic'?

>
>It is just totally ridiculous!

I agree. I wouldn't pay for an attorney who lets the judge play games without objecting and who can't even show up for hearings at the right time.

Sunshine1

I got two things...thank your lucky stars that the judge ORDERED her to pay the arrears. Ours didn't even bother addressing it.

Next, YOU have to call the Social Security office to make sure the benefits come to you.  You just call them up, have the children's SS#'s and their birth certificates handy and they will automatically have everything sent to you.

We get 13.00 per child...yup 26.00 a month in disability.  Did you actually see the paper that says she was approved and for how much?  We too do not need the child support, or the disability, but I will be damned if she is going to collect on them!

You may end up on the better end of the deal...some people do.  If she ever worked in her life you should get at least 100.00 a child, and what is nice you don't have to deal with her, it comes to you and ON TIME.

Good Luck :)

cathy

And when the attorney objects, and the judge still does what the hell she wants - - what would you recommend then?

There is a lot of information you don't have - and you jumped to lots of conclusions, all of them wrong!   Our lawyer is fantastic and did an incredible job when it really matter - - when we needed to get emergency custody of the girls when we found out their stepfather was molesting them, and when we needed to get the subsequent custody order in place.  She did a fantastic job when we went for child support after the NCP kept wasting our time and money filing idiotic motions.

And certainly she can keep track of when our case comes up - - but why would she when we told her not to bother, we just didn't care anymore??  She went on her own - because she wanted to.

Oh - and she hasn't charged us for any of these multiple trips on the child support modification, or when she went when the NCP was brought in for contempt for not paying.

The court is ridiculous - and so are your assumptions!

cathy

The NCP did get approved for disability and we did submit the information required for the girls to get payments.  Each girl is getting either $76/month - which is more than we were getting on the reduced child support that the judge ordered based on her "made-up" number for the hours the NCP was working!

Originally, the NCP was paying $340/month for the 2 girls.  Then when she claimed to be disabled and going part-time, the judge dropped it to $66/month for the two girls!  Totally insane!

Thing is - - I am more annoyed at how the child support court - and specifically this judge - works than anything else.   It wasn't just us.  It was all the cases we heard.  We are fortunate that we not need the money - that was never the point of getting child support for us.  But it is just infuriating - and I do feel for those people that truly do need the child support to provide for the kids.


ocean

wow...i guess it depends on what jobs she had in the past...We receive $550 in SS for 2 children and we would have had more but he has another child that we split the amount....
Yeha, I would  check on the address...and make sure it is coming to you. They should be able to tell you what date you will see it. I get it direct deposit the same day each month. No hassels so far...
Good luck!