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I had an order to pay support to the other parent years ago before i obtained custody of the children some 4 years ago. different case #

the aunt recieved temp custody for about 3 months upon allegations that i abused the children, children were returned to me and i have a court order for there return and custody.

the aunt i believe was told she had to sign papers for assist. when children were in her care, but the children were returned before she was approved and could use any of the benefits like medicaid,  she never used and lost food stamp card.

state is claiming that the children were in aunts care from sept 05 to sept 06, sept 06 is not even here yet. why dont they just say sept 07 since this is all basically hear say, they dont have any proof the children were gone for that length of time.


I can prove the length of time the children were with aunt, when children were returned and custody given back to me.  and aunt can state that she never used any assist for children.

I have 10 day to put something together to vacate this order.
I have 15 days to dispute the amount of childsupport the state is seeking. if garnishment begins my children and I will be homeless we are barely making it as it is with no help from the other parent or state assistance.

Question:
1. since the aunt never used any assist. for the children can we write/file some sort of motion to vacate this order based on that fact?

2. If the aunt starts to see's dollars signs and the dept. of revenue acting on her behalf makes fraudulent claims about the length of time
aunt had temp. custody and amount of assistance given to aunt can aunt be penalized/held in contempt for misleading the court?

not soc
Sorry soc
excuse me, dont mean to pry but it has been my experiance to get a court order for everything, and not work with those case workers cause they will and do lie and you'll just end up in court eventually anyways. forget about getting the money back, maybe you should make sure you get credited for the over payment. your case worker should be able to contact your employer and make some type of adjustment. Always remember that the case worker has an interest in collecting the most money they can for the state. just my opinion

state of florida

Greetings soc
                                                                                                 about a year ago
My 2 sons were removed from me on allegations of abuse, placed with aunt on other bio/parents side of family, judge ordered them returned 3 months later.


recieved letter from child support that a hearing was held and child support ordered for me to pay almost 5000.00 to aunt. order says children were with aunt for a year.

aunt didnt appear for court according to court papers i recieved.
and other bio/parent not orered to pay support.

order says other bio/parent resides in south africa, court records show a local address.


Questions:

1.  (any party affected by this order may move to vacate this order by filing a motion to vacate within 10 (ten) days from the entry of this order) what does this mean?


2. if the aunt or i prepared a motion  to vacate for the aunt, will this stop them from from taking this money?

3. if so, and it was you how would you write  a motion to vacate.


4. is it proper for the court to except that the bio/mom live in south africa without proof from the dept of revenue?


thanks you in advance

state of florida


my spouse and I are in process of divorce spouse carried insurance on me and my biological children as well as there own biological children,
spouse dropped me and my children from insurance.


I went to my employer to purcase insurance and was denied because it wasnt a "life changing event" (divorce not final) and was told spouse was not to drop me and the childen while a divorce is not final.


contacted insurance company and was told they would not drop coverage because divorce is not final and especially when children are involved. I was told spouse did this via computer and to tell spouse to add us back on,  the cost is no more than what they are still and have been paying?


spouse says tough luck, and insurance wont give any more details due to hippa law (they say)


also there is a child custody investigation going on concerning one of the children we both had together.


question:

1. should I be filing a motion for the judge to address this?


2. what can I do?


3. is this something the custody investigator should know about?

Greatings socrateaser

state of florida

my spouse and I
puchased a home with mortgage 10yrs ago balance still oweing, spouse #1 left residents 3 years ago and established new residence. now seeking half equity in home, value of home skyrocketed after spouse #1's departure.



question:

1. would departing spouse be intitled to half the equity at it's current value or half the amount at it's value when they left?


2. if homes curent value is for example 400.000 with a remaining mortgage of 50,000 are both responsible for half of the remaining mortgage or is it the spouse who's buying the other out suppose to absorb the remaining mortgage?




Thanks for your opinion in advance

soc.

dependency case is coming to a close safe children coalition supervision will be terminated. Now the DOR is having a hearing for child support of children that were living with relative for about 5 months.

court has jurisdiction and may, upon good cause shoen and without a showing of a substantial change of circumstances, modify, vacate, or set aside  a temporay  support order before or upon entering a final order in a preceeding.   (according to fl statue 742.031 sub (4)(a).                


I want the court to set a child support amount or address this before closing case. DOR doesnt know the circumstances of children and is not concerned for there well-being. this will be two support orders on the same children and the DOR is only holding one parent responsible.    


With no assistance money is tight trying to raise children and my fear is another support order at this time will destroy this family.


question:

1. Can i file a motion with the court to address this issue?



2. If so, should the motion request that the case remain open in the best interest of the children or just file a motion to have this matter addressed?


3. How could this be worded?



thanks in advance


3.  

all most positive mom was present, however i am positive her attorney was there.


1. If the mom was absent that day, and her attorney being present would that be the same as if she was there?


2. I know transcripts can be expensive, how might one request/get the transcripts?

 Just remembered father did try to address the issue of child support and judge refused to here it when children originally placed with him (judges remarks were "I'm not going to get into that") wrote in his final order that "child support was do and bio/mom can pay"


questions:


1.     Would it be likely that the family court where the original final judgement of parternity custody and child support was ordered, will recongnize the juvenile courts changing custody as a change in circumstances. and grant father retroactive support from that date?



2.   Will the judges statement "I'm not going to get into that" and his final order "saying that support is due and the bio/mom can pay" help in getting the childrens retoactive support?

there is no criminal case, it was dropped if father coorperated with cps,
after much negotiation father agreed to take one class- anger management.


Father refused to let 18 year old date his 14 yr old daughter, 18 year old and niece of bio/mom got together and called police to report child abuse when daughter called cousin after being diciplined for staying out late. dicipline was to be discussed the following morning.


bio/mom relative told daughter lies about what discipline would be daughter believed she would be restricted from having contact with cousin.


question:

1.  doesnt the bio/mom have the same obligation to support children?


2.  would the method of calculating support be different w/ the realative verses the bio/mom?


3. would it be based on the relatives income and the bio/father

4. what if the bio/father is just bearly making it and can not support the children and pay support at the same time


5.  would this cause the children to be removed and placed into foster care (bio/mom is missing)

6. should father give custody to one of his relatives so he can work a 2nd job to pay the support? so children will not suffer from this


7. bio/mom relative doesnt want to take children (mad with bio/mom and wanted to hurt bio/father) damage done.


8. children want to remain with bio/father and has explained to bio/father
that they had know idea they were being used


 

soc,

 I wanted to get your opinion on this


bio/father and bio/mom have 3 children never married father payed court ordered support for children. children removed from bio/mom
by juvenile court mom/found to have neglected children, children placed w/bio father, bio/mom never completed case plan for reunification.


court ordered children to remain w/bio father, judge suspended father child support obligation,judge made mention that support was due by bio/mom and she can pay. no amount ordered by judge no amount sought by dept of revenue child enforcment.


years later bio/father accused of child abuse, children placed w/ relative of bio/mom, court reopens original case w/ these new allegations against bio/father, dept of revenue seeking support from bio/father for bio/mom relative. bio/mom did not attend any hearings and again did not complete case plan, bio/father completed case plan in record time and children returned immediately to bio/father.


court wants to close case soon.


1. question: since the court did not open a new case but, chose to reopen the original case against mom with new allegation against father
can the father have the issue of child support addressed because the court failed to seek support for the minor children when in fathers care and now seeks it from father for a relative who has only had children for a few months?



2. why is support ignored when the obligee is bio/mom
and so diligently sought when obligee is bio/father?


3. can an objection to closing the case be filed due to the courts failure to order support from bio/mom, ingnoring her obligation and duty to pay support?


4. could this be argued as a failure by the court having jurisdiction as not
protecting the best interests of the children?




5.If this was you how would you proceed