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Topics - jilly

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1
Don't know how many other people are in NC but thought I'd post this just in case. I found this over the weekend while doing some research.
The guidelines went into effect October 1, 2006.


http://www.nccourts.org/Forms/Documents/981.pdf

 


2
Child Support Issues / Child Support Rant
« on: Aug 18, 2005, 09:03:37 AM »
DH got a form letter in the mail yesterday about his child support.
stating that he is behind in his support payments, last payment they received was on 08/09/05, he is supposed to pay $560.00/month for child support, $25.00/month towards arrears and that his past due support is $626.08.  Well duh!!  He's been in arrears since CS was modified in August 2003.  Modification was filed in May 2003.  As we all know that creates an automatic arrearage.

What's really stupid about the whole thing is: 1) CS and amount for arrears is withheld from his WEEKLY paycheck.  The amounts that are whithheld are EXACTLY what the withholding ORDER states they should be for a weekly pay period and 2) when he was approximately $2K in arrears (due to the retroactive nature of modification) they NEVER bothered him.  Now that he's got it down to where there's light at the end of the tunnel they want to start bitching and demand he pay it in full immediately.  HA!   Needless to say, when DH read this letter he was furious.

And ya know what is even more stupid?  Even if he COULD pay the $626.08 the BM wouldn't get the full amount because he has a PRIOR child support order so ALL child support that comes in is DIVIDED between the two!!  What a bunch of dumbasses.

I suspect that what has happened is: DH now gets bonuses.  The first bonus check he received he didn't actually get because it went to child support.  Seeing the handwriting on the wall they're probably gearing up to take him back for an increase.  Also, the BM is in a custody/CS battle with her ex over their two children.  Things may not be going or may not have gone good there so she's trying to recoup her losses.

I swear...some days I think we just need to find a deserted island where we can't be found to get away from all this bullshit.

3
Child Support Issues / Motion To Modify
« on: Mar 14, 2005, 06:13:46 AM »
State is North Carolina

DH has to be in court this morning because ex filed a motion to modify child support to have additional money paid towards arrears. The Court form has an option of "Other" and that is what was checked along with handwritten wording that ex is asking that amount being paid towards arrears be increased.  CS is paid weekly through income withholding and we recently found out that the court ordered amount to be paid towards arrears was not included on the order for income withholding; just shows the monthly CS along with weekly/biweekly/semimonthly/
monthly payment amounts.

It has been 3 years since CS was modified. Can the Judge, in his discretion, do a total modification of CS even though ex is only asking that the amount to be paid towards arrears be increased?  I'm thinking that's what he'll do.

Anybody else had anything like this happen?

4
Child Support Issues / Motion To Modify
« on: Mar 03, 2005, 03:30:33 PM »
I got home from work today and there was a notice from the Sheriff's Department that they had been by to serve a Motion on my DH.  The Deputy gave his cell phone number and I called him to let him know I was home.  He wasn't able to come back to our house but he told me that it's a Motion to Modify Child Support to Apply Money Towards Arrears.  The alleged amount is $700.00.  He is going to bring it back by our house tomorrow and leave it in the mailbox so I can see exactly what it is and what it says. I know that DH is not that much in arrears to his Ex.
 
Has anybody every been served with this type Motion? I've never heard of or seen one.

5
Lawmaker says he shares homes with 2 women
Monday, January 24, 2005 Posted: 1:37 PM EST (1837 GMT)  
 
MEMPHIS, Tennessee (AP) -- A state lawmaker who heads a committee on child welfare has acknowledged that he lives in separate homes with two women whose children he fathered.

Sen. John Ford testified in a Juvenile Court hearing in November as part of his defense in a child support case over increasing his financial support of another child he fathered with a third woman, The Commercial Appeal newspaper of Memphis reported Sunday.

The Memphis Democrat has tried to make use of a law he authored that keeps court-ordered support lower when a father is financially responsible for other children.

In the hearing, Ford said he lives some days with ex-wife Tamara Mitchell-Ford and the three children they had together. On others, he said, he stays with his longtime girlfriend, Connie Mathews, and their two children.

A follow-up hearing is scheduled for Tuesday.

Ford and Mitchell-Ford went through a bitter divorce in 2002 that led to Mitchell-Ford's jailing after she plowed her car through Mathews' home.

Ford said he pays nearly all bills for both families. They stay in houses he owns and where he also lives, though neither home is in his south Memphis Senate district.

"You have two homes?" court Referee Felicia Hogan asks during the tape recorded hearing. "Well, that's unusual."

"Not necessarily," Ford shot back. "I know people who got five."

Hogan responded: "For child support purposes that's unusual, let me put it that way then."

Ford is battling a lawsuit filed by Dana Smith, who is trying to increase his court-ordered support of their 10-year-old daughter. Smith, a former employee under Ford, won a 1996 sexual harassment verdict against him.

Ford contends that any increase for Smith should be tempered by his financial obligations to his five other minor children. None of those children is subject to child support orders.

In the hearing, Ford argued that all five children live in his household -- a household that encompasses two homes -- and because of that he is exempt from rules requiring strict proof of his financial support of them.

Hogan rejected Ford's request, saying he must produce evidence of bills paid if he wants credit to lessen any modification of Smith's child support.

Mitchell-Ford told The Commercial Appeal last week that she can verify at least some of Ford's contentions. She said she is six months pregnant, and the father, she said, is John Ford, now 62.

"John is over here every single day, if not staying here," she said.

Ford did not respond to messages left at his Nashville and Memphis offices. Mathews could not be reached.

6
DH has 2 children (7 y/o daughter from previous marriage and 4 y/o son from prior relationship).  I found out today BM of his son has filed a Complaint against her ex for custody and child support.  CS was modified in August 2003 and since DH pays CS for SD the Court "credited" him that amount when determining CS. Not that it did much good. He still pays $585/mo for 4 y/o.

My question is:  when CS order is entered for BM from her ex, can DH file for a modification to (hopefully) get his CS reduced?  Will the Court give her "credit" for the amount of CS she is receiving from her ex, in which case it may increase DH's CS and we'd be better off leaving it alone?

We are in NC.  The CSO between BM and my DH is a prior support order so this may be in her ex's favor when it comes time to determining the amount of CS he pays.  That is how DH was able to get his CS for SD "credited"...because it was a prior support order.

BM of 4/o and her ex have two children together, plus she just had another child in April 2004.  I don't think her ex is the father of this child. Situation with BM of 4 y/o and her ex is really strange.  They got married and a two kids later got divorced. For a time she had to pay him CS but they got back together and he dropped it. Apparently, their pattern was they'd live together for a while, she'd get a wild hair or something and they'd "break up".  She'd get tired of the "high life" and go back to her ex.  It was during one of these "break up" periods that she and DH had their brief relationship, which resulted in the birth of his son.  It wasn't until she found out I was pregnant with our daughter that she went after him for CS.  Imagine that! LOL  I also know that prior to their divorce in 1999, she had a DV order issued against her ex.  This was later dropped. In November of last year, I had a window of opportunity to go to the courthouse to use the computers there to do a search BM for civil actions. Lo and behold another DV order had been issued against her ex the first of November.  There was also a pending motion to return weapon confiscated due to DV order.  I was off work today and went to the courthouse to use the computers again to see if anything had happened since November.  That's when I found out that she had filed a complaint middle of December for custody and CS.

Do you ever wonder how we get ourselves mixed up with these men and their babymamadrama??!!! LOL


7
Child Support Issues / Help! Quick!
« on: Dec 17, 2004, 07:51:41 AM »
Has anyone ever filed a Motion to Dismiss for Improper Service?  If you have please post it for me and the procedure to follow!!


Sheriff served Order to Appear and Show cause for Failure to Comply with Support Order and Order to Produce Records and Licenses last night. Court date is Monday, December 20 at 9:30 a.m.  DH and I weren't home.  DH's Uncle was there babysitting and he accepted service.  Under N.C.G.S Rule 4 (j)(1)a. Process - Manner of service to exercise personal jurisdiciton. In any action commenced in a court of this State having jurisdcition of the subject matter and grounds for personal jurisdiction as provided in G.S. 1-75.4, the manne rof service of process within or without the State shall be as follows: (1) Natural Person. -- Except as provided in subsection (2) below, upon a natural person: a. By delivering a copy of the summons and of the complaint to him or by leaving copies thereof at the defendant's dwelling house orusual placeof abode with some person of suitable age and discretion then RESIDING therein; or......

DH's Uncle does NOT reside with us so therefore service was improper and not effected.


Thanks!!

8
Who knew he could be so intelligent??!! LOL

==============================================

P. Diddy: Child support lawsuit really about 'adult support'
 
By NEKESA MUMBI MOODY
ASSOCIATED PRESS
 
 
NEW YORK, Sept. 9 — The baby mama drama just won't stop for P. Diddy.
The mogul also known as Sean Combs says he's hurt that the mother of his first child has gone to court to increase his child support payments, claiming that ''it's ridiculous to think any of my kids would want for anything.''  
 
Combs called The Associated Press on Thursday night to talk about the legal action filed against him by Misa Hylton-Brim, the mother of their 10-year-old son, Justin.  ''We've had a great relationship, and then all of the sudden I got hit with a lawsuit for more money,'' he said.

In August, a Westchester County magistrate ordered Combs to increase his child support from a reported $5,000 per month to about $35,000. That's the same amount he pays to model Kim Porter, the mother of his second child, Christian. Combs and Porter are currently ''together.''

Hylton-Brim is a fashion stylist for Lil' Kim and other stars. A message left for her attorney after hours was not immediately returned. But Combs said he has always paid her more than $5,000 per month, a figure he says the pair agreed to years earlier. Combs said he has paid for his son's schooling, medical care, clothes and anything else his child wanted.

''My son goes to the best schools, he has full-time tutors,'' he said — not to mention the restaurants he named after the boy. ''I wouldn't know what else to do to give my son.''  Combs, who is appealing the $35,000-per-month ruling, claims Hylton-Brim is only seeking more money because she's in the process of getting a divorce from her husband, with whom she has children.

''It's not about child support, it's about adult support,'' he said. ''I love the mother of my first child. I would never want to do anything to hurt her, but I have to defend the kind of father that I am.''

At one point, when Porter and Combs were not together, she also went to court to raise her child support payments, which at the time were a court-ordered $11,000 per month.

Is Hylton-Brim seeking parity with Porter?

''The fact is,'' Combs said, ''that the mother of my first child gets more money than the mother of my second child.''

Although Combs likened Hylton-Brim's case to extortion, he said he had no ill feelings against her.

''I'm always going to respect her for being the mother of my child,'' he said, ''but at the same time, that don't mean she has to be right.''

9
Ok...I'm so mad steam is coming out of my ears! x(
I just called NCCSE to see what needs to be done to pay current amount owed along with regular payment. The response I got? They can't give me that information!! They either need to talk to DH or he needs to be on the phone with me!!! How freakin idiotic is that??!! It's not like it's confidential information!! All I want to do is send them a freakin payment!!! GRRRRRRRRRRRRRRRRRRR

Ok...with that off my chest...LOL...is there anybody in North Carolina that can answer this question?  Through the automated system I was able to ascertain current support owed is $29.67.  Past due support owed is $,1,278.79 (due to modification last year). His weekly CS payment is $135.00.  Do I write a check for $164.67 or do I write two separate checks?

If anybody else has done this please let me know what you did! Thanks!


P.S. Do you think DH will get in trouble because I told the lady on the phone that this was the most idiotic thing I've ever heard and that the State sucks??!!!

10
DH will be starting a new job in two weeks. He has 2 child support orders (2 different children in 2 different counties) and has voluntary income withholding to pay CS.  He carries medical insurance on only 1 of the children.
For the first 3 months of employment at his new job he will be working through an agency and at the end of that 3 months will go on his new employer's payroll. I know that his current employer will have to notify CSE that he is no longer employed with their company and that when he becomes an actual employee for his new employer they will have to send a New Hire Notice to CSE.
I believe that during the 3 month interval DH will have to make payments directly to CSE.  Has anybody else had a similar situation? Will CSE send DH a letter once they get notice from his current employer regarding paying his CS? Did a brief change in how payments were made cause any problems as far as CSE not crediting the payments?
WIth regards to the medical insurance, DH is going to have coverage from day 1 through the agency. However, when he becomes an employee at his new job there may be a lapse of coverage of 60 to 90 days. I think the time frame depends on his actual start date. DH is going to maintain the medical insurance with the agency through COBRA. This is going to be at a cost of $200.00+ a month. Quiet frankly, I don't think our budget can afford that.
I have talked to HR where I work and have been told that you have 60 days in which to enroll in COBRA.  As long as noone goes to the doctor during that time you could probably skate by.  But, if you go to the doctor and then sign up for COBRA it's retroactive and you have to pay out the ying yang.
DH and I discussed this last night and I told him that he would just have to e-mail BM and let her know what the situation is and not to take son to the doctor during that time. He has decided not to tell BM that he's changing jobs. I understand why he doesn't want to tell her, but she's going to find out sooner or later anyway because he's going to have to give her the new insurance information (from the agency) and then have to give her the insurance information for his new employer when he becomes eligible.
Has anybody else been through this situation? Is DH right that it's better to let sleeping dogs lay for now?  The way I see it, if she's going to file for modification of the CSO based on change of employer she's going to do it. True, it will be put off a little bit longer, but it will still happen. For that matter, his ex could do the same thing when she finds out he's changing jobs.
ARRRGGGHHHH...sometimes all this stuff is aggravating!
Thanks for any advice/suggestions.

Jill

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