Topics

Background:

In Texas.

Girl & guy dating for two years & is a tumultuous relationship. She finds out she is pregnant & he essentially ceased all contact with her once she tells him.

Girl has baby & accumulates over $1,600 in medical bills during pregnancy (high-risk pregnancy, complicated delivery, c-section, etc.)

She files for child support two weeks after baby is born.

Questions:

1. Who pays for the maternity bills?

2. Does Texas law allow for additional child support to help with the incredible expense of child care so that mom can return to work. Child care is $205 per week$820 per month / . Estimated child support (based on Texas guideline of 20% of NCP income) would only be $650 per month. This amount would not cover 1/2 of total monthly expenses for child.

Also posted on Soc's board:

1.  Non custodial mom is about $8,000 in child support arrears
2.  She was recently put on probation by the Court in effort to enforce cs order
3.  NC mom has been paying consistently for about 2 months now.
4.  We just found out that NC mom has about $2,000 in unclaimed funds, being held by the State of Texas (was reported in 2000) from an insurance settlement.  She is not aware of this.
5.  State of Texas claims to intercede Federal & State funds owed to the ncp, if they are over $5,000 behind in child support to offset the arrears.

Question:

Does anyone know, or have had experience, of funds being intercepted and forwarded to custodial parent?  If we knew the money would be forwarded to us, we'd like to notify the nc mom & help her lower her arrears.  (Plus we really need the money!!)

All parties reside in Texas. DH is custodial parent.

NCP is about $7,000 in child support arrears.  She has been paying consistently for the past 7 months.

Property lien has been placed against NCP by the Texas Attorney General.

NCP unknowingly has unclaimed property, totally $1,950, that was escheated to the State of Texas in 2000 & is now being held by the state's Comptroller's office.

We have inquired about having these funds intercepted to offset NCP's arrears, and TX A.G. says it probably will be intercepted if NCP tries to claim the funds, but Texas Comptroller's office says that they only intercept if there is a tax lien, though she couldn't explain the difference.  She appeared confused, and finally told me to speak to an attorney.

Questions:

1.  Is it legally possible to intercept these unclaimed funds to offset the NCP's child support arrears?

2.  If so, how?

Facts:

1.  Jurisdiction is in Texas; all parties reside in Texas
2.  Non custodial mom is about $8,000 in child support arrears
3.  February 9, 2004: Enforcement Hearing / Result: She was put on five year probation by the Court in effort to enforce cs order
3.  NC mom has been paying consistently for about 2 months now.
4.  We just found out that NC mom has about $2,000 in unclaimed funds, being held by the State of Texas (was reported in 2000) from an insurance settlement.  She is not aware of this.
5.  State of Texas claims to intercede Federal & State funds owed to the ncp, if they are over $5,000 behind in child support to offset the arrears.

Questions:

1.  If a claim was filed by the ncp to obtain these funds, would the state intercept & forward funds to offset cs arrears & issue payment to cp?

2.  If not, is there anything the cp can possibly do to intercept (like file a lien against the ncp)

I used to be a faithful poster some years ago on this site.

S.P.A.R.C. was instrumental in helping me help my now ex-DH get custody of his two girls. It was an 8 year journey with many valleys and many peaks...

As a second wife who gave and sacrificed entirely too much in the whole ordeal, I have to say that I finally had to walk away. DH had given too little, I had given too much & neither of could fix it.  However, it was a very amicable divorce and I still maintain contact with my ex and the girls. We had no children together. I have one adult son from a former relationship.

I have moved on, and am now dating another divorced man who has joint custody of his daughter. His exwife has two other children from a previous marriage. My bf has been divorced 2 years, married 8, during which time he bonded with her other two children.

My question is this...

He takes all the children during his periods of possession, and the ex manipulates his attachment for them by threatening to cease visitation with the stepkids in order to get what she wants (more money, bailing her out of sticky situations, etc.)

He seems to go along with this. Of course it drives me nuts.  Am I being selfish? Alarms are going off in my head.

I just can't do this again...

I completed changed my original post & didn't mean to!

DH has custody of his girls.  BM get standard eow, etc. visitation.  Things have been going okay until recently, when we found out that BM is severly jeaprodizing the well-being of the kids.  Attempted suicide in front of them, smokes pot in front of them.  She just got out of the hospital for od'ing on xanax.  She wants to sign over all her rights to us, but we don't want that.

I heard that something new passed in Texas that if both parties agree to something & submit a signed agreement to the court, then the agreement is upheld by the court.

We just want to be able to have control over visitation, so that something like this NEVER happens again.  Can someone look this over & tell me what you think???

Thanks for your help!!!!!!!!!!!

GALVESTON COUNTY FAMILY COURT

In re the Children of:
DH (CUSTODIAL PARENT),
                                Custodial Parent,
   and
BM (Non Custodial Parent),
      Non-custodial Parent   

Case No.: XXFDXXXX

Mutual Agreement to Modify Existing Court Order

Due to recent and ongoing circumstances, the parties, DH (CUSTODIAL PARENT), and BM (NON CUSTODIAL PARENT), have mutually agreed that the following modifications to Case No. XXXXX are in the best interest of their children CHILD A, a minor child, and CHILD B, also a minor child:

1.   That DH (CUSTODIAL PARENT) shall at no time prevent BM (NON CUSTODIAL PARENT) from seeing the children when BM (NON CUSTODIAL PARENT) is physically able to care for them.

2.   That BM (NON CUSTODIAL PARENT) shall notify DH (CUSTODIAL PARENT) in the event she is unable to care for the children.

3.   That DH (CUSTODIAL PARENT) shall at all times foster and encourage a relationship between BM (NON CUSTODIAL PARENT) and the children, by allowing phone contact with the children, visitation when appropriate, and mutual communication between the children and BM (NON CUSTODIAL PARENT).

4.   That DH (CUSTODIAL PARENT) shall have the exclusive right to determine visitation possession by BM (NON CUSTODIAL PARENT).

5.   That BM (NON CUSTODIAL PARENT) and DH (CUSTODIAL PARENT) can revoke or modify this agreement at any time by mutual and signed consent.


Dated this ________ day of ________________, 2005


(Signature Lines)

Sometimes there is hope...

Father finally wins custody of daughter
By Rachel Hunter
The Daily News
Published October 31, 2004
TExAS CITY — "You can take your daughter home."

Those were the six words Joe Culpepper had been waiting to hear from the state of Colorado for nearly four years.

The 25-year-old single father lost custody of his daughter, Meagan, to Colorado social services after a visit with the girl's mother erupted into a conflict that put both parents behind bars.

Saturday, after years of court hearings, dashed hopes and missed birthdays, the Texas father was reunited with his daughter, and he brought her home to Galveston County.

"My daughter is my life," Culpepper said. "I could never give up on her. I love her, and I'm determined to get her back."

Meagan was born to Joe Culpepper and Mystina Turner on March 15, 1999. The unmarried couple lived together in Galveston County, and despite their often turbulent relationship, the two raised their daughter together.

By September 2000, however, the relationship had ended and Culpepper was awarded temporary custody of Meagan with a restraining order preventing Turner from taking her away from her father.

Soon after, Turner moved to Colorado where her grandmother gave her a place to live and a job at the nursing home she managed. According to Culpepper, he and Turner often spoke on the phone about their daughter and in November of 2000, he agreed to take Meagan to visit Turner for Thanksgiving.

"I took the custody papers to my lawyer and asked if there was anything Mystina could do to get Meagan if I took her to Colorado," Culpepper said.

"I was told as long as I had the papers, there was absolutely nothing she could do. Everyone — my friends, my family — they all told me not to go, but I am the kind of guy that is always worried about doing the right thing. I grew up with both of my parents, and I thought at least I can let Meagan know her mom."

Two days after arriving in Colorado, Culpepper and Turner argued. Court records indicate that Turner and her grandmother placed three calls to police departments in two counties.

When police arrived both parents were arrested — Culpepper for yelling in the hallways of the nursing home where Turner worked and Turner for slashing Culpepper's tires and falsely accusing him of stealing $600 from her.

Turner later pleaded guilty to criminal mischief and was sentenced to probation.

With both of her parents behind bars, 20-month-old Meagan was taken by Colorado social services in Weld County. Three days later, Culpepper was released from jail and went to pick up his daughter.

Social services informed Culpepper he'd have to complete anger management and parenting classes and pass weekly drug tests before they'd give him Meagan.

Culpepper drove back to Texas without his daughter. During the next few months, Culpepper said, he did everything Colorado social services demanded, and almost every other weekend he traveled 1,200 miles from Galveston County to Colorado to see Meagan for 45 minutes while a caseworker watched.

"They treated me like a child molester or a murderer. ... I don't even have a record," said Culpepper. "I did everything they told me to do. I did the classes and passed all of my drug tests, but they still wouldn't give her to me."

On Jan. 12, 2001, Colorado gave Meagan to her mother. Two months later, Turner returned her to social services.

In an interview with the Denver Post, Turner said she was suffering from untreated depression, the trauma of separation from Culpepper and the parenting demands imposed by a county caseworker.

"When I found out (Meagan was back with social services), I pleaded to get her back," Culpepper said. "A caseworker told me, 'The goal to achieve here is to either send her with relatives or adopt her out.' I kept asking the lady what I'd have to do to get my daughter back and she said that the state of Colorado was not going to send Meagan back to Texas. I told her that it is where she was born and where she lives and the lady said, 'But Colorado has her now.'"

For about two months, Culpepper moved to Colorado, where he lived in his truck and worked as a mechanic. Social services continued to deny him custody of Meagan, who by that time was living with foster parents.

In 2002, Culpepper's and Turner's parental rights were terminated by the county that initially took Meagan. Culpepper challenged the termination of his parental rights. Turner did not.

Culpepper moved back to Texas and he was not permitted to see his daughter for two and a half years while his case was under appeal. The foster parents that had raised Meagan since 2001 did allow Culpepper to call and write. But eventually, he said, that stopped.

"They asked me to not call as much, and I respected that because they really didn't have to let me talk to my daughter at all," said Culpepper. "I had stuff being filed almost every day, and I think they started to realize I wasn't going to give up. That's when they cut off contact. They wanted to adopt her."

Culpepper's case went before the Colorado Court of Appeals this year. The appeals court ruled that social services had erroneously taken custody of Meagan and concluded the restraining order in Texas remained in effect and constituted a "custody determination" concerning Meagan.

"This error was clearly not harmless," the justices wrote, because it denied Culpepper "the opportunity to litigate custody issues in the child's home state of Texas. Accordingly, we reverse the judgment terminating the father's parental rights."

Despite the court's ruling, Culpepper was not allowed to take Meagan home. The case was remanded back to the lower courts and an order was filed to keep Meagan in Colorado.

Once again, Culpepper returned to Texas without his daughter, who was 5.

"By that point, I was used to getting my hopes up and being let down," he said.

Culpepper hired an attorney in Texas and filed to reopen the custody case there.

This month the county court in Colorado acknowledged it did not have jurisdiction, and Culpepper finally heard what he'd waited almost four years to hear — he could take Meagan home.

"From the beginning, I told (the courts) that they might as well give me my daughter because I'd never give up," Culpepper said. "I told them I'd fight them until the day I die, and I would have. I lost almost five years of my daughter's life, the most important years, but now every weekend is going to be an adventure."

Saturday, Culpepper boarded a plane in Colorado with his daughter and came home to Galveston County.

It is not clear where the father and daughter go from here, but as for his immediate plans, Culpepper said he is looking forward to taking Meagan to Disney World and just spending time with her.

"It has been like a nightmare, and I'm just looking forward to having her home with my family," he said. "I'll tell you one thing: I will never go back to Colorado for the rest of my life, and if I ever do, my daughter will not be going with me."

If you'd like to read all the articles, you can find them at: //www.galvnews.com

If you'd like to send the newspaper a letter, commenting on this tragedy, you can email the newspaper at: [email protected].

The media needs to know that this is a very important issue.


****************
Slain doctor was a 'great guy'

By Carolina Amengual
The Daily News

Published September 01, 2004

GALVESTON — At the University of Texas Medical Branch, colleagues of slain physician Rick Lohstroh are struggling to cope with his death.

"Had he been in a car wreck and got killed, we could accept that because that's part of everyday risks. But for this to happen the way it happened, it was absolutely tragic," said Dr. Russell Miller, an associate professor of surgery.

Lohstroh, 41, a Friendswood resident who worked as an emergency room doctor at the island hospital since 1992, died Friday of multiple gunshot wounds.

His 10-year-old son, a fifth-grader at Windsong Intermediate in the Friendswood Independent School District, remains in juvenile custody while prosecutors consider whether they will file charges.

The boy's name has not been released because he is a minor. A hearing in connection with the shooting was set for Sept. 13.

According to a Harris County Sheriff's Department report, the boy fatally shot his dad Friday afternoon when Lohstroh arrived at his ex-wife's house in Katy to pick him and his 7-year-old brother up.

Deborah Geisler, the children's mother, said she kept the gun locked and unloaded.

Lohstroh and Geisler, who has since remarried, finalized a tumultuous divorce last year that included allegations of physical and sexual abuse of the older son. The pair had joint custody of their children.

Kathleen Collins, his divorce lawyer, said the abuse allegations were not true.

"This is the worst case of parental alienation I've seen in 12 years of practicing law," Collins said. "This custody battle was waged at the lowest level by Deborah Geisler. There isn't a judge I know of who's going to approve and grant joint custody in any situation where the judge believes there's credible evidence of sexual abuse."

Lohstroh's colleagues and acquaintances are as adamant as Collins.

"None of the things he's accused of are true," Miller said, adding Lohstroh loved his children "more than life itself."

When Lohstroh left the home he shared with Geisler in January 2002, he moved into Miller's place for four months.

"We spent a lot of time talking about life and the ordeal he was going through with his wife," Miller said. "He felt like his wife was deliberately trying to put obstacles to prevent him from seeing his children."

Geisler has told the media the children did not want to be with their father. The 10-year-old, she has said, was upset with Lohstroh. He was diagnosed in early August with depression and anxiety and was taking Prozac, she has said.

The boy started with a 10-milligram dose and gradually moved to higher doses.

Chris Tritico, the boy's attorney, has said he would look into the role the antidepressant could have played.

Those who saw Lohstroh interacting with his kids during occasional visits to his office said they appeared to have a healthy relationship.

"They seemed just like happy young men," said Dr. Paul England, associate professor of emergency medicine.

At the hospital, the mood Tuesday was somber. Doctors and nurses have hung a wreath in the lobby of the emergency room in Lohstroh's honor. They've cried for four days, some said.

"He was an outstanding physician and a great guy," England said. "He was always willing to help other colleagues, and he cared deeply about his patients. It's hard to come to work and not see Rick around the corner. There's a huge hole."

Funeral services will be held at 3 p.m. today at the Friendswood Community Church, 2821 W. Parkwood Ave.

+++

The Associated Press contributed to this report.

Hello all!

It's been a while since I've posted, though I still lurk around quite a bit.  

Hope all is well with everyone.

I have a quick question that I'm asking on behalf of another poster who's contacted me through this site.

Is anyone familiar with a group in Texas who call themselves "Texas Fathers"?  They have chapters in Dallas, Houston & possibly Austin.

I would hate for this dad to waste his time with a group that is counter-productive.