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Topics - 23ncp

#1
I have an attorney (who I highly suspect is a bad apple who plays both side of my case) that is refusing to withdraw as my attorney of record.

For tactical reasons beyond the scope of this post, I think the attorney wants to be the one served papers not me.

If I am too harsh with this attorney, I am confident that he will sabotage my case even more than he already has.

I have put in a complaint with the bar on the attorney in the past to no avail (of course). The only thing that accomplished was him withdrawing as attorney of record.

Shame on me, I went with this creep again. The interesting thing is, this attorney never wants to talk to me, is always too busy, raises his voice at me for no reason.....but is adimate to remain attorney of record.

What on earth do I do to gently get this guy off my case?

Thanks!
#2
I have posted in the past and have had every day of 18 years to think of my next move. In summary, CP was able to grease a psychiatrist (yes you read that correctly he sees a psychiatrist in part for COUNSELING not a psychologist) into asserting a diagnosis that my child is mentally ill. My hypothesis is that this was done so CP can collect child support as long as possible....perhaps even for life. The child is already on a 504 plan in a very progressive area of the country.

The child is now failing their junior year and I speculate that the child will be left back. According to the order:

Child support continues until the age of 18, however if the child is over 18 enrolled in high school full-time and expected to graduate by the age of 19, support for that child shall continue until high school graduation or the age of 19, whichever comes first.

The child will turn 18 this year in September. I suspect that the mental illness card will be pulled right after child fails their junior year and CP will file a motion to modify child support post majority based upon child's mental illness.

I have no access to my child even though I have "shared parental responsibility". The child has been convinced that I am bad and the judge will not force the child to see me.

I have to be discrete in any effort to prove that my child is off having a good old time while racketeering with the CP.

However if I blow my cover the CP will surely take action of some sort against me. CP essentially advised me to stand down or CP would make my life a living hell. Even the lawyers agree that I should shut up and do exactly what CP says.

When my child was first diagnosed as "mentally ill" a few years ago and was sent to the hospital a few years ago, I spoke with the admitting psychologist at that time who was very adamant that the mental illness situation was essentially fraud by the CP. I was so overwhelmed with the situation at the time that I didn't take good notes. I was thinking of reaching out to that person again, but they are unlikely to remember our conversation and may develop amnesia if they suspect that I am using their words as a testimony. Would you reach out to that person? I am 1000 miles away from that area. That person is more than likely no longer working there. I DO have all of the medical records for that incident and do have that person's name. EDIT: On second thought, I don't want to give CP any ideas on post majority support if this is not what is on their mind....but I have been VERY accurate in every predicition of my case....right down to never seeing my child again. Everyone thought that I was nuts, even my counselor at the time did when I told him that I only wanted counseling because I knew that I'd never see my child again and simply wanted to shut the rest out and learn to cope with that.

Also, I am surprised that no lawyer I have ever spoken with has brought up the idea of using a private investigator as a proactive measure in this case. Everyone in the system seems so beat down and helpless including the lawyers.

Might you hire a PI to see if the child is working/driving...doing things that some normal 17 year olds do? If I try to get child's driver's license....the State will surely send the record back to the CP "accidentally" thereby irritating the CP into taking action against me.

I have 3 different attorneys (even my phone attorney who specializes in Family Law) telling me stand down and don't do a thing. Just see what happens.

Any speaking with the child's teachers results in a tattle tale situation and is very dangerous to my case. I can see my child's grades (nearly straight F's in the last quarter), but all the child has to do is change the password and it's game over until I jump through 50 hoops to regain access as usual.

By the way, the initial alleged diagnosis of mental illness was supposedly due to induction of drug use. Someone at my job asked me if post majority child support could be awarded if the situation was self-induced. I like the idea, but in the world of "family" law, I bet how it allegedly happened is meaningless. By the way, his diagnosis is "severe anxiety", but that I am confident (even my lawyers are confident) that could be changed at the drop of a hat.

Any idea whether an alleged mental illness which was self induced can be used as a defense to post majority child support?

Thanks.

#3
I don't talk to the CP and the CP threatens to take me to court if I ask anything at all. I am concerned, because after my child turns 18, I don't think that I'll legally have access to the child's grades even though I have "shared parental responsibility"....what a term!

I am thousands of miles away from the child. I have no guarantee that they will even attend a graduation ceremony, so that might not even be public information.

I have no access to child, not a word in a long time.

Any ideas?

Thanks.
#4
I am trying to build a defense against something I figure that CP may be trying to do. I'd like to know if any law e.g. FERPA gives me the right to private teleconferences with the teacher. I'd also like access to my child's driving record...but I am afraid that the DMV will send the information to CP's house blowing my case.

Everytime I call the school, they notify CP as if I am an alien.....but the sky has fallen for years on end at the school concerning my child and I am never notified.

Any ideas on being discrete? I'd hate to ask them to be discrete and then have them tell the CP.

I have so called "shared parental responsibility", but the CP threatens to take me to court if I do anything against their wishes and the judge is always on CP's side.

I am thousands of miles away from that State's DMV and child's school. This must be done telephonically. The principal is super nasty with me.

Thanks for any advice!

#5
He has remained amazingly silent from what I can see.....like most presidents.
The only positive that I can see is that he did not repeal Obama's law on immunizing non custodial parents who are in jail from establishing additional arrears.

As if that was a big deal anyway. Analogous to the taste of a saltine cracker after a week without eating.

Just curious.
#6
For what it is worth (pretty much worthless if you ask me), I have shared parental responsibility.

Every time I request medical records for my child, whatever doctor I request them from goes crying to the CP notifying them of my request even when they already have all of the information they need to proceed.

Same thing happens when I contact the school.

I often tell whoever I speak too that my request is private and they do not have the right to tell the other parent. This seems to work, but doesn't have teeth. I thought I remember a letter on this site (FERPA related) where I let whomever I am speaking to that they do not have the right to notify the other parent....but wasn't sure if this right was founded by law and where to find said laws.

This might help in the future.

Thanks
#7
I am in a situation where the judge has effectively ordered that I will not see my child again.

I still have about 3 years of child support to pay. I'd like to live outside of the USA since I have no real family ties here even though I was born here.

I have the lawful right to immigrate outside of the USA (won't get into specifics for privacy reasons) and I'd like to do so while continuing to pay court ordered child support.

I'd like to know what can happen to me if I live abroad (within a reciprocating child support country) and do not return to the USA while continuing to pay court ordered child support under the below circumstance.

Say I leave the USA and continue to pay the court ordered child support but at some point in time I am ordered to pay *more* child support via imputation, sewer service, or any other reason that my child support might be upward modified *after leaving the USA* . I am unemployed, but I am preparing for the worst.

Example:

I continue to make the current court ordered child support payments and then leave the USA.

6 months later, CP decides that they want more money (I understand that there is a need for substantial change of circumstances), but lets say for talking sake CP is able to get more.

A few attorneys that I have spoken with have said that I have nothing to worry about as long as I do not come back to the USA and I am never *served* an Order which modifies child support upward.

I tend to disagree. I can be served by publication or sewer service IMO.

I am also wondering if an upward modification and all consequences could be imposed upon me in my new country if I were never served in the USA.

BTW, there is nothing in my court order that specifies that I must tell the court where I have moved to.

Since this is the child support forum, please stay on topic. The idea of whether or not my child's ability to see me if I do "x" is not relevant.

Thanks for any info.

#8
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



#9
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.