Messages

A couple of dollars each week = $104 dollars per year of MY money in someone else's pocket because of HER BS.

I paid faithfully. Had all the cancelled checks with her signature on the back to prove it. She filed false charges. What did the court do? NOTHING. She filed FALSE charges against me asking that I be JAILED. Let's think about how many laws SHE violated.

It's not a bureaucrat deciding, it's what should be done. Period. It is another piece of the sick puzzle that makes it so hard for things to be right for all involved and most importantly, the children who are victimized by these hostile CP's.

Will there ever be justice in the courts for NCP's who are abused by the hostile CP's who use the courts to exact their revenge?

You and I see this from different angles. It is the principle of the matter. Wrong is wrong. AND wrong is being upheld as right.

Can I do anything about it? Hell no. My solution? Let it go and look to the day when this is DONE which isn't too far off.

In my state, the employer can charge $2.00 per pay period for administrative costs associated with the garnishment. Working in a company where it is my job to watch the bottom line, I feel this is fair to my company as we do incur costs in the process.

However, as a payee too, it grinds on me to pay this fee when I was the one who requested the CS go through CSE because of my ex's false claims I was not paying. I wanted rock solid proof that I was paying. My ex has not filed any false claims since I took this action.

So, I feel the fees should be assessed on a case by case basis. If the CP has to go through CSE to get the money paid, then the NCP should have to pay the fees. If it is a case like mine, I believe the fees should be assessed against the CP and deducted from the CS payments.

JMHO

If you cannot afford an attorney, call the clerks office at the court where your order holds jurisdiction and ask them what forms need to be completed to get a hearing scheduled to cancel the CS for this child.

You can file on your own. It will take a little time to get it moving. Do you pay the mother the CS directly, or does it get collected via a CSE office that then pays it out to her?

If you pay her directly, take the portion you are currently paying for the child and pay him. Get your termination paperwork on file asap so this doesn't bite you in the butt. That kid needs money to live.

It would be better to use an attorney to move it as quickly as possible, but as I said, you can file on  your own if you can't afford one.

My son did essentially the same thing. Came to live with me in Jan/Feb of his senior year. Actually, I lived in another state. He transferred schools, but I spoke with principals at both schools (also guidance counselors) and arranged for him to be able to finish out his senior year at the high school in my area, but he was able to graduate and "walk" with his classmates in his graduation ceremonies at his "home" school in the other state.

One of the kickers for us too was that the graduation requirements in my state were higher then in his state. Even though he had more then enough credits to graduate in my state, they were in the wrong subject areas. Had he fully transferred to my area high school, he would have had to attend another full year to get the required credits.

I think if you and him (since he is 18 - he doesn't need parental permission anymore), speak to all parties involved, you may be able to do the same thing.

check it out. Also, if the kid is not living with mom, then you need to file to have CS terminated asap. Then any support you provide to him on  your own is from your heart and not from a court order. He will probably appreciate it a lot more I am sure!

Good luck.

Yeah. I know. Still sucks.

I don't understand how people can live like that and live with theirselves. I wouldn't be able to.

There are no laws regulating how the CP can use CS and there are accountability requirements. I disagree with this 100% however, I don't believe there will be any changes in this anytime soon.

HOWEVER, if she is receiving public assistance, another issue comes to light. The kids don't need medical assistance. She most likely has not informed DSS that they have health insurance through dad's court order. They may be interested in knowing this.

Also, they SHOULD know that she is getting CS and how much, meaning they should have a copy of the order or be communicating with CSE.

It is beyond me how these agencies cannot communicate!

How does she explain the BF? We all know a lot of people are on welfare living with someone so it must be easy to get around. However, I would definitely let DSS know the kids have health insurance and the medical assistance is being used as a secondary insurance. I don't think that is what it is intended for. JMHO

Pisses me off - our taxes paying for this crap!

This is what I said many posts ago.

You are correct, they should be filing federal and state claiming the kids for the same year and just switch off if they want to. THAT is why IRS Form #: 8332 exists.

He needs to go ahead and file with the deduction as he is allowed to. BECAUSE he doesn't have any proof of her contempt until the IRS rejects his returns based on the kids already being claimed on another return. When he gets that documentation, that is his proof and he can file a show cause/contempt and go to court over it. When the court rules in his favor (assuming he is correct in his interpetation of the order), he can then file amended returns.

This is no biggie. Proceed on. File your taxes Chardog. The sooner the better. If you get hit with a tax bill, interest, and penelties, in your filing ask that SHE be ordered to pay all of your costs associated with this BS including these.

I don't understand why there is so  much difficulty when the situation seems to be clearly cut and dry.

Court orders are court orders. If it doesn't say so in the court order, then anything goes!

Just file the taxes and go from there. You won't know until you do it.

Can be cashed at any time now. New law went into effect a few years ago. Actual date does not matter.

However, in my state the number of nights is calculated to determine the percentage of responsibility each parent owes for the CS. So, in my case # of nights equals sole custody worksheet. My income is higher then BM's so her percentage of responsiblity couples with the nights factored in is lower than mine.

CS calculations are a messed up system. I have found that the calcuations really don't mean a lot except as a guideline to begin negotiations. If you can't settle on an amount out of court, then the Judge will decide and I am sure how they feel that day affects the decisions.

The last time I was in for a hearing where CS was supposed to be one of the factors heard, the Judge ACTUALLY asked me if I wanted it raised or lowered. I said I want it to be CORRECT because it was not figured correctly 5 years ago. I want it to be what it is supposed to be. He said "You probably don't want me to decide on this then" and put off the final decision which STILL hasn't been resolved 8 months later!!!

It is unreal how such a simple situation has been twisted to meet whatever needs fit the bill for the moment. Poor kids that are the ones who are losing in the end.

If you have an attorney Gemini, I'd see about file a motion for a protective order from frivilous filings. AND ask in all of your filings that she be ordered to reimburse you your attorney fees and if you are pro-se - your court costs in the least.

But you see, you aren't late. Nothing you are doing is affecting the ability to take care of the children. You are consistently paying on a regular basis.

I think it is a wonderful idea to send the checks certified so you have your proof that you sent them.

I say keep silent on this issue. Let her go into court and say she doesn't have the ability to properly care for the children while blaming you the whole time and you come behind that with your supporting documentation that you have every ability to properly care for the children and do so every month. Maybe this will support a finding in which you get more custodial control with the kids. Wouldn't that be a hoot?

I am amazed I hit the nail on the head with the DCSE thing.

She is blowing smoke. Don't let her prode you into the reaction she's hoping for.

Did she bring the motion again this time? Sounds like she is abusing the system if so.