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Messages - patton

#251
Father's Issues / RE: Federal Funding Involved
Feb 06, 2004, 12:34:47 PM
 Federal funding to states for the administration of child suport enforecement activites is contingent on teh approval of state plan for child lsupport.  As a condition for having their plans approved states must establish quidelines for determining child support award amounts.

To receive federal funds for child support enforcement activities, states must have an approved state plan for child support, including quidelines governing awards (45 C.F.R.  301.10, 15, 302.56) Enforcement activities include but are not limited to locating non-custodial parents, establishng paternity, and enforcing the suport obligations determined by a court.

FEDERAL FUNDING INVOLVED:
1. The amount of federal funding a state receives varies by year, depending in part on the state's child support collections and expenditures for program administrtion.
2. Were the state to be out of compliance with federal requirements regarding chld support enforcement, a period of appeal and review could ensue.  Ultimately, partial or complete loss of federal child support enforecement funding could result.

Federal law also requires the state to operate a child support enforcement program under an approved state plan in order to be eligible for federal funding for Tamporary Assistance for Needy Families (42 U.S.C. 602. (a) (2)_  

This is all I could find on the subject
#252
Who is ever the beneficiary on the insurance policy will get the money.  Now there is an exception in community property states IF say the husband has remarried and there are children in the first marriage and he has named ONLY the children from the first marriage, then the 2nd wife has to sign release.  I don't understand this, but it was possibly because when my mom's Dad died he had remarried.  

My Mom's Dad was in Texas, but life insurance policy was in Connecticutt, and could have had something to do with this.  I think my Mom and Aunt would have had to get an attorney if the 2nd wife had not signed the paperwork.

As for social security the child would get a check that would be made out to the mother as long as they are under 18 years of age.  I guess this would be in leiu of child support.

#253
The tax person I talked with at the IRS was VERY helpful on this situation.

He asked a lot of questions and if you can answer YES  basically to all of them you can count your child.

My concern was when custody changed from non-custodial to custodial during the year.

Case Scenario: Father was non-custodial and had child for summer visitation from June 15 thru July 31. Father was awarded sole or primary custody as of July 24, 2003.

Father NOW has signed paperwork by both parents, attorneys, Judges, and attorney general's office that can be used as proof of custody.

Father can count child on his taxes and EIC if afflicable.

If you are still unsure, call the IRS 1-800-829-1040 and tell them what you are wanting to do and they will help you out.  When the person answers they give you their name and their ID number.  I assume you are being recorded but they do not tell you that.


patton
#254
Father's Issues / Summer Visitation Questions?
Dec 04, 2003, 02:03:50 PM
My court order reads as follows:

Notwithstanding the weekend periods of possession ORDERED for Possessory Conservator, it is explicitly ORDERED that Sole Managing Conservator shall have a superior right of possession of the child as follows:

Summer Weekend Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator shall have possession of the child on any one weekend beginning at 6:00 PM on Friday and ending at 6:00 PM on the following Sunday during any one period of possession by Possessory Conservator during Possessory Conservator's extended summer visitation in that year, provided that if a period of possession by Possessory Conservator in that year exceeds thirty days, Sole Managing Conservator may have possession of child under the terms of this provision on any two nonconsecutive weekends during that period and provided that Sole Managing Conservator picks up the child from Possessory Conservator and returns child to that same place.

Extended Summer Possession by Sole Managing Conservator – If Sole Managing Conservator gives Possessory Conservator written notice by April 15 of a year, Sole Managing Conservator may designate twenty-one days beginning no earlier than the day after the child's school is dismissed for the summer vacation and ending no later than seven days before school resumes at the end of the summer vacation in that year, to be exercised in no more than two separate periods of at least seven consecutive days each, during which Possessory Conservator shall not have possession of the child, provided that the period or periods of extended summer possession.

Father's Day Weekend – Each year beginning at 6:00 pm on the Friday preceding Father's Day and ending at 6:00 pm on Father's Day, provided that if Sole Managing Conservator is not otherwise entitled under this Standard Possession Order to present possession of the child, he shall pick up the child from Possessory Conservator's residence and return the child to the same place.

Now stating all the above my questions are:

1. If non-custodial parent does not contact me before April 1, 2004 per the court order the non-custodial parent gets the child June 15, 2004 through July 27, 2004.  So do I get the child on the following?

a. Father's Day weekend June 18, 19 and 20th?  This being my Father's Day weekend.

b. July 2, 3, and 4th    and July 16, 17, 18th  these two weekends being my two non-consecutive weekends?


2.Can I also request extended vacation as follows even though this falls on the 1st standard weekend visitation for the time in May/June and the 5th and 1st weekends of July/August

a. May 31 through June 5, 2004 (7 days consecutive)?

b. July 30 through August 12, 2004 (14 days consecutive) without visitation interruption, so I can take son on two-week vacation before school starts?