Messages

First... wishing you a very Merry Christmas!

Secondly, one quick question.

I read on another post where you suggested the person send a reg. return receipt letter to the BM to solve an issue. To avoid court costs, time, etc. My BM is currently underemployed after 15 years of a high paying job. (Yes, the one who went to Kwik Shop).

1. Do you think something like that would be relevant in a situation where I have just hired a new child support atty to go after BM regarding underemployment?

2. If she/her atty argues the new garnishment order sent to her new employer, would it even be worth asking before having to subpoena employee and medical info?

3. If so, how would I word it? Any suggestions very welcome.

And if I had an addy for you... you would receive some wonderful homemade Christmas candy (LOTS!)! My email addy is in my profile if you would like to receive some! (peanut brittle, fudge with and without walnuts, choc. covered cherries, almond joy lumps, choc covered pretzels, white choc pretzels, haystacks... etc.) Just an FYI... And yes, this is the wife talking about the goodies! Merry Christmas!

:)

Oh, one more thing.. any suggestions when interviewing
>attorneys tomorrow? Questions to ask? THanks!

1. If you know which judge you will have, then the first question is how many times have you appeared before this judge and is there any reason to believe that your representing me may put me at a disadvantage that another attorney would not have before this judge.

2. How many cases of this sort have you handled and how successful have you been in imputing income.

3. I need to be actively involved in the decision making process. This means that you cannot just "take my case," because I will want to know what you are doing and why and I want to make the strategic decisions based on your candid advice. Can you operate under these conditions?

4. (this isn't a question). In evaluating attorneys, if you're at a toss up between more than one, the one whose office is closest to the courthouse is to be preferred, because it will save you money -- all attorneys charge their hourly rate for travel time.

Okay... thanks for the fast response!

#1  Our situation with a judge is this. Our local district judge recused himself after we proved 120 cases of contempt approx 5 years ago. He felt he couldn't "put this woman in jail". So... it was sent to a district judge one county over. He refused to hear the case and sent us to the case manager, who was given the ability to be "judge, jury, and executioner". Until she chose to NOT be involved in THIS aspect of our situation, we have not been before ANY judge since the last contempt hearing in which our judge recused himself. Whew.

So... the attorney we plan to get will specialize in family law/child support and be 80 miles from OUR town. 50 miles from District judge's town.

Question:

Where do we have court? BM lives 120 miles Northeast. Can we ask for a change of venue to the town where our attorney will be which will be the same distance for BM to drive there vs. here? (I want to save $$ wherever possible! Gas is NOT more expensive than an attorney! LOL) YET.

You are such a wealth of info... you have NO idea how much I appreciate this!

Spoke with an attorney that specializes in child support (larger town attorney 80 miles away) who felt IF she quit, her income would be imputed under state law.

Well, I took the chance and emailed her and asked her the question. "Did you quit your job at XXXX or did you get fired?"

Her response via email was "I quit due to health reasons".

So, I guess I have to ask you this question (yes, will be calling new attorneys tomorrow as our long term one is not very knowledgeable about child support issues)...

1. Are there specific reasons a person can quit one job for health related issues, yet within 1 month get a job elsewhere with significantly increased physical expectations?

2. Wouldn't you think most people would use FMLA if there was a health OR mental related issue rather than quit?

THanks... have ALWAYS appreciated your help and honesty!

Oh, one more thing.. any suggestions when interviewing attorneys tomorrow? Questions to ask? THanks!

I feel NCP is underemployed. Until this summer, she has had employment that paid up to 21.25/hr (her last job) and has had 2 employers in 15 years. Until this summer. Currently she is making 6.60 hour per last pay stub. (Went from Medical field to Convenience Store).

I spoke with an attorney regarding this issue (free phone consult) and he stated per Kansas Guidelines if a person QUITS their job, their CS obligation will be imputed at their ability to earn.

She refused to tell me if she quit or was fired, so I had a friend call her employer for a verification of employment in which I found out her salary, job title, dates of employment and they stated "she is no longer there due to a mutual agreement to end employment" AND is not eligible for rehire.

So..

1) Does "mutual agreement" mean she QUIT or was FIRED?

Thanks.

THANK YOU THANK YOU... You're the best!--Noso

>3. How would I word my request to a case manager court ordered
>by a magistrate judge regarding ALL issues pertaining to our
>case? (She is the one figuring up the reduction in child
>support)

>It's not clear to me what the case manager has been ordered to do. Are you supposed to pass your discovery requests directly through the case manager, or is the case manager merely looking at what each party offers as evidence and trying to resolve the issue?

>Have you raised the issue that you believe that the other parent is substantially misrepresenting her income in a written pleading? If so, then what does that pleading say? If not, then why not?

The case manager has been ordered by the court to resolve all conflict, including changes in child support as needed. She is essentially our judge, jury and at times, executioner. The judge will go with her recommendations. That is why I want to ensure she is properly informed as she states she is not knowledgeable about many child support laws and how to calculate certain issues that arise. (Court ordered until child is 18 years of age).

My case mgr looks at what both parties give her and she makes her recommendations from that. She has in the past spoken to attorneys (she is not one) and the judge over-seeing our case. She is to represent the best interests of the child, period.

I would love to write a pleading, however, I have no idea exactly what the other party makes or claims to make. I can only go by what the case mgr sends me. I feel it is my right to have that information to make informed decisions, and am planning to request (tomorrow) that her income infomation from Kwik shop and rentals be sent directly to me or my attorney for review. Which is why I needed to know what to ask for specifically. (thanks).

Thoughts or suggestions? :)

Soc, first, I must thank you for all of the great advice given to me and others in the past.

I am CP. Child just turned 16. Have been custodial for 2 years.

His mother has 4 rental properties I am aware of. She recently quit or was fired from her job and has taken a lower paying job resulting in her child support obligation to be cut in half.

Until now, her rental properties have never been added into child support calculations. However, after having cs decreased by half, she is insistent that it be decreased further due to her "losses on her rentals".

She normally buys a home, lives in it for 6-24 months while fixing it up, then turns it into a rental upon moving to the next fixer-upper.

According to Kansas Child Support Guidelines (site is here):

http://www.kscourts.org/ctruls/csintro.htm

From what I read, her regular job at Kwik Shop would be domestic gross income, and her rental income in self employment gross income.

My questions are:

1. What would reasonable business expenses be for rentals in this situation?

2. To prove rental income, I need to request from her? 1) bank statements showing checks from renters (with copies of checks) going back 12 months? 2) rental contracts in their entirety for all rentals? 3) listing of all rental properties? 4) Tax returns? 5) mortgage interest statements? 6) Cost of insurance? (tax returns questionalbe as they are not always on the up and up and she does her own so I don't know how truthful they are). And what else?

3. How would I word my request to a case manager court ordered by a magistrate judge regarding ALL issues pertaining to our case? (She is the one figuring up the reduction in child support)

4) Any other recommendations?

Thanks in advance...

Nosonew

Thanks for the info Soc..

Luckily his dad gave him all of his possessions except for tv, stereo and computer.

I told DS those are just material things..no biggie.

And #3 above... although the c.o. was never changed, I gave my word. Can't be a role model for my son by going back on my word.

So.. DS and I will save up for a computer... and he can earn via work a tv/stereo.

It worked out... thanks for your help! :)

Soc.. my DS's dad and I divorced when he was 2. He is now 17. He has lived with me since the divorce. In January of this year when he was 16, he requested that he live with his dad. I said fine as his dad and I have always gotten along for our son's best interest.

In the last 3 months, things have been rocky there. DS and his dad are not getting along.

DS chose to move back to my home last night. His father is against it.

(We had previously verbally agreed to NOT change any court order, there would be no child support exchanged and if DS went and things didn't work out, he could move back). I am still via courts residential parent, his child support due is still in effect, although I would never ask for it during the time my DS was with him. I have been paying (in lieu of c.s.) DS's insurance, personal property tax/tags, all medical not covered by ins., buying clothing, etc.) In essence, spending more than I would if I had paid him CS.

DS moved home today, requested my DH come to his dad's and help him pack up his stuff to move. (I am a nurse and could NOT leave work without risking my license for patient abandonment).. His dad refused to help yet had earlier told Son that he could take whatever he wanted.

DH was informed by EX when he arrived that DS could leave, but with the clothes on his back and nothing else.

These are the possessions we would like to get:

1. All clothing, sports equipment, shoes, etc.
2. Computer, monitor, wireless mouse and keyboard + all programs and games bought for the computer. (DS works 40+ hours per week plus HS, is an A student).
3. Cell phone. 180.00 phone DS paid 90.00, his Stepmom paid the other half as a gift for his birthday earlier this month.
4. Cash. He has over 800.00 cash in his room, along with his wallet, etc.
5. 2nd set of keys to his vehicle he pays for.
6. 200+ DVD's DS bought, were gifts or I bought
7. 200+ Playstation games & Playstation I paid for or DS paid for. If EX bought any, could have, I don't know about this.
8. Music CD's (very numerous)


DS would LIKE to get his 32" TV and surround sound system he has in his room, but these were not "real gifts" and I personally feel were purchased by EX to equip his room with items he felt he needed.

DS is now at my home with one extra change of clothing, the clothes on his back and his vehicle.

Questions:

1. Are there any laws pertaining to the issue of personal and items such as these?

2. It has been suggested by someone I know that I have a police officer go with me to the home for a civil standby and retrieve the items.

3. Any suggestions???