Messages

>i have a temp (or maybe perm-not sure as in the "facts"
>section it states temp custody, but in the ordered section it
>states "custody") custody AGREEMENT- although my ex isn't in
>agreement anymore.
>
>My daughter is set to visit her maternal family in FL for the
>ENTIRE summer.  about 2.5 months to be exact.
>
>I am in IL, ex is in FL.  when I paid CS IL had jurisdiction
>and did all the calcs- she tried to get it changed to FL, but
>lost.
>
>1.  Which state will figure her cs, IL or FL? I will file in
>IL though, i do know that.
>
>2.  SHould I wait till after my daughter is returned (actually
>scared that mom is going to try to keep her as she says she is
>because i "tricked" her into signing the agreement) to IL from
>FL to file?
>
>the order says taht she doens't have to pay cs until she finds
>a job.  Well she found one making roughly 28000 a year.  FL
>calcs that to be at 400 a month, IL figures it to be 300.

Do you have a specific return date in the court order?  If not, see if there is time to get one before your daughter goes and get it signed off on by a Florida judge as well as one in your state (a lawyer will be able to tell you how feasible it is to get this done).  A vague one isn't going to help you.

And if she doesn't return your daughter, you need to take the court order and go pick your daughter up.  Call the police if you have to (which is why you need the Florida judge's signature, as well).

Hope that it doesn't go the way that you are fearing it will.  

>I have been paying through the OCSE for about 6 years. I'm
>sure they have encountered this before and know what to do.
>It's a first for me!
>
>I think you are right about them crediting my account and not
>sending money to the ex until it is paid up. I guess that will
>make me ahead in my CS obligation then since my employer will
>still be taking the reduced amount out each week.
>
>thanks, your reply was helpful!

They aren't going to do it that way.  Do they take all of the arrears (not saying that you have any) from one's paycheck all at once?  No, they take a set additional amount until it is paid off.  

The court will probably set an amount to be deducted from child support until it is refunded.  They aren't going to leave child(ren) without support.

>
>>I would think that if it was because the CP willfully
>>misrepresented the costs of daycare, the CP could get into a
>>whole lot of trouble (including with the IRS if fraudulantly
>>claiming child care costs) with the courts.  The CP could be
>>charged with perjury and/or contempt of court.
>>
>>I would also think (I am not an attorney) that you would get
>>some type of credit for the overpayment.   I would consult
>>with your attorney about this.
>
>It's going to depend strongly on the wording.
>
>While she clearly could be in trouble with the IRS, it's not
>so clear that she's violated a court order. If, for example,
>the order says "NCP pays CP $xxx per month for child support
>and $yyy per month for child care" and he continued to pay
>that, I don't think she's in violation even if she doesn't
>spend that money. It's up to her how to spend support monies.
>
>And, in that case, there's almost no chance of collecting the
>overpayment. Courts do not like to retroactively change
>support.
>
>It seems that the only way the court would even consider any
>retroactive changes is if the agreement was worded "NCP pays
>CP $xxx per month to cover costs at zzz Child Care agency as
>long as the child is enrolled there" or something almost as
>rigid.

In all of the paperwork that I had to submit to court, I had to sign everything stating that it was true under penalty of perjury.  If I had stated that I was paying child care costs and it came out that I wasn't and knew it at the time (and how does one not know what they spend their money on?), I could be penalized.  And my ex reimbursed for the child care costs portion.

Hopefully, this will be the same where the original poster lives because I think that it is wrong to be paying child care costs when there are none.  

>The child is 12.
>Do I need to have these documents?
>Has anyone ever got a refund or a credit because they over
>paid child care? I dont think so, but if someone has a story
>please post it.
>
>The subpoena up front sounds like wasted money. What's the
>right way to do this?
>Couldn't I just ask my ex to agree to drop child care?
>And then if they dont agree, then go for the subpoena?
>
>
>
>
>

I would think that if it was because the CP willfully misrepresented the costs of daycare, the CP could get into a whole lot of trouble (including with the IRS if fraudulantly claiming child care costs) with the courts.  The CP could be charged with perjury and/or contempt of court.

I would also think (I am not an attorney) that you would get some type of credit for the overpayment.   I would consult with your attorney about this.

>>Both the child support and child care are are taken from my
>>paycheck by the courts order.
>>The child support is being revisited this year. And my ex
>>provided a 1040 tax return that claimed child care costs
>paid
>>to the school child care centre.
>>I've learned from my child, they have not been going to any
>>child care for the last three years.
>>Years ago I tried to get records from the school child care
>>center but they gave me the run around.
>>What is the exact wording I need to use to get information
>>about how much the school child care centre received and how
>>much my child actually attended these past three years? Is
>>this the right information to have in order to get the child
>>care garnishment removed?
>>
>

You may have to subpoena the info.  How old are your kids?  

If the judge doesn't agree to the subpoena, you could always report her to the IRS.  She will then have to provide proof that she made the payments that she is claiming.  

FYI, for the next time, you can request that she provide a signed payment history (signed by the daycare center, of course).

What does your court order say about custody?  If it is joint legal, have your attorney write them a letter explaining how they are in violation of your parental rights.

>Both the child support and child care are are taken from my
>paycheck by the courts order.
>The child support is being revisited this year. And my ex
>provided a 1040 tax return that claimed child care costs paid
>to the school child care centre.
>I've learned from my child, they have not been going to any
>child care for the last three years.
>Years ago I tried to get records from the school child care
>center but they gave me the run around.
>What is the exact wording I need to use to get information
>about how much the school child care centre received and how
>much my child actually attended these past three years? Is
>this the right information to have in order to get the child
>care garnishment removed?
>

You need to protect yourself by opening your own case with support enforcement.  This way, you have proof that you paid it.  And if she harasses you, just tell her that she needs to contact DCSE with any questions.  

>Today I had my mod. hearing with the agency. It went as I
>expected it to. Nothing was resolved other than I learned that
>my insurance was not taken into consideration, they didn't
>realize what med on my pay stub stood for ins. My current
>order is to pay 450 but I pay 475 ...4 years ago I got behind
>200 bucks so the judge added an extra 25 on til it was paid
>off but it has been taken out ever since..today I called to
>stop that.
> I moved to SD from OH. ,in doing so this allowed my new wife
>to take time off as a nurse to rear the baby because I got an
>increase in pay and I couldn't afford to do so on my pay in
>Oh. so I get the letter ..respond.. get the letter back... its
>going up to 595.....nope can't handle it.. requested the
>hearing..heres why, I have to carry out of plan insurance for
>my son ..he's not here . That cost me an extra lets say a 100
>bucks...a month...there's more.. my son is here twice a year
>at an average of 600 bucks a flight because its always an
>argument as to If she will allow him on the plane alone...so
>the price goes up daily ....he's 12 I have to pay 75 extra
>both ways for an escort... he's here all summer..approximately
>75 to 80 days...for me thats 25% of the year..I pay
>happily..but the killer is that not only does my son come but
>I allow her son to be here too all summer long ..pay for there
>own room at hotels when we leave town entrtain him...parks
>water amusement...and food.. he is now 14 need I say more

First, the insurance that you pay should definitely be considered when determining child support.  

Some courts will have the parent who moved away pay for all transportation costs.  Some will factor it into child support.  

>>• RIDICULOUSLY HIGH CHILD SUPPORT PAYMENTS?
>
>The child support that is awarded via the courts usually
>doesn't even begin to cover the costs of raising a child.
>
>>My CS amount was originally based on an average of my last
>three years of income. Even though I had changed jobs
>involuntarily and was making less then 1/2 of what I had been
>making before. Also, my ex NEVER supplied ONE piece of
>documentation proving her income and the court went on her
>WORD alone. Would they have done that for me? NO WAY. It was
>rectified later and I have gotten ONE pay stub from my ex in
>over 8 years of litigation. AND that pay stub was false. One
>look at it and I could plainly see it was a fabrication.
>However, I opted to settle rather then fight it out. The
>support went down to a reasonable amount and I do want my
>child taken care of. I just know that my ex is not getting
>what the child really needs with the money, but there is
>nothing I can do about that now is there? Because, there is no
>accountability for how CS is spent.

And thank goodness that the ncp doesn't get that much control over the CP.  Especially the abusive ones.  Not to mention that nightmare it would be for both parties to have the government doing that much control.


>
>>• WAGES BEING GARNISHED?
>
>This is a wonderful invention that takes away the games that
>some child support paying parents play.
>
>>I asked for CS to go through CSE on a wage garnishment
>becuase my ex filed false charges against me saying I had
>failed to pay CS despite me having all my canceled checks with
>her signature for over 6 months worth of CS. All of them
>stated clearly on the memo line that they were for CS and an
>order was in place that I was complying with.
>
>>Wage garnishment protects everybody. Not just the receiver of
>the CS.
>

I think that is wrong when courts treat child support like gifts.  And you are right, wage garnishment does protect everyone involved.

>>• BEING TREATED LIKE A THIRD CLASS CITIZEN?
>
>>
>>• BEING LABELED AS A "DEAD BEAT DAD"?
>
>Pay your child support AND spend time with your child(ren) and
>this wouldn't apply to you.
>
>> I have been discriminated against repeatedly by the CSE
>office. I had to push them to accept my application for
>garnishment through their office because they weren't going to
>accept it due to the expectation that my ex should have
>submitted the application. I finally got them to take it. I
>was in arrears for 6 weeks that was paid over time. When I
>knew the time was getting close, I contacted CSE to make sure
>they knew the arrears was almost paid up. No response ever.
>There are many other instances where I have been treated like
>scum of the earth. No matter that I have paid for all kinds of
>things for my child that is supposed to be covered by CS, but
>the mother just doesn't take care of for whatever reason. I do
>pay my CS and I spent as much time with my child as the
>court's allowed and that I could until the mother's PAS
>campaign was successful. I still let my child know I love her
>and when she is ready, I am here.

You are not a deadbeat parent (and please note that I used parent.  Either gender can be a deadbeat).


>
>>You must understand that CSE shows the CS payments in such a
>way as to make almost everyone "behind" slightly. That way,
>their "collection" efforts look much better then they really
>are and they get MORE FEDERAL FUNDING AND GRANTS! This is the
>same as it works for public schools and standardized testing.
>The better the grades look, the more money the school gets.
>Result, teaching to these tests, outright cheating, and kids
>who can't read, write, or do simple math upon graduation.

When I look up my child support, it shows no arrears.  And if it did, I would complain as my ex doesn't have arrears.

>
>> I do not agree with the stop child support now message and
>won't join their lawsuit. I think these types of actions make
>good dads look bad and makes our battles that much harder to
>fight and overcome. However, not everything they are saying is
>off the mark.
>
>

>STOP CHILD SUPPORT FROM MAKING YOU A VICTIM!!!
>
>ARE YOU A VICTIM OF...
>• RIDICULOUSLY HIGH CHILD SUPPORT PAYMENTS?  

The child support that is awarded via the courts usually doesn't even begin to cover the costs of raising a child.

                 
>                  
>• "THE EX" CONTROLLING VISITATION RIGHTS?

If "the ex" isn't following the court ordered parenting plan, file contempt of court charges.



>• WAGES BEING GARNISHED?

This is a wonderful invention that takes away the games that some child support paying parents play.                                      
>                                          
>• BUSINESS LICENSE SUSPENDED?

Pay your child support and you don't have to worry about this.

>• DENIED CHILD SUPPORT MODIFICATION?    

Modifications aren't just done out of the blue.  It depends on what the law says.
                     
>                            
>• DISCRIMINATION IN COURT BECAUSE OF GENDER?

Doesn't matter what your gender is, if you don't have custody of your child, you pay child support.

>• DRIVER'S LICENSE SUSPENDED?  


Pay your child support and you don't have to worry about this.                                
>                                        
>• FACING CRIMINAL PROSECUTION?

Pay your child support and you don't have to worry about this.

>• BEING TREATED LIKE A THIRD CLASS CITIZEN?                  

>                        
>• BEING LABELED AS A "DEAD BEAT DAD"?

Pay your child support AND spend time with your child(ren) and this wouldn't apply to you.


>• TAX REFUNDS INTERCEPTED?  THE LIST GOES ON AND ON!

Pay your child support and you don't have to worry about this.
>
>IT'S TIME FOR FATHERS TO UNITE!!!


It's time for all parents who are ordered to pay child support to pay their child support.
>
>WE'VE BEEN PUSHED AROUND LONG ENOUGH BY A LAW THAT ONLY
>PROTECTS THE RIGHTS OF ONE PERSON...        "THE EX"

Uh, wrong word.  Replace ex with CHILD.  And children are very lucky that those laws are in place.

>Child Support laws are NOT Biblical!!!

Biblical?  Religion has no place in the government.