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Messages - smtotwo

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Dear Socrateaser / New CS case
« on: Jan 02, 2006, 08:58:12 AM »
While reviewing my current support payments on our states website, I found a NEW child support case.

The custodial parent is listed as my brothers ex-g/f and I 'm listed as non-cutodial parent.

While no paternity tests were ever done the child is now 8 yrs old and my brothers name isonthe birth certificate. There is a chance that the child is mine, but brother signed affidavit of paternity.

CS is closed today so I can't reach them.

Brother is over $40,000 in arrears to ex #1 and has a felony warrant out for failure to pay.  He has essentially disappeared, probably working for cash.

If I knew where he was I'd be the first to tell them.  But now this order is on MY NAME and FILED with CS.  I was never served any papers, and even if DNA proved the child to be mine the time limit has passed for them to contest brothers affidavit of paternity.

We're in Wisconsin.

Can they order CS from me when my brother is listed on the certified copy of B/C as father?

Where do you suggest I start getting this corrected?

Thanks Soc.

Dear Socrateaser / CS never established
« on: Nov 25, 2005, 02:14:07 PM »

           My son is now 24. from the time he was 2 until he was 13 I have tried to get his father to take a DNA test so that CS could be established.

2 states and 4 different counties later he NEVER appeared for any hearing, was never declared the father by default, therefore no CS.

He would LOVE to go to college and he should, but we cannot afford it.

Its not about me having supported him alone his whole life, but about his father contributing something to him.

He knows about our son, but has never seen him.

1) How do I go about trying again to establish support?

2) Can I go after any of the counties involved who simply dropped the issue when he didn't reply to their letters, or show for hearings?

3)  Should I go to all involved counties and get copies of files that were opened but never completed?



Dear Socrateaser / unheard motions...options?
« on: Nov 20, 2005, 03:45:48 PM »
Soc this was a question asked to me from a friend  and I don't know the case specifics.  This is the exact text of the question.

If you do need case specifics or exact motions that were refused to be heard  I'll see if I can get the info.  State is WI.

 Everyone knows about appeals and other ways to get justice out of our courts.  OK !! But when can be done when the honorable judge refuses to hear a motion?
This means you can't appeal because honorable has taken this into his own hands !!!!!  
Is their any way to get around this ?

Dear Socrateaser / Paying for medical bills
« on: Nov 10, 2005, 06:41:38 AM »
I will do my best to keep this staight and short.

2 days ago i received a letter from a collection agency for a hospital bill for my son.  The bill was for an ungodly amount. Son had some testing done as he had blood in his urine.

When I called the agency they informed me that there were bills for both my sons and my wife.  After a little digging I found that the exs
bills and her new husbands bills all listed me as the responsible party.
THey did change this,so that ex and husband have their own account.
This dropped the bill my amost 2/3.  Agency also stated that every letter they send the ex comes back address unknown.    

I am responsible for 50% of all uninsured medical, per divorce decree.
Agency stated that I am responsible for 100%.  
I never received a bill from the hospital, when I contacted them they said that they only send bills to custodial parent but that I still am 100% responsible. They are now sending me a copy of the bill as well.

In court Judge told ex that she MUST send me any bills within 14 days so that I may pay my portion.  The tests were done in August and this is the first bill I've received.  As this is not in the order, only in the transcript, it is not an order.

I have posted to a fathers group in my state about this but have gotten conflicting answers.  However the overwhelming anwer was that this is the ex's bill and she is responsible party, as she signed the papers, but listed me as resposible party.   SHe can either pay the full amunt and get the 50% from me directly or I can pay my 1/2 and she can pay her half directly.    I do not dispute the 50%, but it is impossible to pay a bill I never got.

1) Can collection agency force me to pay a bill I had no knowledge of,
    and never signed any papers for?

2)  Or is this the ex's bill, then I reimburse her? or pay either dr. or collection agency directly?

We are in Wisconsin.  Thanks.

Dear Socrateaser / RE: Issue with Daughter possible PAS
« on: Nov 06, 2005, 08:22:44 PM »
First...read guidlines and post PER THE guidlines!

and second  post on moms without custody board.  I hate to give much advice here  don't want to take up Socs board space.

SOC  You're still awesome!! thanks for the help some 4-5 yrs ago!!

It's not really new,. January 2004, but
DH filed pro se and we filled out paperwork with DH as petitioner.
When we finally retained an attorney she reprimanded both of us for not lisitng DH as respondent.

I had to show her the wording in the statute that says Who ever is filing with be the petitioner, regardless of who was petitioner in original filing.

Dear Socrateaser / quick suggestion on exs drug use
« on: Feb 06, 2005, 08:29:30 PM »
ask ex's attorney to have ex get a standing order for drug testing at a clinic near his home or work.

Either right before or right after visits request testing be done.  If it comes back positive then he must pay the cost of the test, go to NA and
have only supervised visits.

If they come back negative then you pay for the test.  Do it on a regular basis. Not just once or twice.

If he wants to see your daughter he'll take the test.  If he doesn't take the test then you can guess he's using.

Dear Socrateaser / Wisconsin has jurisdiction also...
« on: Jan 27, 2005, 05:47:50 AM »

In situations where the income of the parent is less than the parents earning capacity or is inknown, the county may impute income to the parent at an amount that represents the parents ability to earn based on

the parents education, (dh did not graduate HS), training and recent work experience,(has had the same job 13 yrs), earning during previous periods, (based on w-2, and 1099-g, unemployment records, income has actually gone down every year in the past 5 yrs) current physical and mental health, (dh had a disc removed from his back las thursday, from a work related injury), and the availability of work in or near the parents community, (we live in northern wisconsin, where it's to cold to lay brick or block until spring).

If evidence is presented that due diligence has been exercised to ascertain information on the parents actual income or ability to earn AND THAT INFORMATION IS UNAVAILABLE, the court may impute income to the parent the income that parent would earn by working a 35 hour week per the federal minimum wage under 29 USC 206 (a) (1)

THese are Child supports own rules on imputing income.

In parenthesis are our arguments against imputing income along with their own rule that says  due diligence has been exercised and that information is unavailable.  The actual info is available we have ALL w-2's and 1099-g's from the past 7 yrs.


Dear Socrateaser / Child Support Review questions
« on: Jan 26, 2005, 02:42:04 PM »
Copy of letter sent to ex arrived at our house concerning CS.

Letter states

We have reviewed your support order. Based on Financial Information we have determined that the support order should be adjusted to $xxx per month.

This is based on 25% of gross income of $xxxxx per year.

If there is agreement any party may file a motion with the court to change the order, including the state.

DH called and was told by CS worker that if he didn't stipulate to amount calculated they would impute income he's never earned, based on him working a 36 week work year. DH is a brick/block layer and has always worked 24-26 weeks a yr and collected unemployment the remainder of the year.  Even while he and the ex were married, and this was 9 yrs ago.

THere are no arrears to the state and arrears to the ex will be paid in full next week.

I thought that since CS wants to impute income DH should let either the ex or the state file the motion to amend the order.  We don't want the order changed, so we aren't filing a motion.

I did some research and this is what I found.  
      Wiseman v. Wiseman   9-30-2003  District III court of appeals

       To base a child support award on capacity to earn rather than actual income, there should be a finding based on evidence that the parent was failing to exercise his or her capacity to earn because of a  disregard of his or her support obligations.  A trial courts consideration of earning capacity rather than actual earnings is improper absent a finding that the parent was not fairly or diligently working at the occupation to which he or she is best suited, or that he or she willfully accepted employment and resultant lower compensation for the purpose of reducing his ability to pay support money.

 1)  Weren't  % awards of child support deemed unconstitutional?

 2)  If the ex files a motion to amend would this appeal ruling help at all?

 3)  Can the state file the motion to amend, even if the state has "no real interest" in the case?  (other than the federal matching funds they'll get by the increase in support)

THanks A TON !!!

Dear Socrateaser / x-mas denied, am I right about....
« on: Dec 29, 2004, 05:32:08 PM »
my interpretation of this statute?

Statute 767.60 (state of WI)

Any parent, or any person acting pursuant to directions from the parent, who does any of the following is guilty of a Class E Felony

(a) conceals a child from other parent

(ex moved provided no forwarding address)

(b)  doesn't apply to DH's case

(c) After issuance of a temporary or final order specifying joint custody  rights, takes a child from or causes a child to leave the other parent in violation of the custody order or  WITHHOLDS THE CHILD FOR MORE THAN 12 HOURS BEYOND THE COURT APPROVED VISITATION PERIOD.

DH's court order reads    HOLIDAYS:    Christmas:
          Respondent dhsll have the children x-mas eve 9 am to 8 pm and shall also have them for the second half of the post-christmas day balance of their school December Holiday break to 6 pm on the day before school recommences.

School Calendar  Thursday December 23rd through sunday January 2nd

Ex refused to answer her phone for DH to pick up the children for x-mas eve, and today when he called to say he was on his way ex stated he could not take the children.

So as of, somewhere around noon tomorrow she will have withheld them for more than 12 hours past court approved visitation.

Does this apply to the ex denying visits?

Or only to DH if he should return them more than 12 hours late?


DH is going to attempt to pick up kids again tomorrow, or file charges against her.

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