yup, she's a gold digger

[leon clugston]

I will explain one more time, the problem resides in what people dont know, and this is what the courts and the Child suppoprt services division of every state depends on. The Sytem or the STATE PLANS are set up around the title IV-d of the Social Security Act and the cooperative agreements within the state plan under section 3.1, every state has them, and there all the same, and the states signed and agreed to abide by them,what the states have done is used there interpretive authority and mended the plans under there state guidelines, but there interpretive(have no force and effect of law) they are non substantive, and because they vary so much they have no supporting regulations outside of the federal requirements. People always want a quick fix, and want someone else to do it for them, and this is why so many people lose, because no one wants to challenge the correct issues and the true wrongs within the states.Even the feds have stated that both parents are to contribute, this is based upon the facts the feds are still tied within the common law of the United States.
You want to play in there world under there interpretive guidlines you will lose, especially since every state has a rebuttal as required by the feds, to extinguish any claim of wrong or judicial error.

[melissa3]

I see what you are saying but I'm a little unsure of what you believe is the correct issue to challenge here?

I don't understand how the cost of heat, electricity, rent/mortgage and upkeep of a house could be allowed to be included in figuring out child supprt. The CP and NCP would have to pay those anyways, whether they had a child or not. I searched the MA DOR state site and I don't believe those expenses are considered in the CS guidelines.

The courts won't make BM rent the lower apartment, even though rent is considered to be income? Rental income is passive income and, unlike working overtime at a job, it doesn't take anytime away from the child. And if the BM is really paranoid about strangers, she could just rent the apartment out to a single lady. BM has already had offers from a few women, some she knew personally!!!

I don't understand why the courts make the NCP go to the ends of the earth to find a better job if they feel he/she is willfully underemployed but they won't go to the same extreme for a CP??!!??!! Um, what happened to "what is good for the goose, is good for the gander??

So, basically, all we have to do to not get a CS increase is show that the cost of child care hasn't gone up, since the last time CS was established?

Thank you everyone

[leon clugston]

The basic needs of the CHILD are what is to be figured, not the other parents financial woes, as explained before unless you have a copy of the STATE PLAN and read it you will guessing and floundering around in the sea of BS. It is contract between the state and the feds, it details what the state shall do, the supreme court of the United States has twice ruled they must follow the guidelines under a contract stipulation, and this is what there not doing, but since most people dont know about it, nor how to resaerch it correctly, they get away with what they do, and that is operate outside there statuatory authorized authority.The state plan is easy to get, you file a FOIA(freedom of information act) to the nearest head collection office and demand for the copy of the state plan as required under title IV-d of the Social Security Act, and for wwhich all states MUST have to be able to get federal assistance, and they have ten days to comply, its a simple type up, and then you will be able to easily read and see what is going on, and what realy is mandated to be goiong on.

[ocean]

leon-Have you used the state plan in court? Each state has set a "general" system that can be changed dramatically with eveidence to what should be ordered.
Orginal poster-Has she rented out this apartment recently? Within the last year? Did the renters just leave? Then I think you have a shot of saying she will have income when she rents it out again. BUT if she has not rented it out in a long time, it will not come into play. It is like saying she can get a part-time job but won't. You are lucky because your state actual inputs BM income. Some states it is only NCP income and a percentage. Good luck and let us know what happens :)

[leon clugston]

the state plan, has been introduced in a lower superior court, never has been in Alaska before now though, however it wont go any where because I personaly insulteed the assistant Attorney General by smacking for being in violation of the code of ethices, and the federal law, so now the issue will soon enough go to a federal court. To answer youre question about income, many states only imput the income of the non custodial parent, what is different about Alaska is they dont care who has custody, all they care about is who makes more, custodian or not, and then that person is the obligor, custodian or not, it is illegal as hell and that is what ime fighting and will be soon in federal court. I have found two federal cases, one from a district and one from the United States Supreme court that states very clearly that the states are bound by the contract and the meanings and deffintions within the satte plan, as approved by the Secretary of health and Social services, and many state are not, but untill you fight them on it, they'l do whatever they want.

[melissa3]

For awhile, the BM had her sisiter living in the lower apartment, free of charge. BM paid all bills, with no help from the sister. The sister moved out about 6 months ago, I think, and she has yet to rent the apartment again. As I said, she's had many offers and some of those people would be willing to write an affadavit.

The child is the main concern here. However, the daughter would benefit more from the mother renting out the apartment, instead of the father getting an increase on CS. LIke I said, the increase would be nowhere near what the BM would get in rent. Which is better - $600 more a month or $80 more? ($80 a month/$20 more a week is the legal maximum amount the CS can be raised.