Child support

[Kevinswife]

Hello Soc,


I am in Anchorage, Alaska,

I have a few questions.  I cannot give you word for word of what the paperwork is going to say because we just went to court yesterday.  My husband got sole legal and physical custody of his 17 year old daughter.

The judge ordered that a list of her belongings be retuned to her from her mothers house.  She is suppose to go over there on Sunday afternoon to get her things.  There is no visitation and the mother pays my husband 178.00 a month child support.  We both  have insurance and split the uncovered medical.  The mother is having her removed from her step fathers insurance.

My questions are

1.  If the mother refuses her the belongings is there any thing we can do about it?

2.  She has to pay us child support at 178.00 a month based on her telling the judge that she only makes 10,000 a year on rental property. The judge did not question it.  Is there anything we can do to make her prove it?  She does not work.

3.  Can she have my husbands wages garnished now that he does not have a child support garnishment on his wages anymore?  (she took us to small claims to make us pay for medical  from 10 years ago).

4.  We pay all medical and have been for a while now.  Is there anything we can do to get that credited to our small claims judgement against us?    It will most likely wipe out the balance.  She refuses to help pay for anything.

5.  We recieve divendends up here every year and her mother has spent every one of hers instead of putting it in a collage fund.  She has also spent the 1100.00 a month child support we sent each month.  Can the daughter ask that the mother pay some collage for her?  Her mother promised to pay her first two years but now has refussed since she lives with us.

6.  If she takes the daughter off insurance do we have to go back to court to get anything done about it? Can we do anything about it?  We have always carried insurance on her and continue to do so.  Her medical bills are huge now because she has a hurt back and she is in counseling and all because of her issues.

We would love to pay for collage and pay all of her medical but we have 6 children and I do not work.  We are going to assist in her collage as much as possable and we are looking into grants and scholorships but we feel that her mother should step up and take some responsibility since she does own 5 rental properties and everything else you can imagine.  She told my step daughter that she invested her money and she would gain from it by them paying two years of in state collage.

Thank you in advance for all of your help..

[socrateaser]

>1.  If the mother refuses her the belongings is there any
>thing we can do about it?

File motion for contempt.

>2.  She has to pay us child support at 178.00 a month based on
>her telling the judge that she only makes 10,000 a year on
>rental property. The judge did not question it.  Is there
>anything we can do to make her prove it?  She does not work.

By the time you prove it, the kid will be 18. Can't get blood out of a stone.

>
>3.  Can she have my husbands wages garnished now that he does
>not have a child support garnishment on his wages anymore?
>(she took us to small claims to make us pay for medical  from
>10 years ago).

If she has a judgment and 25% of your income is available for garnishment, then yes, but you could get a judgment for the support arrears and then use that to offset her small claims judgment. Or maybe the court would just offset your obligation by subtracting hers first. you'd need to file a motion in civil court for the offset.
>
>4.  We pay all medical and have been for a while now.  Is
>there anything we can do to get that credited to our small
>claims judgement against us?    It will most likely wipe out
>the balance.  She refuses to help pay for anything.

Get an order mandating that she pay something towards the kid's healthcare, then ask the civil court to give you an offset.

>
>5.  We recieve divendends up here every year and her mother
>has spent every one of hers instead of putting it in a collage
>fund.  She has also spent the 1100.00 a month child support we
>sent each month.  Can the daughter ask that the mother pay
>some collage for her?  Her mother promised to pay her first
>two years but now has refussed since she lives with us.
>
Unless there's a court order instructing her to pay college support for the child, you can't take the mother's money.

>6.  If she takes the daughter off insurance do we have to go
>back to court to get anything done about it? Can we do
>anything about it?  We have always carried insurance on her
>and continue to do so.  Her medical bills are huge now because
>she has a hurt back and she is in counseling and all because
>of her issues.

Motion for contempt.

[Kevinswife]

Hi Soc,

Thank you so much for your prompt answers.  You are very much appreciated.

My husbands ex was ordered by the judge to meet my step daughter at her house today at noon.  My step daughter shows up and her mother wants to argue.  She says she is not argueing and the mother refuses her rights to her belongings.  My step daughter turns to leave and the mother pushes her down and she scrapes her knee.  She leaves as the mother is calling the police for my step daughter assulting her.  She turned the whole situitation around and the police questioned my daughter but stated they believed her mother.  My questions are.

1.  How do we file a contempt for my step daughter  to get her belongings?

2.  If she has a restraining order against my step daughter can someone other than my step daughter take the court papers and pick up the stuff ordered by the judge?

3.  She is appealing the decision and states that since she is appealing then she does not have to give over the belongings.  Is this true?

4. What are the time limits for filing a comtempt?

5.  My husband works out of town and will be gone for two weeks.  Can I assist my step daughter in filing a contempt or will my husband have to since he was the defendant on the case?

Thank you very much for all of your help.