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I need some direction or the best course of action

Started by fandango1974, Jan 06, 2009, 05:34:43 PM

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fandango1974

I am in need of legal representation or advice regarding my child who was taken out of the United States by my ex-wife. When we divorced three years ago in San Diego, the judge order joint custody of our daughter. She, however, retained physical custody of my daughter. In September of 2006, she violated our custody agreement and took our child to Trinidad without my consent or the court's knowledge. She returned right after this to the U.S. and continued living in San Diego. Finding no legal recourse at the time, I moved to the DC area. I continued to pay her child support until January of 2007. Of which time, I was unemployed. When I became employed again in late May of 2007, I started making bi-weekly payments directly to her mother in Trinidad where my daughter resides. In May of 2008, I was contacted by the child support division in California and was directed to start making payments again directly to my ex-wife in San Diego where my daughter no longer resides. I have complied with this order. However, I am concerned because there are a few things that I feel I am being taken advantage of.

I know my ex-wife violated the international child abduction laws and she is committing fraud by accepting child support payments for my daughter who is living in Trinidad. Not only is she accepting payments from the Department of Child Services in San Diego but she has relocated to Florida since September of 2008. I tried to contact the court to assist me and was told by the clerk that they could not give me legal advice and that I needed to secure an attorney. Now she and DCS is stating I owe 8000 plus in arrears. I am baffled by this as I was not given any documentation as to how I came to owe this amount. When I asked DCS said they cannot give me any information which I think is very unfair. This is also going to affect me getting my citizenship which I am applying for this year (2009.) I am really frustrated at this point because I have limited funds and none of the attorneys that I have contacted will work out a payment plan with me. I am still doing the right thing by paying the child support payment. I am humbly asking for your assistance and even if you can not help me, at least refer me to someone who might have an interest in taking my case. I appreciate your time.

My questions are
1) What can I do to show DCS in San Diego that my daughter is no longer in the country.
2) What can I do to inform DCS that my ex wife have moved and is now living in Florida
3) How can DCS add arrears to my account? What proof do they have that I owe this much? Are they taking my ex-wife's word?
4) Can my ex-wife live in Florida and still collect Child Support from San Diego?
5) Is there a way I can have the support moved to where I am living or to Florida

Gestalt

Quote from: fandango1974 on Jan 06, 2009, 05:34:43 PM

My questions are
1) What can I do to show DCS in San Diego that my daughter is no longer in the country.

She is in the country, she's in Florida right?


Quote from: fandango1974 on Jan 06, 2009, 05:34:43 PM
2) What can I do to inform DCS that my ex wife have moved and is now living in Florida

How do you know she is in Florida? Do you have an address? Does mom work? Does the child attend school/daycare?

Quote from: fandango1974 on Jan 06, 2009, 05:34:43 PM

3) How can DCS add arrears to my account? What proof do they have that I owe this much? Are they taking my ex-wife's word?

Provide DCS with your proof of any payments made; money order carbons, cleared checks etc.


Quote from: fandango1974 on Jan 06, 2009, 05:34:43 PM
4) Can my ex-wife live in Florida and still collect Child Support from San Diego?

San Diego will retain jurisdiction on the cs issue until the child emancipates or the matter is formally transferred to another jurisdiction.


Quote from: fandango1974 on Jan 06, 2009, 05:34:43 PM
5) Is there a way I can have the support moved to where I am living or to Florida

Yes, but for someone unfamiliar with how to do so it may be best to get an attorney. Does San Diego have a self help legal center? You might want to look into that if you cannot afford an attorney, and call attorneys and see what their charge would be for helping you change jurisdiction, it might not be as much as you think.