The Last Straw

[tjraid18]

  I posted here a few weeks back about a child support "appeal" hearing I had recently. I got the order today and was devastated. I am so tired of being treated like this by my government agencies. I have absolutely had it. This is now a personal mission for justice.
  I had a new proposed order to raise my child support. But I havent worked since OCT. of 2003. They were figuring the order via their "formula" assuming I made $13.68 an hour. And the ex was figured in at minimum wage (which is the minimum amount they can use for either partys calculation). I was so proud of myself. Pro Se -- I went to court and told them that I had no income for several weeks and that for the past 7 weeks I had been getting unemployment which was being garnished for child support. There is a $6.63 difference in what they had my income being, and what it actually was. Also, I was made confident that things would be brought more into proprotion because my ex now babysits five children and reported that her income has gone up since the time of the order in question.
  THEY RAISED IT !!!!!!! EVEN MORE THAN WHAT IT WAS!!!!!! I am not happy -----

              I could really use some help on this. I'm not trying to shun my responsibilities. I don't mind paying child support and usually spend whatever extra cash I have on my kids anyway. I just want to be able to be my kids dad. And not get robbed because I am.

   Anyone interested in helping me with this --- I could really use it. And would really appreciate it.  Thanx,
                                                        brokendad

[KAT]

Getting pissed is how we get more activists. You didn't say which state you are in so I"m going to assume you are in one that using the income share model. If so then part of your problem was having her true income used for the daycare. It should have been left at minimum wage, that is why your slavery cost went up. It works like this, both incomes are combined THEN split. Since the joint income was higher YOU pay more. Oh yeah, she's still responsible to provide extra for the child but the truth is no one is forcing her to do so. It's simply not worth it for anyone doing income shares to bother investigating or worrying about what the custodial parent is making. Just let it be imputed at minimum wage. It's hard in the heat of the moment not to say she is a liar & has additional income...been there, done that, played that game.
The only thing I can tell you at this point is to start working with groups for reform. When you obtian employment file immediately to have support reduced. If you haven't asked before and it's not written into your family code, request she be responsible for the 250 of out of pocket medical expenses & that you obtain the tax ded. benefit.
Wish you had better news for us and I for you.
KAT

[stepmomm]

Hi,
I just registered here. This will be my first post.
Now about your situation,  I feel for you, really I do.
The agency does NOT play fair imho.
I know what I'm talking about too. Just this year our child support for my husband's son will stop. His son will be 19 and is STILL in high school and not graduating this year. In our situation, the mother would not work and then later, we found out from his son that the mother was making all this money on the side and not reporting it....

How long do you have to pay support?
What are the children's ages?
It would seem to me that there would be no way
they could RAISE the support at this time but I don't know.
I only know that when my brother was paying support on his 2 children,
he was drawing unemployment and they got practically all of it.
You said you posted here around a few weeks ago, I'll go and try to find your post and read it.

[tjraid18]

    Thank you for the comments and advice. I was really devastated when I got the new order in the mail. I strongly feel that if I had had an attorney the child support amount would have went down. they figure I don't have an attorney so they can do whatever they want. There is a lot of truth to that. but I really felt like because there is more awareness of the injustices and because I've heard of other people who are doing things in court by themselves and having success, that I would be treated fairly. What a sucker I am!!!! I need to take it back to court anyway ---- to ask for the child dependant credit.
   My kids are 8 and 9. This is in Oregon. And I think you are right about the amount I pay going up when she makes more --- because of an increased joint income. Three different child support workers gave me different stories on that. The first one said it would make my amount go up. The other two said it would'nt. And one of them was the States attorney. The one who was honest was a guy. The other two were female. Not that all females lie. But certainly the ones who work for these agencies seem to be biased , to say the least. I do need to find out more about the medical coverage costs. I'll get back to you after I look over my paperwork.
  I got a job. Usually thats a good thing. But now I'm really wondering.
                                                                tj

[tjraid18]

  O.K.   I'm back.

 First, let me say thank you both. And welcome to sparc, Stepmom. glad your here.
  Heres the short version of the full story. I did leave a detail out and I need to explain. My relationship with my ex was for a period of 10 yrs. It's been on and off almost the whole time. Despite all that has happened, I still care a lot about her. We both come from broken homes. We have a boy and girl together. Also there is a two and a half year old beautiful baby boy that is ours. I don't know how to even feel other than lost when I think about him. I hav'nt been able to be around him much. I did have a paternity test and it was positive. He does have different characteristics and features than his older brother and sister. My ex also has made innuendos that she knows he's not mine. But the D.N.A said he is. I would never deny responsibility for a child, but I am truly struggling accepting the situation. My ex was supposedly on birth control; Depravera. She wasn't. It's so confusing and frustrating, and I just feel so bad for him to have to be put in the middle of this situation.
  So I had a child suport order for $495.00. I worked at a sawmill making $13.68 an hour. She didn't work. I was also paying $100.00 a month in back child support that I owe because they had previously been taking $863.00 a month when X falsified child support Day Care information. I was paying over $300.00 a month more than what I should have been for almost three years. Thats why arrears built up. Before that I was current. I was able to get an attorney through a program called modest means to help with my divorce/child support and only through him did I get my child support where it was by law supposed to be. The adjusted amount only went back as far as the time I filed for the modification. My attorney, who I was very pleased with by the way, had a plan to get my arrears taken care of. After the divorce and child support modification, the next step was to bring a suit against my ex and child support for fraud. The idea was to use this as leverage to have X sign off on the arrears. The papers were drawn up and my attorney said it was all good. That it would work because she had done fraud, and child suport didn't do anything about it.
  But I really messed up and did'nt go through with it. I really did'nt have the money to continue anyway.
  So now I get a proposed order to add new son and raise to $636.00. Oh, and I was providing health care for the older two. But I lost my job and haven't worked since Oct.  So I figured I would appeal the amount and tell them that My income had changed. When I was given the new order, after the appeal ---- they did'nt lower it , they raised it.
  Now I have a job and should be excited. But all I feel like doing is ---
  I don't know what.

[tjraid18]

   Sorry to keep posting so many times. I have to log off and back on here at the library because the computers are timed.
   Now I know I need to try modifiying the support order again. Like you said, Kat, I need to ask that Trevor -- the little guy, be awarded to me as an exemption or whatever. I should have known to ask that at the hearing because I asked in a hearing before the divorce that I be awarded both my older kids, and I was awarded Cameron while X was awarded Brianna. Being able to claim them won't do me any good though untill I get the arrears I don't owe caught up. Which will take forever. I need to find some way to get them straightened out.
   Also -- I'm working now so that will affect things. Child support willl find out soon (they probably knew I had the job before I did) anyway. So if they didn't lower it when I had a lower income, will they raise it more than they already have even though I am making a dollar an hour less than the proposed order adding Trevor according to me making $13.68 an hour?(I am making $12.50 for now.) Let me re-ask. They did not lower my child support when I told them I have less income. They raised it a little and raised the amount of my arrears from $100.00 to $127.00. I also recieved a seperate notice after the hearing saying that I need to provide health insurance for the kids and that my employer can withold 50% of my income just for that. I had insurance for them through my last employer. In fact I told them that the kids were on O.H.P. (medicare) and that I could provide ins.  Now I don't have ins. and am EXTEMELY concerned about them taking $763.00 a month or more for child support plus 50% of my income for health care.
   Anyway --- will they raise the child support amount even more now that I actually have a job. Even though the new proposed support order that I appealed was calculated with me making $13.68 an hour? I'm so confused. Any advice would be very appreciated. If you need more specific info. let me know. I realize I'm kind of babbling.
 
    ~ The only value money has, is it's ability to corrupt a man ~


                   OR WOMAN.

[KAT]

Oregon huh? You need to read this guys website...it's really pretty sad. Oregon needs to go thru some SERIOUS changes:
http://www.geocities.com/raddadthomas/daddy.html
They probably didn't lower your support because the great wonderful powers that be feel unemployment is temporary. About the insurance thing, I really don't know. I'm tired, so let me think on it tonight.  Maybe there is a slim chance I can come up with something or someone else will chime in!!! You REALLY should have filed thru with the fraud issue. Not only to lower the arears but to gain custody when they put her butt in the slammer!!! How long ago was it? It might not be to late to take action now....but just what kind of fraud was it? Welfare? Hmmmm...
Regards;
KAT

[tjraid18]

  I'll definitely check it out. Yep. Oregon child support is viscious. According to the States attorney for the division of CH. SUPP. in court they did take my lowered income into account and it should have been backdated to Sept. 2003. with my lower wage amount. I think they screwed up somewhere. I will be looking into this but thought maybe some people would have advice. And I was right . I've already gotten advice that is helpful. And I really appreciate it.
  Yep., it was welfare fraud. And she didn't get in any trouble over it, even though they were aware of it. I so regret not going through with the suit against her and child support. Your speculation was not far off. I believe I was very close to being able to get custody of my kids.
                                                                     Thanx again. tj

[antonin]

Here is some advice from an attorney:

http://www.scdivorcelaw.com/articles/childsupportguidelines.pdf

[Peanutsdad]

>Oregon huh? You need to read this guys website...it's really
>pretty sad. Oregon needs to go thru some SERIOUS changes:
>http://www.geocities.com/raddadthomas/daddy.html
>They probably didn't lower your support because the great
>wonderful powers that be feel unemployment is temporary. About
>the insurance thing, I really don't know. I'm tired, so let me
>think on it tonight.  Maybe there is a slim chance I can come
>up with something or someone else will chime in!!! You REALLY
>should have filed thru with the fraud issue. Not only to lower
>the arears but to gain custody when they put her butt in the
>slammer!!! How long ago was it? It might not be to late to
>take action now....but just what kind of fraud was it?
>Welfare? Hmmmm...
>Regards;
>KAT
>


KAT, I read this guys webpage. I find nothing new after April of 2002....is that correct? I wouldnt mind learning what eventually happened for this guy.