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  • Child Support Issues

    Hello,

    I have 2 questions

    My ex-husband was ordered to pay child support some time ago. My ex-husband gets Social Security on a monthly basis. I know he has worked jobs that pay cash in the past to avoid paying the back support he owes. We recently went back to court to see if we could get $5000 of over $8000 he owes in back support. He never willingly paid so with the help of my local Child support office we were able to take a small percentage of his Social Security.
    I have 3 children by him and when I added the last 2 children to the child support case the amount remained the same $120. He was ordered to pay $238. I was told there was nothing more I could do even with these court orders...is that true?



    My ex-husband recently told me he was going to take me to court for custody. In the past I would allow him to see his children even though he wasn't supporting them. My ex-husband has grown more abusive and I fear for myself and my children. The children don't care to see him because of his temper. He also cheated and was living with another woman while he was married to me and he has a history of dealings with drugs. I think he would be an idiot to try and take me to court with his past. If he does try, how can I keep this from happening?

    o.k....3 questions...lol

    Also, I was recently married. I now have a 2 month old baby by my husband. He left me in the hospital the day she was born and dosn't do anything for her. I've pleaded with him to get a DNA test and have set up appointments which he never keeps. We are due for court this week on child support. My husband makes around $26,000 a year. He lives with his mother and has almost no bills to pay. He also has 1 other child by another woman. I have had very little luck with child support and am wondering what can I do to ensure that my daughter will get the support she deserves so that I am not left again with the short end of th stick?We are in Arkansas

    Thank You.
    Last edited by Nita Mae; 06-05-2005, 12:00 AM.
    ~ Nita Mae ~

  • #2
    1. By law, they can only take a certain percentage of social security for child support and he is likely maxed out at that limit and more cannot be taken no matter how many kids he has.

    2. You may want to go seek sole custody if he is abusive to the kids. The down side is the kids may have to testify before the court about this. Also, having a woman around who may be part of the abusive behavior toward the kids is not good.

    3. File to establish paternity. Have him served at his place of work and ask that the squab of his mouth be done at work pursuant to a court order. The prosecutor or state's attorneys in most states have TITLE IV divisions that handle child support. Ask them to represent you if they have not done so for free. After paternity is established, support and custody is set. I suggest going for sole custody if the father has abandoned the child and shows no interest in the child.
    Last edited by elklaw; 06-05-2005, 02:07 PM.

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    • #3
      Reply

      They Do Take Child Support Out Of Ssi Or Any Other Income,and For Your New Baby Take Him To Court And They Judge Will Force Him To Get A Dna Test Done To See If He Is The Father,so You Can Get Child Support......AND I WOULD GET HIM FOR ABANDONMENT IF HE HAS NOT SPENT ANY TIME WITH YOUR BABY.
      Last edited by candy2o05; 06-06-2005, 01:11 AM.

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      • #4
        : )

        Thank you guys so very much.
        ~ Nita Mae ~

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        • #5
          We sure know how to pick em, huh girls? lol

          It is amazing that we don't really KNOW someone until we already have their children. I would've never in a million years expected some of the issues I've had with this man and I was with him for 8 years. I sure can pick em'.

          Comment


          • #6
            Originally posted by SingleMomIL
            It is amazing that we don't really KNOW someone until we already have their children. I would've never in a million years expected some of the issues I've had with this man and I was with him for 8 years. I sure can pick em'.
            for real 4 me it was 3 yrs and 2 yrs of friendship b4 that

            Comment


            • #7
              I got ya both beat... I was with my ex loser for 10.

              Comment


              • #8
                If you and your husband were married at the time of the child's birth there is no need to do a DNA est to establish paternity as a child born into a marriage is automatically presumed to be the father of the child. In other words, if you were married your husband is already the legal father.

                SSI can NOT be garnished for child support. Period. Read up on federal laws. SSDI can be garnished but if they're taking the federally mandated maximum amount already for support for your children you were told correcly; there there is nothing more you can do. Only a certain percentage of a person's federal SSDI benefits can be garnished for child support.

                The child is 2 months old. Not even old enough to meet the legal standard for abandonment in most states (which is 6 months to one year usually, depending on the state. Some states are as short as 90 days, however your child isn't even 90 days old so there's no "abandonment").

                And I win... 11 years for me. 1991 to 2002.

                Comment


                • #9
                  Originally posted by Whyte Noise
                  And I win... 11 years for me. 1991 to 2002.
                  Always the braggart!!

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                  • #10
                    I was with my daughters dad for 5 years. When we separated he fought me tooth and nail to get custody of her. He even went so far as to call CPS on me, and admitted to them he would stop calling them if I was to go back to him. Needless to say everything was droppped . He eventually went to prison and then moved to his mothers in Arizona when he was released. Now he wants nothing to do with her. Guess he figures there is no way to get me back so why bother with his daughter. MEN!

                    Comment


                    • #11
                      Originally posted by confusedinVA
                      I was with my daughters dad for 5 years. When we separated he fought me tooth and nail to get custody of her. He even went so far as to call CPS on me, and admitted to them he would stop calling them if I was to go back to him. Needless to say everything was droppped . He eventually went to prison and then moved to his mothers in Arizona when he was released. Now he wants nothing to do with her. Guess he figures there is no way to get me back so why bother with his daughter. MEN!
                      Mine called CPS on me also. I got the certified letter to call them and I did. THe caseworker couldn't tell me who called obviously but it was rather funny because I told her I would tell her who called and told her the details. SHe said she was sick that week and so to call back the next week and I did but she never came out.

                      My ex refused to pay CS and only contacted when the state would find him. He'd contact once and that would be it because within a few weeks (never more than 4) he had quit his job. Eventually I petitioned for a TPR and he ignored the filing and our step-parent adoption was granted in June of 2004. He let himself get served the following month for court after they had tried every 2 months for almost 3 years and failed. He was held for the 25,000 he owed in arrears which I'm sure surprised him completely. They keep him coming in every 2-3 months and he's still not been paying as he's supposed to but is quick to try and tell the judge and DA every time we go in that I had the children illegally adopted.

                      The last time he went he tried to get the judge get me to give him the kids' social security numbers (he said for his life insurance through work) and when I refused he was calling me names under his breath. The judge could not order me to do so and she's repeatedly told him that court will not address the adoption. The funny thing is there's nothing he can do. I notified him legally and have proof and he has NO clue what I know about the law or that I'm going to school for that so I just sit back and laugh as he makes a fool of himself.

                      At the last court date I made a statement that if for 6 months he pays the court order for 60$ a week consistantly that I will knock it to 30$ a week for 6 months. If he sticks with that I will waive all arrears I'm able to. So for just over 2,000$ his arrears would go from 22,000 to just over 3,000, he'd get a 20,000 break. His answer was very ****y and said ONLY if I put it in writing. The judge just snickered. He made it sound like he wouldn't pay unless I put it in writing. He doesn't get that he's ordered to pay despite what I say or do and I'm in NO way obligated to waive anything. AND me putting something in writing means nothing because the judge already said she didn't want it in the form of a motion for her to sign or anything cuz I couldnt' be held to it..LOL

                      Comment


                      • #12
                        Originally posted by Whyte Noise
                        If you and your husband were married at the time of the child's birth there is no need to do a DNA est to establish paternity as a child born into a marriage is automatically presumed to be the father of the child. In other words, if you were married your husband is already the legal father.

                        SSI can NOT be garnished for child support. Period. Read up on federal laws. SSDI can be garnished but if they're taking the federally mandated maximum amount already for support for your children you were told correcly; there there is nothing more you can do. Only a certain percentage of a person's federal SSDI benefits can be garnished for child support.

                        The child is 2 months old. Not even old enough to meet the legal standard for abandonment in most states (which is 6 months to one year usually, depending on the state. Some states are as short as 90 days, however your child isn't even 90 days old so there's no "abandonment").

                        And I win... 11 years for me. 1991 to 2002.
                        WELL IN OHIO IF A MAN SIGNS BIRTH CER. AND THE CHILD IS OVER 90 DAYS OLD IT DOES'NT MATTER IF THEY ARE THE FATHER OR NOT THEY ARE AUTOMACTICALLY THE DAD..I DIDNT NO THIS TILL I WENT TO HAVE DNA TEST'S DONE.......

                        Comment


                        • #13
                          Originally posted by candy2o05
                          WELL IN OHIO IF A MAN SIGNS BIRTH CER. AND THE CHILD IS OVER 90 DAYS OLD IT DOES'NT MATTER IF THEY ARE THE FATHER OR NOT THEY ARE AUTOMACTICALLY THE DAD..I DIDNT NO THIS TILL I WENT TO HAVE DNA TEST'S DONE.......
                          And in any state, if you're married when the child is born you don't need a DNA test. The husband is automatically presumed to be the father unless and until proven otherwise. Which is exactly what I told the poster in answer to her 3rd question.

                          Comment


                          • #14
                            Whatever

                            Originally posted by Suzy72
                            I got ya both beat... I was with my ex loser for 10.
                            If you were with an ex-loser for 10 years, then what does that make you??

                            You sound like the typical attitude of a woman scorned...

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                            • #15
                              Originally posted by ericmknight1906
                              If you were with an ex-loser for 10 years, then what does that make you??

                              You sound like the typical attitude of a woman scorned...
                              It made me stupid! I don't fight it! Big lesson learned. And why would I be scorned? I left him... he's the one who wanted to stay together and kept trying... Divorcing him was the smartest thing I ever did.

                              Comment

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