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#41
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MAINTENANCE OF CHILD SUPPORT RECORDS
"frazil" wrote in message ... Moon Shyne wrote in message ... "frazil" wrote in message ... gini52 wrote in message ... "Live Wire Cycles NY/LI" wrote in message ... In response to the possible affidavit that allegedly she signed, I have one that she signed and is filed! Wow, two affidavit's, one says one thing and the other says another? I'm not very smart when it comes to these things. Should this topic be expanded into another legal forum now? George == No need. Your case doesn't hinge on her affidavit--it hinges on your court order so it matters not what she told the agency or what she signed for them. Your court order trumps her recent affidavit. == == Correct, she signed an affidavit, that she is rightfully owed something, and she should have also provided the order establishing the obligation she claims was not fulfilled (i.e. the order that established CS support payable by you to her). Now, you must show that the order she provided was, at some point, superceded by a subsequent order that vacated her order. Further, you may also have to provide documentation that you did fulfill the obligation established by the order she provided, during the time the order had effect. Then you file a counterclaim and an affidavit claiming she never paid the support owed by her to you, which was established by the subsequent order. If there is no order establishing her CS obligation, then you must argue that under the law it is permissable for you to now sue for back support. Part of that argument is that according to the laws in you state (i.e state with jurisdiction to hear the matter), you are within the statute of limitations for collect CS. Double check the state's statutes - in most cases that I saw, there's a difference between the statute for collecting CS, vs the statute for initiating a CS order. I agree, and perhaps I have read previous post wrong. But I thought that someone posted that CS could be established retroactively. . == In can be in PA. And in Washington for welfare cases - they just file a notice in the paper "state vs John Doe". Seems they don't need to know your name to start the meter running... Mel Gamble == == |
#42
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MAINTENANCE OF CHILD SUPPORT RECORDS
Tracy wrote in message news:7HlWa.36740$o%2.20631@sccrnsc02... "frazil" wrote in message ... Tracy wrote in message et... You know of a case where an employer is paying the CP directly and not using a government agency? I'm aware of the definition, but a definition doesn't mean an employer actually pays the CP directly. I guess it *could* happen, but I don't know of any cases where it actually happens. After all - I can set up any automatic payment through my bank. That payment can be for any reason. Yes, I do know of a case where the employer withholds the CS amount from the the NCPs salary, and directly cuts the CP a check for the CS withheld from the NCP's salary, without any state involvement (other than the court setting the CS amount and that the CS amount be payed directly to the CP). Amazing... Why? Tracy ~~~~~~~ http://www.hornschuch.net/tracy/ "You can't solve problems with the same type of thinking that created them." Albert Einstein *** spamguard in place! to email me: tracy at hornschuch dot net *** |
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