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Please help!!! Lots of questions about child support!



 
 
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  #1  
Old February 9th 08, 05:26 AM posted to alt.child-support
missamira1
external usenet poster
 
Posts: 3
Default Please help!!! Lots of questions about child support!

Hello! My huband is a former NCP. We have had the kids living with us
full time for the past 2 1/2 years. Our problem we are dealing with is
a huge arrears balance that the child support agency is alledging that
he owes. The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. He was always supporting his kids as his ex
had a checkbook and bankcard with full access to their accounts. The
bank has since gone out of business so we don't know how to subpeona
records to prove any of it. My husband owes over $20,000 now and we
can't even cover the interest every month, with supporting all five of
our kids. Of course, his ex doesn't pay a dime!

Anyway, where do we start? Is there any way to stop the interest or
get anyone to listen to us or help?????
  #2  
Old February 9th 08, 06:18 AM posted to alt.child-support
Bob Whiteside
external usenet poster
 
Posts: 981
Default Please help!!! Lots of questions about child support!


"missamira1" wrote in message
...
Hello! My huband is a former NCP. We have had the kids living with us
full time for the past 2 1/2 years. Our problem we are dealing with is
a huge arrears balance that the child support agency is alledging that
he owes. The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. He was always supporting his kids as his ex
had a checkbook and bankcard with full access to their accounts. The
bank has since gone out of business so we don't know how to subpeona
records to prove any of it. My husband owes over $20,000 now and we
can't even cover the interest every month, with supporting all five of
our kids. Of course, his ex doesn't pay a dime!

Anyway, where do we start? Is there any way to stop the interest or
get anyone to listen to us or help?????


If he is still on active duty he should seek legal aid from the judge
advocate where he is stationed.

If he is no longer on active duty he needs to find an attorney who has
knowledge of the Soldiers and Sailors Act and his liability and rights under
the law.

  #3  
Old February 9th 08, 10:01 AM posted to alt.child-support
Gini[_2_]
external usenet poster
 
Posts: 142
Default Please help!!! Lots of questions about child support!

"missamira1" wrote in message
...
Hello! My huband is a former NCP. We have had the kids living with us
full time for the past 2 1/2 years. Our problem we are dealing with is
a huge arrears balance that the child support agency is alledging that
he owes. The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. He was always supporting his kids as his ex
had a checkbook and bankcard with full access to their accounts. The
bank has since gone out of business so we don't know how to subpeona
records to prove any of it. My husband owes over $20,000 now and we
can't even cover the interest every month, with supporting all five of
our kids. Of course, his ex doesn't pay a dime!

Anyway, where do we start? Is there any way to stop the interest or
get anyone to listen to us or help?????


===
Your user id sounds very familiar. Did you post here before on a variation
of that id?
If the kids are with you, why didn't your DH file for CS from the mom? What
do you mean that you can't cover the interest? To whom is he paying
interest?

  #4  
Old February 9th 08, 05:12 PM posted to alt.child-support
missamira1
external usenet poster
 
Posts: 3
Default Please help!!! Lots of questions about child support!

On Feb 9, 2:01*am, "Gini" wrote:
"missamira1" wrote in message

...

Hello! My huband is a former NCP. We have had the kids living with us
full time for the past 2 1/2 years. Our problem we are dealing with is
a huge arrears balance that the child support agency is alledging that
he owes. The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. He was always supporting his kids as his ex
had a checkbook and bankcard with full access to their accounts. The
bank has since gone out of business so we don't know how to subpeona
records to prove any of it. My husband owes over $20,000 now and we
can't even cover the interest every month, with supporting all five of
our kids. Of course, his ex doesn't pay a dime!


Anyway, where do we start? Is there any way to stop the interest or
get anyone to listen to us or help?????


===
Your user id sounds very familiar. Did you post here before on a variation
of that id?
If the kids are with you, why didn't your DH file for CS from the mom? What
do you mean that you can't cover the interest? *To whom is he paying
interest?


Hello, thanks for your responses! My husband is no longer active duty.
We have tried twice hiring attorneys to help us but the retainer runs
out before we really get anywhere and we really can't afford to pay
more than that. I haven't ever posted here before. We do have an order
for her to pay $123 a month (big whopee!) but she doesn't pay a dime.
We live in California and she has moved with her husband to North
Carolina and has since had another child. We are trying to get our
order enforced but interstate is a long process I guess.The state of
CA charges 10% compounding interest so the $150 a month we pay doesn't
even cover that!
  #5  
Old February 9th 08, 05:40 PM posted to alt.child-support
DB[_4_]
external usenet poster
 
Posts: 266
Default Please help!!! Lots of questions about child support!


"missamira1" wrote in
The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. ?????


SO she would go on Welfare to get the extra income to supplement his Army
pay!

Nice Scam!

Problem is, the state wants their money back, has nothing to do with the
mother or showing support for his kids!



  #6  
Old February 9th 08, 10:00 PM posted to alt.child-support
Gini[_2_]
external usenet poster
 
Posts: 142
Default Please help!!! Lots of questions about child support!

"missamira1" wrote
"Gini" wrote:
"missamira1" wrote


Hello! My huband is a former NCP. We have had the kids living with us
full time for the past 2 1/2 years. Our problem we are dealing with is
a huge arrears balance that the child support agency is alledging that
he owes. The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. He was always supporting his kids as his ex
had a checkbook and bankcard with full access to their accounts. The
bank has since gone out of business so we don't know how to subpeona
records to prove any of it. My husband owes over $20,000 now and we
can't even cover the interest every month, with supporting all five of
our kids. Of course, his ex doesn't pay a dime!


Anyway, where do we start? Is there any way to stop the interest or
get anyone to listen to us or help?????


===
Your user id sounds very familiar. Did you post here before on a variation
of that id?
If the kids are with you, why didn't your DH file for CS from the mom?
What
do you mean that you can't cover the interest? To whom is he paying
interest?


Hello, thanks for your responses! My husband is no longer active duty.
We have tried twice hiring attorneys to help us but the retainer runs
out before we really get anywhere and we really can't afford to pay
more than that. I haven't ever posted here before. We do have an order
for her to pay $123 a month (big whopee!) but she doesn't pay a dime.
We live in California and she has moved with her husband to North
Carolina and has since had another child. We are trying to get our
order enforced but interstate is a long process I guess.The state of
CA charges 10% compounding interest so the $150 a month we pay doesn't
even cover that!
====
Is the entire $150 going to arrears? The arrears usually can't be waived but
I have heard of cases where a state agreed to negotiate the arrears if the
support is owed to the state, as in welfare cases. Have you asked the state
to reset arrears? Do they know you have custody of the kids? Were both
orders established in the same CA county? I am not familiar with CA family
law, CS guidelines or Rules of Procedure, but--First, I would approach the
state. Next, call the agency/court that controls CS in your county and ask
them for a pro se packet for child support modification if you are making
current payments. If they have this available, there should be forms for
subpoenas as well as instructions on how to file. You can't subpoena
anyone/anything until your hearing is set and you might have to get creative
re opening the case if it is now closed--That's where an atty. would help.
If they don't have a pro se packet available, post back and I can direct you
to a site that might have what you need. It appears you are going to have to
work in baby steps since there are so many angles to your case. Have you
tried to get a Legal Aid attorney? FWIW, My rant--if I had my way, I would
take some of the money squandered in Iraq and give it to the families of
active service personnel. Military families shouldn't have to go on welfare
during deployments. I cannot believe the *lack* of ongoing support this
government has for our troops despite its political slogan of "Support our
Troops." Those boots on the ground should be among the highest paid
military personnel. They should also have interest free mortgages and top
notch healthcare for them and their families for life. Oh, yeah, and body
armor. THAT is "Supporting our Troops!" (But, don't get me started!)


  #7  
Old February 10th 08, 02:29 AM posted to alt.child-support
Bob Whiteside
external usenet poster
 
Posts: 981
Default Please help!!! Lots of questions about child support!


"Gini" wrote in message
news:toprj.8372$0B2.2169@trnddc03...
"missamira1" wrote
"Gini" wrote:
"missamira1" wrote


Hello! My huband is a former NCP. We have had the kids living with us
full time for the past 2 1/2 years. Our problem we are dealing with is
a huge arrears balance that the child support agency is alledging that
he owes. The situation is that my husband was in the army and his ex-
wife would get on welfare whenever he was deployed. Also, she would
move back to their hometown whenever he was doing extended training or
was going to move bases. He was always supporting his kids as his ex
had a checkbook and bankcard with full access to their accounts. The
bank has since gone out of business so we don't know how to subpeona
records to prove any of it. My husband owes over $20,000 now and we
can't even cover the interest every month, with supporting all five of
our kids. Of course, his ex doesn't pay a dime!


Anyway, where do we start? Is there any way to stop the interest or
get anyone to listen to us or help?????


===
Your user id sounds very familiar. Did you post here before on a
variation
of that id?
If the kids are with you, why didn't your DH file for CS from the mom?
What
do you mean that you can't cover the interest? To whom is he paying
interest?


Hello, thanks for your responses! My husband is no longer active duty.
We have tried twice hiring attorneys to help us but the retainer runs
out before we really get anywhere and we really can't afford to pay
more than that. I haven't ever posted here before. We do have an order
for her to pay $123 a month (big whopee!) but she doesn't pay a dime.
We live in California and she has moved with her husband to North
Carolina and has since had another child. We are trying to get our
order enforced but interstate is a long process I guess.The state of
CA charges 10% compounding interest so the $150 a month we pay doesn't
even cover that!
====
Is the entire $150 going to arrears? The arrears usually can't be waived
but I have heard of cases where a state agreed to negotiate the arrears if
the support is owed to the state, as in welfare cases. Have you asked the
state to reset arrears? Do they know you have custody of the kids? Were
both orders established in the same CA county? I am not familiar with CA
family law, CS guidelines or Rules of Procedure, but--First, I would
approach the state. Next, call the agency/court that controls CS in your
county and ask them for a pro se packet for child support modification if
you are making current payments. If they have this available, there should
be forms for subpoenas as well as instructions on how to file. You can't
subpoena anyone/anything until your hearing is set and you might have to
get creative re opening the case if it is now closed--That's where an
atty. would help. If they don't have a pro se packet available, post back
and I can direct you to a site that might have what you need. It appears
you are going to have to work in baby steps since there are so many angles
to your case. Have you tried to get a Legal Aid attorney? FWIW, My
rant--if I had my way, I would take some of the money squandered in Iraq
and give it to the families of active service personnel. Military families
shouldn't have to go on welfare during deployments. I cannot believe the
*lack* of ongoing support this government has for our troops despite its
political slogan of "Support our Troops." Those boots on the ground
should be among the highest paid military personnel. They should also have
interest free mortgages and top notch healthcare for them and their
families for life. Oh, yeah, and body armor. THAT is "Supporting our
Troops!" (But, don't get me started!)


Another option might be to ask the state to apply the current CS due from
the mom towards the arrears. The state should get more aggressive at
collecting the current Interstate support order if they know they will be
the recipient of whatever money they collect.

  #8  
Old February 10th 08, 03:46 AM posted to alt.child-support
Gini[_2_]
external usenet poster
 
Posts: 142
Default Please help!!! Lots of questions about child support!

"Bob Whiteside" wrote

"Gini" wrote
"missamira1" wrote

....................
We do have an order
for her to pay $123 a month (big whopee!) but she doesn't pay a dime.
We live in California and she has moved with her husband to North
Carolina and has since had another child. We are trying to get our
order enforced but interstate is a long process I guess.The state of
CA charges 10% compounding interest so the $150 a month we pay doesn't
even cover that!
====
Is the entire $150 going to arrears? The arrears usually can't be waived
but I have heard of cases where a state agreed to negotiate the arrears
if the support is owed to the state, as in welfare cases. Have you asked
the state to reset arrears? Do they know you have custody of the kids?
Were both orders established in the same CA county? I am not familiar
with CA family law, CS guidelines or Rules of Procedure, but--First, I
would approach the state. Next, call the agency/court that controls CS in
your county and ask them for a pro se packet for child support
modification if you are making current payments. If they have this
available, there should be forms for subpoenas as well as instructions on
how to file. You can't subpoena anyone/anything until your hearing is set
and you might have to get creative re opening the case if it is now
closed--That's where an atty. would help. If they don't have a pro se
packet available, post back and I can direct you to a site that might
have what you need. It appears you are going to have to work in baby
steps since there are so many angles to your case. Have you tried to get
a Legal Aid attorney? FWIW, My rant--if I had my way, I would take some
of the money squandered in Iraq and give it to the families of active
service personnel. Military families shouldn't have to go on welfare
during deployments. I cannot believe the *lack* of ongoing support this
government has for our troops despite its political slogan of "Support
our Troops." Those boots on the ground should be among the highest paid
military personnel. They should also have interest free mortgages and top
notch healthcare for them and their families for life. Oh, yeah, and body
armor. THAT is "Supporting our Troops!" (But, don't get me started!)


Another option might be to ask the state to apply the current CS due from
the mom towards the arrears. The state should get more aggressive at
collecting the current Interstate support order if they know they will be
the recipient of whatever money they collect.

===
Good thought. It really seems like a convoluted case. Heh, I thought we'd
heard about everything around here.



  #9  
Old February 10th 08, 06:38 AM posted to alt.child-support
missamira1
external usenet poster
 
Posts: 3
Default Please help!!! Lots of questions about child support!

On Feb 9, 7:46*pm, "Gini" wrote:
"Bob Whiteside" wrote

"Gini" wrote
"missamira1" *wrote


...................
We do have an order



for her to pay $123 a month (big whopee!) but she doesn't pay a dime.
We live in California and she has moved with her husband to North
Carolina and has since had another child. We are trying to get our
order enforced but interstate is a long process I guess.The state of
CA charges 10% compounding interest so the $150 a month we pay doesn't
even cover that!
====
Is the entire $150 going to arrears? The arrears usually can't be waived
but I have heard of cases where a state agreed to negotiate the arrears
if the support is owed to the state, as in welfare cases. Have you asked
the state to reset arrears? Do they know you have custody of the kids?
Were both orders established in the same CA county? I am not familiar
with CA family law, CS guidelines or Rules of Procedure, but--First, I
would approach the state. Next, call the agency/court that controls CS in
your county and ask them for a pro se packet for child support
modification if you are making current payments. If they have this
available, there should be forms for subpoenas as well as instructions on
how to file. You can't subpoena anyone/anything until your hearing is set
and you might have to get creative re opening the case if it is now
closed--That's where an atty. would help. If they don't have a pro se
packet available, post back and I can direct you to a site that might
have what you need. It appears you are going to have to work in baby
steps since there are so many angles to your case. Have you tried to get
a Legal Aid attorney? FWIW, My rant--if I had my way, I would take some
of the money squandered in Iraq and give it to the families of active
service personnel. Military families shouldn't have to go on welfare
during deployments. I cannot believe the *lack* of ongoing support this
government has for our troops despite its political slogan of "Support
our Troops." *Those boots on the ground should be among the highest paid
military personnel. They should also have interest free mortgages and top
notch healthcare for them and their families for life. Oh, yeah, and body
armor. THAT is "Supporting our Troops!" (But, don't get me started!)


Another option might be to ask the state to apply the current CS due from
the mom towards the arrears. *The state should get more aggressive at
collecting the current Interstate support order if they know they will be
the recipient of whatever money they collect.


===
Good thought. It really seems like a convoluted case. Heh, I thought we'd
heard about everything around here.- Hide quoted text -

- Show quoted text -


Thanks so much for your responses. Yes, the whole $150 is going to the
arrears. We have the kids now and have an order for her to pay $123 a
month. She doesn't pay a dime even though right now all the arrears
that we are paying are going to her. We have not asked the state to
reset the arrears. What kind of motion would we file to do that?

Yeah she had a pretty good scam going on alright. My husband did two
deployments to Korea (each for one year) and she was on aid the entire
time even though she got all his pay except the $25 she left him to
live on a month. Also, when when he was stateside and living in the
home she never reported him back and collected then. The kicker is
that her new husband is deployed in Afghanistan right now so lord only
knows what kind of scams she's got going on now! It's crazy!!!

So how do we approach the state? Sacramento county Child support is NO
help in the matter. Would we file a motion?

And I concur on all that you said about the military. It's shameful
what we do to those risking the most for us all!

Amira
 




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