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point, superceded by a subsequent order that vacated her order.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

==
==

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

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