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how to file for child support



 
 
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  #31  
Old February 13th 06, 10:42 PM posted to alt.child-support
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Default how to file for child support


teachrmama wrote:

Just because it makes sense, Spidey, does not mean that that's the way it
will happen. I can imagine a lawyer up there pleading that girls need their
mothers during the difficulties of adolescence, and that mom has worked
through the difficulties she was experiencing after the birth of her second
child. She is now ready, willing, and able to be the mother that teenage
girls need and deserve. A few tears from mom, regretting past decisions,
"Oh, no, Your Honor, I don't hold their father in the least bit reponsible
for driving me away because he didn't understand post partum depression.
Why didn't I fight for my girls? I was so depressed that I was sure he
would win in court. I was too weak to stand up for myself. The intervening
years? Well, Sir, it has taken a lot of hard work on my part to get to
where I am today. But now I am ready." quavering smile on tear-streaked
face You have not experienced unfairness in court, so it is easy for you
to encourage this man to take the chance. Those who *have* experienced
unfairness are not so sure it is a good idea.


I fully understand thats not the way it always happen. However that
said.. From the info he has given, I really can't see a reason why he
would lose custody. Remember it's been over 6 yrs... we're not talking
like 1 or 2. And if what the OP states is true, the only contact she
has had with them is a few Phone Calls here and there... Bottom line
the courts are out to protect the Childrens Best Interests. The mother
is a parent the children truely don't know... A stranger almost...

The only possible way I could see the mother gaining custody is if
she could prove he has been an unfit father to his children..
Malnourishment... ext.. stuff like that. I cannot imagine a Judge in
their right mind after 6 years all of the sudden deciding to award
custody to the mother.. Maybe.. and only maybe.. if the children
expressed interest in wanting to go... but beyond that.. I just have
trouble with it.

SpiderHam77

  #32  
Old February 13th 06, 11:45 PM posted to alt.child-support
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Default how to file for child support


"SpiderHam77" wrote in message
oups.com...

teachrmama wrote:

Just because it makes sense, Spidey, does not mean that that's the way
it
will happen. I can imagine a lawyer up there pleading that girls need
their
mothers during the difficulties of adolescence, and that mom has worked
through the difficulties she was experiencing after the birth of her
second
child. She is now ready, willing, and able to be the mother that teenage
girls need and deserve. A few tears from mom, regretting past decisions,
"Oh, no, Your Honor, I don't hold their father in the least bit
reponsible
for driving me away because he didn't understand post partum depression.
Why didn't I fight for my girls? I was so depressed that I was sure he
would win in court. I was too weak to stand up for myself. The
intervening
years? Well, Sir, it has taken a lot of hard work on my part to get to
where I am today. But now I am ready." quavering smile on
tear-streaked
face You have not experienced unfairness in court, so it is easy for
you
to encourage this man to take the chance. Those who *have* experienced
unfairness are not so sure it is a good idea.


I fully understand thats not the way it always happen. However that
said.. From the info he has given, I really can't see a reason why he
would lose custody. Remember it's been over 6 yrs... we're not talking
like 1 or 2. And if what the OP states is true, the only contact she
has had with them is a few Phone Calls here and there... Bottom line
the courts are out to protect the Childrens Best Interests. The mother
is a parent the children truely don't know... A stranger almost...

The only possible way I could see the mother gaining custody is if
she could prove he has been an unfit father to his children..
Malnourishment... ext.. stuff like that. I cannot imagine a Judge in
their right mind after 6 years all of the sudden deciding to award
custody to the mother.. Maybe.. and only maybe.. if the children
expressed interest in wanting to go... but beyond that.. I just have
trouble with it.


Would you be willing to take that chance for a few dollars of child support?
Like it or not, courts are not predisposed toward single dads. If mom has
remarried and has a "stable, two-parent household" and dad is still single,
it would definitely tip things her direction. (Which isn't stated anywhere,
but is a possibility) I think the dad would do well to err on the side of
caution as far as court dealings go. He might also try for a reintroduction
of mom into the kids lives before he tries for child support.


  #33  
Old February 14th 06, 12:11 AM posted to alt.child-support
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Default how to file for child support


"teachrmama" wrote in message
...

"SpiderHam77" wrote in message
oups.com...

teachrmama wrote:

Just because it makes sense, Spidey, does not mean that that's the way
it
will happen. I can imagine a lawyer up there pleading that girls need
their
mothers during the difficulties of adolescence, and that mom has worked
through the difficulties she was experiencing after the birth of her
second
child. She is now ready, willing, and able to be the mother that teenage
girls need and deserve. A few tears from mom, regretting past
decisions,
"Oh, no, Your Honor, I don't hold their father in the least bit
reponsible
for driving me away because he didn't understand post partum depression.
Why didn't I fight for my girls? I was so depressed that I was sure he
would win in court. I was too weak to stand up for myself. The
intervening
years? Well, Sir, it has taken a lot of hard work on my part to get to
where I am today. But now I am ready." quavering smile on
tear-streaked
face You have not experienced unfairness in court, so it is easy for
you
to encourage this man to take the chance. Those who *have* experienced
unfairness are not so sure it is a good idea.


I fully understand thats not the way it always happen. However that
said.. From the info he has given, I really can't see a reason why he
would lose custody. Remember it's been over 6 yrs... we're not talking
like 1 or 2. And if what the OP states is true, the only contact she
has had with them is a few Phone Calls here and there... Bottom line
the courts are out to protect the Childrens Best Interests. The mother
is a parent the children truely don't know... A stranger almost...

The only possible way I could see the mother gaining custody is if
she could prove he has been an unfit father to his children..
Malnourishment... ext.. stuff like that. I cannot imagine a Judge in
their right mind after 6 years all of the sudden deciding to award
custody to the mother.. Maybe.. and only maybe.. if the children
expressed interest in wanting to go... but beyond that.. I just have
trouble with it.


Would you be willing to take that chance for a few dollars of child
support?


That has been my point all along....."spidey" just chooses to ignore it.

Would you risk $100 on a 95% chance of winning $5????

Like it or not, courts are not predisposed toward single dads. If mom has
remarried and has a "stable, two-parent household" and dad is still
single, it would definitely tip things her direction. (Which isn't stated
anywhere, but is a possibility) I think the dad would do well to err on
the side of caution as far as court dealings go. He might also try for a
reintroduction of mom into the kids lives before he tries for child
support.



  #34  
Old February 14th 06, 12:18 AM posted to alt.child-support
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Default how to file for child support


"SpiderHam77" wrote in message
oups.com...
I agree with Snowshoe here... The time factor alone... over 6 years
of Custody.. gives you whats known as Defacto Custody if nothing has
ever been written on paper about the Custody. Meaning that the courts
are not going to just upset the balance of the Children's lives, based
on the fact that Mommy now wants them...

I can't imagine any court ever doing such a thing.

===
The courts have done many things that we did not imagine. Yes, we are
gunshy around here--for good reason.
===


  #35  
Old February 14th 06, 01:48 PM posted to alt.child-support
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Default how to file for child support

On Mon, 13 Feb 2006 00:35:34 GMT, "DB"
wrote:


"Beverly" wrote in

But since child support had already been addressed in the divorce (and
not ordered with his consent), wouldn't retroactive support be limited
to the time he files?


True!

Arrears only accrue from the time of an order is issued unless the child is
under 6 years of age when filed and they take it all the way back to the
date of birth as in my case!


I'm pretty sure taking arrears back to the date of birth is a state by
state thing. I know I supported my children 100% during the three
years it took to get divorced and the order was not even retroactive
to the date of filing, much less the day we parted ways. I suppose I
could have argued that decision, but I really didn't care about
getting money from my ex.

My understanding is that previous rulings cannot be retroactively
undone by new rulings (barring appeal) and that a modification may be
sought, but that modifications will not be retroactive beyond the date
of filing.
Beverly
  #36  
Old February 14th 06, 02:04 PM posted to alt.child-support
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Default how to file for child support

On 13 Feb 2006 09:37:59 -0800, "SpiderHam77"
wrote:

I agree with Snowshoe here... The time factor alone... over 6 years
of Custody.. gives you whats known as Defacto Custody if nothing has
ever been written on paper about the Custody. Meaning that the courts
are not going to just upset the balance of the Children's lives, based
on the fact that Mommy now wants them...

I can't imagine any court ever doing such a thing. 6 years is a long
time... And if there have been no complications up until now.. why
would the courts step in an intervine. I find the people who are so
against the courts and how rulings are made, are the ones who have had
a ruling made against them, and not the way they wanted it to go.

SpiderHam77


I can't imagine any court granting unsupervised visitation to a child
molester either, but I've seen it done. By the way, the same judge
signed an order concerning the same family just three years earlier
which identified the man as a child molester (he admitted to being
one). Granted, the judge was dying from brain cancer at the time, but
that did not affect the enforceability of her rulings.
Beverly
  #37  
Old February 15th 06, 05:12 AM posted to alt.child-support
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Default how to file for child support


"Beverly" wrote in

I'm pretty sure taking arrears back to the date of birth is a state by
state thing.


Well, in Michigan, I owe $52,000 and I just immigrated here not long ago!


 




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