Courts keep hearing case they don't have.

[45Frank]

What is the name of your state (only U.S. law)? Live in NC case was in NJ
I know this isn't a forum to complain but I need to know what to do next time.
Ex wife keeps me in court in wrong places and some Judges scold her several times others hear the case. My ex has given up her parental rights a few years back, we hadn't heard from here in years, she owed $20,000.00 plus in CS. And she had been in jail. This case was legally moved out of NJ about 6-7 years ago to NC. Had attorneys do the work, NP. When the PR were terminated I said I wanted nothing but back CS well the judge said even though her PR were severed she still has the obligation to support them I didn't care.
My problem is she CONTINUES to file papers in court in NJ. The first time I got a lawyer and the Judge scolded her and said Miss _________ you have no parental rights, your in the wrong court and he told her unless there was a procedural error even the other state wouldn't be able to help her and told her to get an attorney in NC. In ct less then 2 minutes and my attorney charged $600.00 my problem I know. She walked out and filed the same paper work in the same court, that never went anyplace as the same judge seen it. She walked out and filed the same paper work again in the same court. This time she kept changing things til she got the most liberal judge probably in the state. I was never even told of the court date and Judge being changed until the day before, I live 700 miles away. My attorney now being tired of her and the fact I owe him 600.00 or so told me you go in front of the judge show him the previous orders saying she was in the wrong court/state and the order showing her P.R. were terminated and some law code about the case being in NC and NJ not having jurisdiction.
Well we did this over the phone because the judge wouldn't change the date and I didn't have time to get there. The ex lied about everything he asked her from being notified of court dates about the P.R. termination hearing to saying she had affidavits from my family saying I wouldn't allow the kids to see her or my family all lies. This judge cut her arrears by 3,000.00 because he felt she was paying to much, cut down the arrears payment from 100 per week to 17. It'll take her like 20 years to pay that off plus what's still accruing.
He then asked me if I had anything to add and I did exactly what my attorney said, explained she was in the wrong state, he said I'll hear anything I want to in my court, I then explained she was served with the P.R. termination papers he said well not in my court, he had the prove that she was served in a jail on NJ by the sheriff.
This judge then starts to ask me personal questions and I did get a little mad but kept cool. I am disabled and he asked why, how long, what were my illness, things my ex. doesn't need to know about my illness', when was my last eval. Then asked questions about my disability hearing 6 years earlier and I said nicely sir I had an attorney for this and don't know the answers to your questions and don't think it's any of the court business. Wrong thing to say.
Well he lowered all her payments even though her and her husbands income in three times mine and they have no liabilities. She was told for the third time now buy a second judge to file any more motions in NC not NJ.

Well she has now filed again for visitation in the same court, she has no parental rights.

What can I do other then go up there again in front of the same judge.
I am 20 thousand in debt from lawyers and if I do this my self again I will be hammered. She now knows how to change judges to her liking and I don't even find out until the day before from 700 hundred miles away.

The attorney in NJ says he can appeal but wants the 600 I owe and a 5,000.00 retainer.
The attorney in NC says just ignore the court dates and orders until she comes down her as long as you don't ever plan on going back to NJ.
Any suggestions please. The stress and debt is killing me. Literally.
Also I am now up for review with SS because he and my ex. think I could work, how can he dabble into SS which he has no control over.

 

[mistoffolees]

I'm not going to second guess your attorney.

The only thing I'll add is that when she files one of these frivolous suits, you should be asking for her to pay your attorney's fees. You might never collect it, but if you have enough judgments against her, it will mess up her credit rating and she may need to pay at some point to buy a house or whatever.

Also, you need to forget about her husband's income. It's completely irrelevant. The only thing that matters is her income. If she isn't working, you can ask for full time income to be imputed to her. Presumably, if you ask for a change in future CS, that would occur in NC. I don't know if NC could do a change in the arrears, though.

 

[LdiJ]

What is the name of your state (only U.S. law)? Live in NC case was in NJ
I know this isn't a forum to complain but I need to know what to do next time.
Ex wife keeps me in court in wrong places and some Judges scold her several times others hear the case. My ex has given up her parental rights a few years back, we hadn't heard from here in years, she owed $20,000.00 plus in CS. And she had been in jail. This case was legally moved out of NJ about 6-7 years ago to NC. Had attorneys do the work, NP. When the PR were terminated I said I wanted nothing but back CS well the judge said even though her PR were severed she still has the obligation to support them I didn't care.
My problem is she CONTINUES to file papers in court in NJ. The first time I got a lawyer and the Judge scolded her and said Miss _________ you have no parental rights, your in the wrong court and he told her unless there was a procedural error even the other state wouldn't be able to help her and told her to get an attorney in NC. In ct less then 2 minutes and my attorney charged $600.00 my problem I know. She walked out and filed the same paper work in the same court, that never went anyplace as the same judge seen it. She walked out and filed the same paper work again in the same court. This time she kept changing things til she got the most liberal judge probably in the state. I was never even told of the court date and Judge being changed until the day before, I live 700 miles away. My attorney now being tired of her and the fact I owe him 600.00 or so told me you go in front of the judge show him the previous orders saying she was in the wrong court/state and the order showing her P.R. were terminated and some law code about the case being in NC and NJ not having jurisdiction.
Well we did this over the phone because the judge wouldn't change the date and I didn't have time to get there. The ex lied about everything he asked her from being notified of court dates about the P.R. termination hearing to saying she had affidavits from my family saying I wouldn't allow the kids to see her or my family all lies. This judge cut her arrears by 3,000.00 because he felt she was paying to much, cut down the arrears payment from 100 per week to 17. It'll take her like 20 years to pay that off plus what's still accruing.
He then asked me if I had anything to add and I did exactly what my attorney said, explained she was in the wrong state, he said I'll hear anything I want to in my court, I then explained she was served with the P.R. termination papers he said well not in my court, he had the prove that she was served in a jail on NJ by the sheriff.
This judge then starts to ask me personal questions and I did get a little mad but kept cool. I am disabled and he asked why, how long, what were my illness, things my ex. doesn't need to know about my illness', when was my last eval. Then asked questions about my disability hearing 6 years earlier and I said nicely sir I had an attorney for this and don't know the answers to your questions and don't think it's any of the court business. Wrong thing to say.
Well he lowered all her payments even though her and her husbands income in three times mine and they have no liabilities. She was told for the third time now buy a second judge to file any more motions in NC not NJ.

Well she has now filed again for visitation in the same court, she has no parental rights.

What can I do other then go up there again in front of the same judge.
I am 20 thousand in debt from lawyers and if I do this my self again I will be hammered. She now knows how to change judges to her liking and I don't even find out until the day before from 700 hundred miles away.

The attorney in NJ says he can appeal but wants the 600 I owe and a 5,000.00 retainer.
The attorney in NC says just ignore the court dates and orders until she comes down her as long as you don't ever plan on going back to NJ.Any suggestions please. The stress and debt is killing me. Literally.
Also I am now up for review with SS because he and my ex. think I could work, how can he dabble into SS which he has no control over.

Its true that you could ignore any court orders from NJ. However, like your NC attorney said that only is feasible if you never plan to go to NJ again. NC has jurisdiction and has terminated her parental rights therefore any orders made by NJ, regarding the children, would be invalid/illegal orders.

However, I still wouldn't recommend blowing off the court date. I would recommend going without an attorney. Take the orders showing that her parental rights were terminated in NC, and whatever docs to have to prove that NJ judges have been telling her to stop filing in NJ.

 

[BL]

Ask the orders be found frivolously filed ,attorney fees and fines .

The Judge may order attorney fees ( collecting is another story ) and admonish the petitioner IF another frivolous petitioned is filed a hefty fine will be imposed .

In a NY case ,the other party and attorney was warned of up to a $10,000.fine if the filed another frivolous petition .

That put an end to them.

 

[CJane]

If her parental rights were actually terminated, why is there still an active child support case? You said that she's still accruing arrears - normally, if rights are terminated (total severing of rights), then obligations are severed as well.

Are you CERTAIN her rights were terminated and it wasn't just that you were awarded sole custody?

 

[stealth2]

I was wondering the same - whether her visitation rights were simply dropped, rather than a TPR.

 

[45Frank]

If her parental rights were actually terminated, why is there still an active child support case? You said that she's still accruing arrears - normally, if rights are terminated (total severing of rights), then obligations are severed as well.

Are you CERTAIN her rights were terminated and it wasn't just that you were awarded sole custody?

At the hearing to terminate her P.R I said I didn't want anything from her. Weeks later I received a letter from the court in NC and Probation in NJ stating that because P.R. were discontinued Support is still required. The law was there but I don't remember the statue at this time. So it was lowered to a min. of $17.00 per week. We'll in court he even took thousands off of the arrears. Like I said she was paying $100.00 per week of the arrearage he lowered that. I just want the arrearage actually.
My attorney has asked for her to pay as it's in our divorce papers whoever brings suit pays the others attorneys fees. The judge stated don;t even go there.

 

[CJane]

At the hearing to terminate her P.R I said I didn't want anything from her. Weeks later I received a letter from the court in NC and Probation in NJ stating that because P.R. were discontinued Support is still required.

You need to find that paperwork.

Yesterday.

And then you need to tell us exactly what it says.

 

[st-kitts]

What a mess. She may be a danger to the children, and you may have very legitimate reasons for keeping her from them. On the other hand, she sure does sound persistent.

If you haven't already prepared yourself for the fact that if she hasn't given up on the kids by now, she may never give up, you might want to make those mental preparations now. Your kids will turn 18 someday. She will then get to present all the evidence to them of how hard she tried to be involved in their life and how you denied them their mommy.

Why don't you want the mom in the kid's life?

 

[45Frank]

I know it's been a while but have been sick again. The reason I don't want her to see the kids and the courts agreed is she is a habitual drug addict, one of the last times she took them she left them in a hotel room in A/C while she went out, they were 6 and 11 at the time and my oldest called me yelling someone was trying to get in, it was one of her suppliers she owed money to. Another time she left my youngest at a pool and just went off again I was called by the hotel/local PD and she tried to blame me but they seen her there with the kids. My daughter ended up with burns from being out in the sun all day and is scarred for life, they could have been kidnapped and she would have never known. She also has been in and out of jail nearly the entire time since our divorce then she just disappeared for around 6 years. I did find the paper with the law about child support even though her rights have been terminated I put it away and will get it the next few days.
Good day to all.

 

[Just Blue]

I know it's been a while but have been sick again. The reason I don't want her to see the kids and the courts agreed is she is a habitual drug addict, one of the last times she took them she left them in a hotel room in A/C while she went out, they were 6 and 11 at the time and my oldest called me yelling someone was trying to get in, it was one of her suppliers she owed money to. Another time she left my youngest at a pool and just went off again I was called by the hotel/local PD and she tried to blame me but they seen her there with the kids. My daughter ended up with burns from being out in the sun all day and is scarred for life, they could have been kidnapped and she would have never known. She also has been in and out of jail nearly the entire time since our divorce then she just disappeared for around 6 years. I did find the paper with the law about child support even though her rights have been terminated I put it away and will get it the next few days.
Good day to all.

You need to pull out the last CO and state, word for word, (sans names and id'ing info), what it says in regards to the TPR. Per your postings it actually sounds more like the visitation rights were terminated. Please clarify.

Thanks.
Blue

 

[45Frank]

OK I'm back and the case was in court again but I wasn't, this is getting so old it's not funny.

The paper work says BASED upon aforementioned Findings of Fact and Conclusions of law IT IS HEREBY ORDERED, ADJOURNED and DECREED that the Parental Rights of the Respondent ____ ________, to the minor child, _____ _______, be and hereby are terminated,
This Order for TERMINATION RIGHTS dated this __ day of August, 2007.

Judges signature and seals below.

Ok I again received a notice of court hearing in NJ about 2 weeks ago to suspend her CS and Arrears due to mental illness. As I said I had no problem with the CS side but the arrears are $20,000.00 and I want that. I answered and could not travel so I was told to send in response with a number I could be reached at which I did. I called the day before to make sure it was received and guess what. It was heard two day early and I never was notified my NO BODY! I first talked with a secretary of some sort who had no idea who, when or way it was changed. I explained she was in the wrong court and so on, she sends me to a hearing officer who heard the case, what is a hearing officer anyway? He and I talked for 15 minutes and he was very very nice and says he has no idea why it was changed he just hears what's presented him. He read the entire packet and says oh I see this case was moved to NC and I shouldn't have even entertained this case. No poo. He said he can not change the ruling. Well he ruled to suspend all collections for 90 days do to her having a Dr's note stating she isn't mentally capable of working. And her to go back to the county where she lives to file for a motion to terminate CS.
Why? because she sued Workers Comp. and the courts are holding around $6,000.00 plus a fed. income tax return of $3,000.00 that were all due to me, she figures if all is terminated she will get it and not me.
I called the attorney in NJ and he says even though there was a mistake and it shouldn't have been heard I have to appeal and he wants a $5,000.00 retainer. The Attorney down here says it seams as thought no matter the Courts in NC rules NJ will not abide by the ruling anyway.
So is there any one I could write to about the NJ courts not abiding by NC rulings. Going to court in NC and getting a motion as my attorney has said is a waste of time because NJ just ignores it.
I also found out she used our children on her income tax which is why it's so much, she had no right to do that. She did it once before and the IRS took the money from me even though I sent them everything they asked. The final word was we know where your at.
What can I do? I could really use the money to pay mostly attorney bills I still owe.

 

[Isis1]

OK I'm back and the case was in court again but I wasn't, this is getting so old it's not funny.

The paper work says BASED upon aforementioned Findings of Fact and Conclusions of law IT IS HEREBY ORDERED, ADJOURNED and DECREED that the Parental Rights of the Respondent ____ ________, to the minor child, _____ _______, be and hereby are terminated,
This Order for TERMINATION RIGHTS dated this __ day of August, 2007.

Judges signature and seals below.

Ok I again received a notice of court hearing in NJ about 2 weeks ago to suspend her CS and Arrears due to mental illness. As I said I had no problem with the CS side but the arrears are $20,000.00 and I want that. I answered and could not travel so I was told to send in response with a number I could be reached at which I did. I called the day before to make sure it was received and guess what. It was heard two day early and I never was notified my NO BODY! I first talked with a secretary of some sort who had no idea who, when or way it was changed. I explained she was in the wrong court and so on, she sends me to a hearing officer who heard the case, what is a hearing officer anyway? He and I talked for 15 minutes and he was very very nice and says he has no idea why it was changed he just hears what's presented him. He read the entire packet and says oh I see this case was moved to NC and I shouldn't have even entertained this case. No poo. He said he can not change the ruling. Well he ruled to suspend all collections for 90 days do to her having a Dr's note stating she isn't mentally capable of working. And her to go back to the county where she lives to file for a motion to terminate CS.
Why? because she sued Workers Comp. and the courts are holding around $6,000.00 plus a fed. income tax return of $3,000.00 that were all due to me, she figures if all is terminated she will get it and not me.
I called the attorney in NJ and he says even though there was a mistake and it shouldn't have been heard I have to appeal and he wants a $5,000.00 retainer. The Attorney down here says it seams as thought no matter the Courts in NC rules NJ will not abide by the ruling anyway.
So is there any one I could write to about the NJ courts not abiding by NC rulings. Going to court in NC and getting a motion as my attorney has said is a waste of time because NJ just ignores it.
I also found out she used our children on her income tax which is why it's so much, she had no right to do that. She did it once before and the IRS took the money from me even though I sent them everything they asked. The final word was we know where your at.
What can I do? I could really use the money to pay mostly attorney bills I still owe.

i'm thinking that maybe there should have been some wording about "obligations shall be terminated". there has to be something in that state's law that was supposed to include that. that's the only thing i can think of.

honestly....all this trouble? i would have said "screw it". keep the back child support and go away.

 

[45Frank]

OK about two weeks ago I was on the CS website and again seen there's another court date in another NJ county.
So I called to the court clerk in the family division and was told she filed a motion this time to terminate all CS as well as all arrears. I told them I never received anything from the courts or her, they forwarded me to the Judges law clerk who told me to write a letter to the courts and explain everything and I did.
I get a call this week and it's from the Juge asking if I want to participate in the hearing and of course I said yes. Well she ripped into my EX for a solid 5 minutes asking her why she continues to file motions after being told several times she has to in NC. Well the ex did her best to act dumb but the judge at one point raised her voice and said HELLO ARE YOU LISTENING TO ME.
My question is the Judge said on the record that the Judge several hearings ago who deducted I think it was $3,500.00 in arrears just because had no jurisdiction what so ever to do so.
If she does come to NC and files the motions can I ask or would it be legal for the NC judge to add that back to the arrears?

Also about 4 years ago I received one of her Tax returns from CSE.. Several months later the IRS took it out of my CS account, they debited by account every week until the entire amount was paid back, yet she got credit for paying me because CSE said once it leaves them they are not responsible. Can a Judge add that back to the arrears?
I did contact the IRS and said we have been divorced for more then 10 years and I was told and I quote "we know where you're at and not her".
OK the reason I am not just walking away is because she owes about $20,000.00 and has filed for SSDI, if she is successful will they garnish what she is to get? Will they pay me first?

 

[LdiJ]

OK about two weeks ago I was on the CS website and again seen there's another court date in another NJ county.
So I called to the court clerk in the family division and was told she filed a motion this time to terminate all CS as well as all arrears. I told them I never received anything from the courts or her, they forwarded me to the Judges law clerk who told me to write a letter to the courts and explain everything and I did.
I get a call this week and it's from the Juge asking if I want to participate in the hearing and of course I said yes. Well she ripped into my EX for a solid 5 minutes asking her why she continues to file motions after being told several times she has to in NC. Well the ex did her best to act dumb but the judge at one point raised her voice and said HELLO ARE YOU LISTENING TO ME.
My question is the Judge said on the record that the Judge several hearings ago who deducted I think it was $3,500.00 in arrears just because had no jurisdiction what so ever to do so.
If she does come to NC and files the motions can I ask or would it be legal for the NC judge to add that back to the arrears?

Also about 4 years ago I received one of her Tax returns from CSE.. Several months later the IRS took it out of my CS account, they debited by account every week until the entire amount was paid back, yet she got credit for paying me because CSE said once it leaves them they are not responsible. Can a Judge add that back to the arrears?
I did contact the IRS and said we have been divorced for more then 10 years and I was told and I quote "we know where you're at and not her".
OK the reason I am not just walking away is because she owes about $20,000.00 and has filed for SSDI, if she is successful will they garnish what she is to get? Will they pay me first?

I don't believe that SSDI can be garnished. (I am not 100% certain however). If your child is still of child support age however, your child will receive a child's benefit. You have to apply for it.