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Custodial father wishing to modify! Please help!

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bigred69339

Guest
Custodial father wishing to modify! Attorney/anyone PLEASE!

Hello
I am the custodial father of two girls ( 6 and 8 ). The kids were 2 and 4 when divorce went through. I currently recieve only 29$ / month as the only support from thier mother. There is nothing in the decree about uncovered medical costs or dental costs. I pay health insurance as well.
Many things have changed since the order was put in place:
1) Ex now has a job.
2) Ex now lives 3.5 hours away one way.
3) Kids are now in school.
4) Ex is remarried and has a new baby
5) I am remarried and we are expecting a baby.
Visitation is every other weekend and every wednessday and thursday during the week with wednessday being an overnight stay.
The midweek visitation has never been excercised and the ex gets credit for it in the CS calculation.
The ex. has been delinquent on child support since the first summer because she doesnt feel she has to pay in the summer even though the order says otherwise.
Ex. has kids on welfare (that has to be fraud doesnt it?) just found that out. I am in Nebraska and she has them on South Dakota Welfare.
She also has claimed both the children on taxes once and she is only supposed to claim the older child and that is if she is current on support! (which she is not)
Many other factors but lets just leave it at that for now!
My Question is: Can I get a modification on CS and get the midweek visitation removed since it isnt used and it affects the support calculation!
What are the risks involved (I dont want to jepardise my custody of two daughters).
I also would like to get something in the order about uncoverd medical costs! Both kids are going to need Orthodontal care! What about that??

Sorry this is so long. There is actually much more but hopefully this will get things started!!
Thanks so much for any advice!!
Bigred
 
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CMSC

Senior Member
man I thought my child support order was bad ($50 a month) how did she get by with $29, the minimum now is $50. you ahve definite grounds for modification contact your local CSE office, the midweek visitation should be important because it changes the amount of time the mother is contributing to the children. her being remarried and having a new baby (as well as you too) has no bearing on your case. your ex should have reported to the court that she has a job. Yes it is illegal for her to get welfare for children she does not have custody of especially if they don't live with her! Try this contact for the Health and Human Services in South Dakota, I am sure they can help,
REGION VIII
Rogers Federal Office Building
Room 1185
1961 Stout Street
Denver, CO 80294-3538
(303) 844-2024
TDD: (303) 844-3439
 
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bigred69339

Guest
Will i need a lawyer to get all these things changed?? I wish i could do it myself as i am still paying for the 35,000 dollars the first battle cost me!! how much am i looking at in lawyer fees to get all this done??
thanks
bigred
 

jfk

Member
Re: Custodial father wishing to modify! Attorney/anyone PLEASE!

bigred69339 said:
Hello
I am the custodial father of two girls ( 6 and 8 ). The kids were 2 and 4 when divorce went through. I currently recieve only 29$ / month as the only support from thier mother. There is nothing in the decree about uncovered medical costs or dental costs. I pay health insurance as well.
Many things have changed since the order was put in place:
1) Ex now has a job.
2) Ex now lives 3.5 hours away one way.
3) Kids are now in school.
4) Ex is remarried and has a new baby
5) I am remarried and we are expecting a baby.
Visitation is every other weekend and every wednessday and thursday during the week with wednessday being an overnight stay.
The midweek visitation has never been excercised and the ex gets credit for it in the CS calculation.
The ex. has been delinquent on child support since the first summer because she doesnt feel she has to pay in the summer even though the order says otherwise.
Ex. has kids on welfare (that has to be fraud doesnt it?) just found that out. I am in Nebraska and she has them on South Dakota Welfare.
She also has claimed both the children on taxes once and she is only supposed to claim the older child and that is if she is current on support! (which she is not)
Many other factors but lets just leave it at that for now!
My Question is: Can I get a modification on CS and get the midweek visitation removed since it isnt used and it affects the support calculation!
What are the risks involved (I dont want to jepardise my custody of two daughters).
I also would like to get something in the order about uncoverd medical costs! Both kids are going to need Orthodontal care! What about that??

Sorry this is so long. There is actually much more but hopefully this will get things started!!
Thanks so much for any advice!!
Bigred
I would go to your court and file a modification of visitation and child support. Go the the court information and ask where you can get the forms. (they are usually really nice about it.) See if you can subpeona her wages from her employer. (ask the court clerk for the forms) You should file that first, before the modification. That way you have copies of her wages, just in case she doesn't provide them for the modification hearing. Also file for the back support she hasn't paid for the summer visitation. If it states on the Order that she has to pay C/S even during summer visits, then she OWES you. Most court have help centers to help you file out the forms, if you find them confusing. I would also file on your modification about paying half of the unreimbursed health insurance. So when you file your modification for child support and visitation mention on the forms the C/S, her new job, the Tax filing, the visitation, the back C/S she owes and the ins. stuff.
Child Custody and Child Support orders, even when contained in a Judgment or Decree of Divorce, are always modifiable when there are changed circumstances that meet the statutory or other legal requirements of your state -- such as change in the living environment or health of the child (usually NOT a change in the non-custodial parent's living arrangements), or a change in the financial status of EITHER parent.
I found out this information regarding ins. and C/S for Nebraska:


NEBRASKA CHILD SUPPORT GUIDELINES

O. Health Care. Children's health care needs are to be met by requiring either parent to provide health insurance as required by state law, and the court may apportion all nonreimbursed children's health care costs between the parents according to the same formula used to determine each parent's share of support.

Q. Modification. Application of the child support guidelines which would result in a variation by 10 percent or more, upward or downward, of the current child support obligation, due to financial circumstances which have lasted 3 months and can reasonably be expected to last for an additional 6 months, establishes a rebuttable presumption of a material change of circumstances.

Here is the website:
http://court.nol.org/rules/rulesindex.htm


Also about the Welfare fraud. She is committing fraud!! I got the infor. for South Dakota

Welfare Fraud is a Crime
ORFI usually receives allegations of welfare fraud either from caseworkers who regularly work with welfare recipients or from the general public through the office’s Welfare Fraud Hotline (1-800-765-7867).

If you want to file a report online here is the website. You can even be anonymous.
http://www.state.sd.us/social/Recoveries/WelfareFraud/report.htm

Aslo about losing custody. Don't worry. She has to prove that you are unfit and you are not in the best interest of the girls. She would have to file for a custody hearing.

Determination in Best Interest of the Child means that the court shall consider, among other factors it finds relevant, all of the following: (a) health, safety and welfare of the child; (b) history of abuse by one parent or any other person seeking custody against any of the following -- child, the other parent, and others as identified in the statute; (c) the nature and amount of contact with both parents; (d) habitual or continual drug use.


Here is the website for Nebraska Statutes and Constitution. They have a search button and you can look up codes there.
http://statutes.unicam.state.ne.us/default.asp

I hope this helps. Good Luck.
 
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bigred69339

Guest
Hello and thank you so much for the post!!
I am from a very small town and I went to the court house for help with these forms and was told that they couldnt help me. I also went to the Child support enforcement office and the lady there hasnt done a thing. She pulled up on the computer and it showed that my ex is behind on payments but i guess she opted not to do anything about it! I also asked for a payment history because I need one to send to the IRS ( i am filing ammended returns back to the date that she was in arrears on CS so that i can claim both children) and all she supplied me with only went back to june of 2001. I told her i need the history to go back to March of 1998 and she told me she couldnt get records that far back! I went over her head and asked the state for the same and basically got the same answer!
IRS told me if i could produce such proof that they would support my decision to claim both children if i would send them a copy of the decree stating that she has to be current on support and the History info!
Anyway; I cant get any help out of any of the offices set up for these things so i guess they win and i will have no choice but to pay big bucks to an attorney! Probably for the best anyway but I would have liked the opportunity to explore my options on my own! It is a little hard for me to justify spending this money on an attorney when it could be going to my kids!
There are just so many things left out of the decree that i really think i need to go ahead with the modification! ( no mention of uncovered medical, unused visitation, etc. etc. etc)
Thanks again for the help.
bigred
 

jfk

Member
Sorry to hear that. Maybe you can ask the attornery and the court to have her pay for your attonery cost and fees. I found this on the Nebraska Statutes and Constitution wesite. Here is the website.
http://statutes.unicam.state.ne.us/default.asp

42-726
Costs and fees.
(a) The petitioner may not be required to pay a filing fee or other costs.(b) If an obligee prevails, a responding tribunal may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurred by the obligee and the obligee's witnesses. The tribunal may not assess fees, costs, or expenses against the obligee or the support enforcement agency of either the initiating or the responding state, except as provided by other law. Attorney's fees may be taxed as costs, and may be ordered in the attorney's own name. Payment of support owed to the obligee has priority over fees, costs, and expenses. c) The tribunal shall order the payment of costs and reasonable attorney's fees if it determines that a hearing was requested primarily for delay. In a proceeding under sections 42-736 to 42-747, a hearing is presumed to have been requested primarily for delay if a registered support order is confirmed or enforced without change.
I also found out about information regarding you child support through Child support enforcement office in Nebraska website. Here is the website: Good Luck!!

http://www.hhs.state.ne.us/cse/payinfo.htm



Payment Information
Calculation of the Monthly Child Support If there is a court order, the order sets the amount of the child support payment based on the Nebraska Child Support Guidelines. These guidelines are determined by the Nebraska Supreme Court.

Arrears Calculations
The Child Support agency keeps track of the child support that is paid. If payments are overdue, they will keep adding up or accruing. This is called an "arrears" or "arrearage" calculation. Interest is charged on overdue support and added to the arrearage balance. Some enforcement methods are only used when the arrearage reaches a certain amount. So, it is important to know how much past-due support is owed.

Where Support Payments Go
Parents who owe child support (called obligors) are to pay it to the Nebraska Child Support Payment Center. Prior to the last week of December, 2001, payments were sent to the Clerk of the District Court.
After the payment is recorded, the money is distributed according to state and federal law. A computer checks to see if the incoming payment should go to the family or if it should be retained by the state to pay for public assistance costs for the family. Sometimes an obligor has more than one family who have child support orders. If the obligor pays less than the total amount ordered, the law requires that the amount paid must be divided between all the children. This "share and share alike" rule is new. In the past, the payment could go to just one family.
Payment History
The history of your payments is available at different places.
1. You can see your most recent payment history at the Nebraska Child Support Payment Center's website or you can call toll-free 1-877-631-9973.
2. If you would like a copy of the payment history information, you can call either the HHS Child Support Enforcement Division at 1-800-831-4573 or the Clerk of the District Court.
Certification of Payment History and Arrears
If a certified copy of a payment record is required, you may need to make two separate requests.
1. For certified records of payments made after December 21, 2001 contact the HHS Child Support Certification Unit at 1-800-831-4573 or FAX them at 402-479-5095. The certifiers will need identifying information in order to respond to your request--your name, address, FAX, phone number, the names of the parties, county of the court order and the court order number.
The records which the HHS Child Support Certification Unit can certify include only the following judgments:
1. Child Support
2. Spousal Support or Maintenance when ordered in conjunction with a child support order
3. Medical Support
4. Genetic Testing
5. Medical Reimbursement
6. Grant Reimbursement
2. If you require certification of payments made prior to December 22, 2001, please contact the Clerk of the District Court in the county where the order was filed. The Clerks also continue to retain responsibility for certification of payments made on judgements not listed above. This would include such things as spousal support when not connected to a child support order, child care, property settlements, court costs, and attorney fees.

For more information, contact:
Nebraska Department of Health and Human Services
Child Support Enforcement
P.O. Box 94728
Lincoln, NE 68509-4728
Phone: (402) 441-8715, 1-877-631-9973 (toll-free)
 
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bigred69339

Guest
Thankyou once again!!
I feel that there are enough problems with the current situation to merrit my persuit of a modification. I would like to put some money away for the children for college but without the help of the mother i just dont see this happening! Do you feel i am justified or should I just be happy with the current situation and live with it? I am so very grateful to be able to raise my children but i really dont feel that i am out of line in my wanting some of these situations addressed!
These links are great thankyou so much for your time!!!
bigred
 

jfk

Member
I most certainly do feel you are justified!!!!!!!!!!!! No way can you be helped rasing children with just $29 a month. That is BOLOGNA!! (would use a more chosen word, but don't want to be edited!) Good luck with your conquest and may god speed!
 

CMSC

Senior Member
I am from a small town in nebraska too, don't let that get you down, keep getting on them for the information you need. I would think you could atleast set up a free consultation with an attorney and see what they would suggest, believe it or not alot of attorney's will try to do what is most cost effective for you. You may also want to contact your county attorney, from the zip code on the end of you i.d. it shows you live in crawford, if that is correct, so just call the Dawes County Attorney and see what they have to say. Do you know that you can also set up direct deposit with CSE now and that way you can access payment records online and print them out to show where your ex misses payments.
Another option is contacting Nebraska Legal Services, here is the number in Omaha, they may be able to give you more advice.
JFK, I want to thank you for all the input and links you have put into this post, they were very helpful to me as I amsure they will be to other people.

Nebraska Legal Services
500 South 18th St. 3rd Floor
Omaha, NE 68102-2588
(402) 348-1060
http://www.las-omaha.org/
 
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bigred69339

Guest
Thankyou both for all the effort!
I looked into Nebraska Legal Services as well but I farm and ranch and although my net income (what should count) is very low, my gross income is high. They say i wont qualify for the service!! Im getting doors slammed in my face everywhere i look it seems!! Oh well such is life!
Good luck with your april hearing!! Keep your chin up things will work out! (at least that is what i tell myself :) lol )
take care and if i can be of any help to either of you just let me know!!!
bigred
 

CMSC

Senior Member
did you try contacting the dawes county attorney? go to the top ask to speak to anyone and everyone's superior, contact the state CSE not just local. how did you know i had a hearing in april?
 
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cseo

Guest
First, yes if she has the children on economic assistance and they do not reside with her that is fraud and should be reported to the state agency she is receiving assistance from. i do not understand why your c/s worker can not give you an accurate affidavit of arrears? Even if they only had the records in their computer system since 2001, she should take the court order and prepare a handwritten affidavit of arrears. How long has it been since you had a review of your case? Why hasn't your cseo referred the ncp (non custodial parent) for contempt? modification? medical support? (insurance) I would contact her or his supv. and find out the status of your case. if you get no satisfaction there, i would contact the state office that handles human services/social services in your state. As for the visitation, you most likely will have to hire a private attorney ( you would in Ms. not sure about Nebraska)
 
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bigred69339

Guest
CSEO
I dont know why I cant get any help out of them. I have been to the CSE Lady a couple of times! I have heard through the grape vine that she is very pro woman so i guess it doesnt matter to her that my ex is in arrears. Also at only 29 dollars a month it doesnt add up to look like much!
I have contacted the state office and they just send me back to the local office, it is all very frustrating!
I have been putting the 20 bucks in a savings account for the kids and after 4 years of support there is still only 990 +/- dollars in it. LOL that is pathetic!!
As for your question about the case being reviewed i guess it probably never has been, i really dont even know what you are talking about! Is the state supposed to review each case occassionally or something? If so they havent. I hear people say that the minimum child support cant be less than 50 dollars / month but that isnt the way it works in my case.
anyway thanks for responding to my post. I really appriciate it!!
bigred
 
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cseo

Guest
hey bigred, i can only speak for MS. but you are entitled to a review every three years for certain, and before that if there is a material change in circumstances. i really feel for you, you could be right about "your" worker, could be pro woman, but i still do not understand state office not doing anything. i would ask her what policy is on case reviews. people like that should not be in the position that they are in. i know i have had to make some people very mad (like when you freeze their bank account for child support arrears) but i am only doing my job. however, i always try to put myself in there position and treat people the way i would expect to be treated. too many times men are bashed for no good reason, and women because they are women can get away with things a man could not. yes, i am a woman. i am a child support enforcement officer and i am proud to say i have had a couple of guys tell me that i was the first person they have dealt with at dhs that treated them like a human being. did you know that if a blood test is done in ms, and the man is found to be the father he has to pay for the blood test; if this woman names this man and he is not the father, guess who pays for the bloodtest? not the woman, but the state. i think the woman should have to pay. furthermore, she should know who the father of her child is. back to your question, if you can't get any satisfaction with your local or state child support agency, my next step would be to call your state rep. and yes they will (in ms for sure) check into it. good luck to you... i will be checking back.
cseo.
 

CMSC

Senior Member
Hey bigred, anxious to see how things are going for you. Have gotten any farther with the CSE office? Keep us informed and let me know if there is anything else I can do to help.
 

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