How do I get $11,000.00+ overpayment back, she has been deceitful!

For the last 2 years I have been paying child support in the amount of $1200.00/month for two children. They both go to school and my story can be found on my home page, located in my profile.

I have been shafted by the Colorado court system. I lost my children who I raised for 4+ years as SOLE custodian to a women who let her ex-boyfriend sexually abuse my daughter. She was 2 ½ at the time. I took a promotion to another hospital in another state and left for that state. My children were not allowed to go with me until we went to court.
My house sold and a new one bought, I returned to Colorado (THE GENDER BIAS CAPITAL OF THE UNITED STATES!) only to find that my 3 hour trial was switched from the magistrate to the judge. A judge who has not heard any of the many arguments we have had in our 5 year feud in pursuit of the BEST INTREST OF THE CHILDREN. I had won sole custody by a psychologist who the courts ordered to do our third custody evaluation. He was someone she picked out and the courts ordered. This was 6 months after I had won custodial custody in a evaluation done by the state.

We were not allowed to bring up any of the past hearings brought before the other judges and when reference was made it was disallowed. He had no history to base his decision on and the whole proceedings turned into a gender bias circus. In the end I was not allowed to bring the children with me. It was the worst day of my life. I was even found in contempt for accusing the judge of being "on the take!"

After at least 7 hearings and at least 5 mediations I had lost for the first time, She had found someone to listen to her bull****. He didn’t even bother to read the three evaluations. One by the state giving me custodial custody , one by the Psychologist and one by the GAL. The last two giving me Sole Custody.

She came in with a visitation schedule and child support calculations along with some lies about leaving the children in their same school and continuing with counseling for my sexually abused daughter. The courts adopted it and I had no idea if the figures were correct. I was in shock and to this day still feel that way.

In our original court order for our divorce we were ordered to exchange tax returns each year in May. Finally after 2 years of requesting them, she gave them to my lawyer.

Though her receipts were different from her taxes. The figures she used for child support were over $2,000.00 lower for each year. She was also requesting healthcare insurance in the amount of $168.00/month and her insurance was paid by her employer (per her pay stub). Along with counseling, my day care when they are with me, and my other children. All totaling up to over $11,000.00 over the past 2 years and growing. In fact I was ordered to pay some arrears that have since been paid up, at a larger amount, and that larger amount still is coming out of my pay check to this day. She won’t fix it without a court order.

Is there anyway I can get this overpayment back? Can I sue here for it or for filing false information with the courts? She knows it was false, her taxes show the real figures she is paying and she submitted them to the IRS, 2 years in a row.

If anyone has any information on this I would greatly appreciate it. She doesn’t care about the children. Just the money and it is because of this lying, that I can not talk to her about our children. It is deeply affecting the relationship with my children d/t her bad mouthing me to them. That is one of the reasons she lost custodial custody in the first place.

Thank you for all of your help,
Darrell

I Don't think I can help you legaly,,,I CAN wish you good luck...Reading your story makes my problems seem small...

Check out [url="http://www.nodeadbeat.com"]www.nodeadbeat.com[/url] They have some good links and some good advice...also [url="http://www.findlaw.com"]www.findlaw.com[/url] for state laws concerning the suit for over payment...
I'm not a lawyer but it sounds to me that it wil probably cost you as much in legal fees as your trying to get back..The court systems suck and are very callous toward us so called "dead beat dads"..

I would recommend a father's right's group, and filing with the courts for return of the overpayment. I know they've been less than satisfactory in the past(hard to believe that level of non competence sits the bench. Also, if she's under reporting, you might turn those receipts over to the court (or the DA if your lawyer thinks it's that serious)

Please tell me you are appealing!! If not you need to you can do it by your self! I can show you were to get all the information on the net for free! It would only cost 55 filing fee and court transcrips. and paper to write your appeal! If you want me to show you the info let me know! Good luck!

I will take all the help I can get. I have tried to appeal but was denied. I don't mind tring again though. Maybe they will get sick of me and finally do the right thing. Thanks for your time! <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by BonusMom:
[b]Please tell me you are appealing!! If not you need to you can do it by your self! I can show you were to get all the information on the net for free! It would only cost 55 filing fee and court transcrips. and paper to write your appeal! If you want me to show you the info let me know! Good luck![/b]<HR></BLOCKQUOTE>



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