New Identity

[rppearso]

What is the name of your state (only U.S. law)? AK

How would you transfer professional licences to a new identity that you created due to excessive court orders that were preventing you from being able to live (ie not due to illegal activity). I have a friend who is being subjected to excessive court orders in a ex wife child support case. If the court were making it unreasonable to be able to maintain a living that you had to create a new identiy how could you transfer professional licences to your new identity or is leaving the country to a country that does not have reciprocity with the USA the only way to get out of it?

[Stevef]

Originally Posted by rppearso

What is the name of your state (only U.S. law)? AK

How would you transfer professional licences to a new identity that you created due to excessive court orders that were preventing you from being able to live (ie not due to illegal activity). I have a friend who is being subjected to excessive court orders in a ex wife child support case. If the court were making it unreasonable to be able to maintain a living that you had to create a new identiy how could you transfer professional licences to your new identity or is leaving the country to a country that does not have reciprocity with the USA the only way to get out of it?

I doubt professional licenses are transferable, although some licenses (real estate broker) can be held by fictitious persons.

In any event, I doubt that would get you around a court order.

[cyjeff]

Why would we help a dad avoid his financial responsibility to his children?

[Proserpina]

Originally Posted by rppearso

What is the name of your state (only U.S. law)? AK

How would you transfer professional licences to a new identity that you created due to excessive court orders that were preventing you from being able to live (ie not due to illegal activity). I have a friend who is being subjected to excessive court orders in a ex wife child support case. If the court were making it unreasonable to be able to maintain a living that you had to create a new identiy how could you transfer professional licences to your new identity or is leaving the country to a country that does not have reciprocity with the USA the only way to get out of it?

So basically you're asking for assistance in helping your friend avoid his legal obligations?

Are you serious?

Why is it OK for him to let his child/ren suffer?

ETA: and what cyjeff said

[rppearso]

I suspect there are some over inflated child support orders being inforced and its influancing his ablitity to live, since they are going to court this week for modification I am guessing it has to do with what he will do if the modification is not made to take into acount the fact that he is laid off/fired and his unemployment is about to run out, right now she supports him so he at least has a roof otherwise he would be homeless (or staying at my place). I have been doing quite a bit of reasearch and its not always a dead beat issue, I have read alot of horror stories about modifications not being granted even though the NCP just ran out of unemployment and had no income, thoes arrears can then add up and a contempt of court order can be issued and he can be slapped with a felony and then his chances of finding a job will be 9 times harder and getting his professional licence back will probably be impossible. I have had to report a few posts and will do so with this thread as well, it is going to be a very sad state of affairs in this nation as the economy gets worse and the court system gets more visious. When blood no longer comes from the stone they will start breaking the stones in a visoius last ditch effort until the NCP's very life is snuffed out (either on the streets from exposure, or starvation we acutally have several homeless die each year because of the harsh weather conditions, I known someone once when I was much younger that had died from this very scenario, there was also alchoal involved but still its very sad to see court uphold such absurd orders).

Also can a restraining order be filed against the CP and/or the child?

[Proserpina]

Originally Posted by rppearso

I suspect there are some over inflated child support orders being inforced and its influancing his ablitity to live,

And you know this is over-inflated...how?

More to the point, has he started to downsize?

since they are going to court this week for modification I am guessing it has to do with what he will do if the modification is not made to take into acount the fact that he is laid off/fired and his unemployment is about to run out, right now she supports him so he at least has a roof otherwise he would be homeless (or staying at my place).

Who is "she" exactly? There IS, by the way, a difference between laid-off and fired. Which is it?

I have been doing quite a bit of reasearch and its not always a dead beat issue, I have read alot of horror stories about modifications not being granted even though the NCP just ran out of unemployment and had no income, thoes arrears can then add up and a contempt of court order can be issued and he can be slapped with a felony and then his chances of finding a job will be 9 times harder and getting his professional licence back will probably be impossible.

So, was he fired for cause? (it makes a HUGE difference). Why did he lose the license? License to practice what?

I have had to report a few posts and will do so with this thread as well, it is going to be a very sad state of affairs in this nation as the economy gets worse and the court system gets more visious.

This makes no sense.

When blood no longer comes from the stone they will start breaking the stones in a visoius last ditch effort until the NCP's very life is snuffed out (either on the streets from exposure, or starvation we acutally have several homeless die each year because of the harsh weather conditions, I known someone once when I was much younger that had died from this very scenario, there was also alchoal involved but still its very sad to see court uphold such absurd orders).

This is really quite simple.

Child is born. Both parents support child. If parent is unable to support child, parent files for modification. In the meantime, parent is expected to do whatever it takes to keep supporting that child.

So, explain exactly how his order is absurd.

Also can a restraining order be filed against the CP and/or the child?

Sure. What would be the basis of this restraining order?

[rppearso]

Originally Posted by Dogmatique

And you know this is over-inflated...how?

More to the point, has he started to downsize?

He lived with me for 3 months in the past due to these issues otherwise he would have been homeless, he now has a girlfriend he stays with.

Who is "she" exactly? There IS, by the way, a difference between laid-off and fired. Which is it?

He was laid off but I am still curoius if it was due to a firing that was for cause as well.

So, was he fired for cause? (it makes a HUGE difference). Why did he lose the license? License to practice what?

This was just a curiosity that I had, if they take your licence to practice what ever trade you have then how can you work.

This makes no sense.



This is really quite simple.

Child is born. Both parents support child. If parent is unable to support child, parent files for modification. In the meantime, parent is expected to do whatever it takes to keep supporting that child.

So, explain exactly how his order is absurd.

If you are having to live with someone or otherwise be on the streets that is absurd, sometimes "what ever it takes" is simply not there, thats life and thats life for the kid as well, look at 3rd world nations they simply cant support that kids and thats all there is to it, you may not like that reality but sometimes that is reality and to subject the NCP to unethical and immoral legal procedings because he had some bad luck is wrong. If the NCP is homeless it is unethical to slap them with a felony or arrears that could lead to a felony.

Sure. What would be the basis of this restraining order?

His ex harrased him quite a bit, I told him he should have applied for a restraining order but he did not, I got really nervous about that because if someone would have came through that door uninvited with malitious intent they would be in the grave right now, because when crap hits the fan I dont mess around, someone breaks into my home and the debate is over.

I find I am getting more judgement here than straight answers, I guess I can just take it to google and see if I can find real legal answers.

[Zigner]

Originally Posted by rppearso

His ex harrased him quite a bit, I told him he should have applied for a restraining order but he did not, I got really nervous about that because if someone would have came through that door uninvited with malitious intent they would be in the grave right now, because when crap hits the fan I dont mess around, someone breaks into my home and the debate is over.

I find I am getting more judgement here than straight answers, I guess I can just take it to google and see if I can find real legal answers.

Who are YOU in this situation to begin with?

[rppearso]

Originally Posted by Zigner

Who are YOU in this situation to begin with?

I guess for me its more of a curiosity, if I were in the legal field this area would definitly be an area of interest for me on the side of non custodial parents. The system seems to be so zealous about this issue that they dont care who they hurt or what kind of damage they do, I read an article about a guy that was ordered to pay child support to the point he was homeless and lost his job (yea you do need nice clothes and a place to stay with a shower to hold down a job) and come to find out the kid was not even his. Anyways unfortunatly im not a lawyer but am curious as to what the laws are in such cases where a non custodial parent is unable to pay do to homelessness as was very close to the case with my friend and I really can do without the holier than thou responses, if you dont have valid legal responses please dont bother.

[Proserpina]

Originally Posted by rppearso

I guess for me its more of a curiosity, if I were in the legal field this area would definitly be an area of interest for me on the side of non custodial parents. The system seems to be so zealous about this issue that they dont care who they hurt or what kind of damage they do, I read an article about a guy that was ordered to pay child support to the point he was homeless and lost his job (yea you do need nice clothes and a place to stay with a shower to hold down a job) and come to find out the kid was not even his. Anyways unfortunatly im not a lawyer but am curious as to what the laws are in such cases where a non custodial parent is unable to pay do to homelessness as was very close to the case with my friend and I really can do without the holier than thou responses, if you dont have valid legal responses please dont bother.

Let's boil this down to basics:

If a parent has a child, that parent SHOULD support that child. Don't want to pay child support? Great! Don't have kids!

Lost your job? Find another. Two. In the meantime file for a modification - if it's a legitimate request it will be seriously considered.

You seem to think that having no income should make it OK to not support your child. How exactly does that make any sense? Why is that OK?

If Dad cannot or will not work, Dad could also sign over his parental rights and allow the child to be supported by two parents who actually care enough to do so.

What you wanted to hear was "Oh, if he doesn't want to pay he can go to XYZ country and he'll be ok cos they won't enforce it so tell him to try, it'll be cool, he'll get away with it" or failing that, "He can get a new identity and keep all of his perks and stuff and licensing and all the neat stuff and he'll never have to worry about all those niggly little legal problems ever again".

Sorry. We don't do that. And frankly, you need to butt out - period. Whatever the situation is that you have going with your delightful example of a responsible father, it doesn't legally concern you one iota.

[FlyingRon]

Let me put it a little more bluntly.

Dodging the support order is a felony.
Adopting an an assumed identity is defraud is illegal.
Lying on many of those applications is a felony
Helping someone commit felonies is itself a felony.

By the way, the state is free to revoke all those licenses for the failure to pay child support ALONE, so there may not be anything to illegally transfer.

This isn't the "how do I violate the law" forum.

We can't help you with that.

[rppearso]

Originally Posted by Dogmatique

Let's boil this down to basics:

If a parent has a child, that parent SHOULD support that child. Don't want to pay child support? Great! Don't have kids!

Lost your job? Find another. Two. In the meantime file for a modification - if it's a legitimate request it will be seriously considered.

You seem to think that having no income should make it OK to not support your child. How exactly does that make any sense? Why is that OK?

If Dad cannot or will not work, Dad could also sign over his parental rights and allow the child to be supported by two parents who actually care enough to do so.

What you wanted to hear was "Oh, if he doesn't want to pay he can go to XYZ country and he'll be ok cos they won't enforce it so tell him to try, it'll be cool, he'll get away with it" or failing that, "He can get a new identity and keep all of his perks and stuff and licensing and all the neat stuff and he'll never have to worry about all those niggly little legal problems ever again".

Sorry. We don't do that. And frankly, you need to butt out - period. Whatever the situation is that you have going with your delightful example of a responsible father, it doesn't legally concern you one iota.

So lagitimate modifications are granted, for things such as lay offs and terminations. Thats a positive step, unfortunatly in this economy it could take longer than a year to find a new job or require you to move a long ways away, my question was in reference to the horror stories that I hear about lagit situations where the courts put the screws to the father anyways and he has no other choise. I find that people on here are heartless and I told you I dont want holier than thou responses.

[Proserpina]

I find that people on here are heartless and I told you I dont want holier than thou responses.

Don't feel bad - we're in the same situation. Except I find you clueless, not heartless.

Actually now I think about it I also find you heartless - you are supporting and condoning the concept of a deadbeat parent. That's pretty heartless from the child's point of view.

(and the word is "legitimate")

[rppearso]

Originally Posted by Dogmatique

Don't feel bad - we're in the same situation. Except I find you clueless, not heartless.

Actually now I think about it I also find you heartless - you are supporting and condoning the concept of a deadbeat parent. That's pretty heartless from the child's point of view.

(and the word is "legitimate")

Im just arguing from the stand point of the NCP and was looking for non biased information. What you are writing and other posters is just inflammitory, if you want to participate within the constructs of the thread I formed thats fine if not I dont want to hear your diatribes about dead beat parents. Edit - I am looking for legal ways to reduce child support payments and to ensure that child support payments terminate as soon as the child turns 18, I think it is a tragity that a nCP has to live on bread crumbs "for the sake of the child" I understand there are responsibilities but to what end should the court be able to extort money from a NCP, I hear of horror stories where NCP are paying 50% of there net income, how is that individual suppose to have a quality of life with 50% of their net going out when it does not really take taht much to buy some formula and diapers (and how is that NCP not suppose to feel resentment towards the ex and his own kid). I agree that NCP who try to get out of paying ANYTHING are dead beats but when we start talking about 4 figure paymens each month then the courts have gone off the deep end, just becuase someone is a high wage earner does not mean it should be a free for all to rob him blind in the name of the kids, kids dont need 1000$ a month or more to be raised, lots of parents live off way less and the kids are just fine. I will not tolerate anymore inflammitory posts, if you want to have a serious discussion or have serious advice thats great, I have a friend who is going through alot right now and needs help, I have suggested they get a very good lawyer. Rich people are able to use the system to there advantage so I know there are ways around this, because rich people dont get rich by allowing other people to extort them.

[cbg]

You RECEIVED non-biased information. No one here has a dog in this hunt - therefore there is no bias either way. What you mean to say is that you want information that supports your point of view.

The correct legal answer is that professional licences are not transferable. It doesn't matter why the individual wants to create a new identity (which is criminal when done for the reason you suggest whether you like it or not); what you want to do cannot be done. Not without committing still ANOTHER crime - i.e. using fraudulent licenses.