Much Needed Advice!!!

[truebluemd]

Not sure, but I don't put anything pass him. Since November of 08, he started working, as he say on his Permanent job 12 hours a day, 5-7 days a week. Told the Judge at our last Custody date , that's why he wasn't spending much time with Our children. Still, they are with me everyday of the week, to the exception of school, and the 4-5hours after school they spend with him. (With Dad 20-25 hours a week.)
Dad works third shift as of Nov. Then, when I petition for CS, he told the other Judge that now he is only working 32 hours a week, and show only 1 check stub instead of the 4 that was requested, and they let him get away with that. He is still bringing the kids at the same time as if he is working 40 plus hours. The Judge that have the CS case, and the Judge that have the Child Custody case have the same Secretary. Hope that each Judge keep good notes, and all X lies catch up with him.

I am sure the judge didnt buy what he said about 32/week, and like perro mentioned before, he was probably imputed at 40 hours, and possibly regular overtime. Also, child envorcement agencies have a system that can look up any paying jobs the NCP is working if hes not getting paid under the table.

My advice, don't raise the issue of the increased salary the judge entered for him. If its truly a mistake, then thats for your ex to call out, unless you just want to help your ex to llower his child support. As far as the credit for your other child, who's not ex's child, that was entered correctly.

 

[4children]

I am sure the judge didnt buy what he said about 32/week, and like perro mentioned before, he was probably imputed at 40 hours, and possibly regular overtime. Also, child envorcement agencies have a system that can look up any paying jobs the NCP is working if hes not getting paid under the table.

My advice, don't raise the issue of the increased salary the judge entered for him. If its truly a mistake, then thats for your ex to call out, unless you just want to help your ex to llower his child support. As far as the credit for your other child, who's not ex's child, that was entered correctly.

Ex was the one who caught it on the Worksheet. When, I asked him when was he going to start paying.That's when he told me about the calculation, and that he was going to call the Court House. By the way. The Judge didn't even do the Calculation while we were there. He had to refigure, and sent it through the mail. (X makes $25.00 and hour.) I know this because, he was bragging at the last Custody Hearing about how much he makes ,and he want even pay for the kids Lunch. The School Cafeteria has even sent it into CPS last month. Then, after that, I started paying for their lunch without him knowing. He's sent in $10.00 each on their account since Feb 5, 2009.

He has to start paying as you-all know from the day I filed, and that's been over a month now. I'm waiting for the Judge Secretary to call me and let me know the outcome.

I raised the issue of the 32 hours when the Clerk entered it, in the system, on CS day, and also when the Judge question it. I wasn't concerned about the overtime. Just the 40 hours. Don't think overtime is mandatory for him. I do know that Ex was required to work overtime at one point. And, that could also be the reason for the 1 check stub, instead of the 4 he showed. (Ex) is always trying to stay a step ahead of me. Especially money wise.

 

[truebluemd]

Ex was the one who caught it on the Worksheet. When, I asked him when was he going to start paying.That's when he told me about the calculation, and that he was going to call the Court House. By the way. The Judge didn't even do the Calculation while we were there. He had to refigure, and sent it through the mail. (X makes $25.00 and hour.) I know this because, he was bragging at the last Custody Hearing about how much he makes ,and he want even pay for the kids Lunch. The School Cafeteria has even sent it into CPS last month. Then, after that, I started paying for their lunch without him knowing. He's sent in $10.00 each on their account since Feb 5, 2009.

He has to start paying as you-all know from the day I filed, and that's been over a month now. I'm waiting for the Judge Secretary to call me and let me know the outcome.

I raised the issue of the 32 hours when the Clerk entered it, in the system, on CS day, and also when the Judge question it. I wasn't concerned about the overtime. Just the 40 hours. Don't think overtime is mandatory for him. I do know that Ex was required to work overtime at one point. And, that could also be the reason for the 1 check stub, instead of the 4 he showed. (Ex) is always trying to stay a step ahead of me. Especially money wise.

has the court order for CS been signed? So, dad is refusing to pay because he thinks the 502 is incorrect? Did the judge present findings at the hearing regardin both of your incomes?

Let him address the issue first and wait to see what the judge says. He may stick his own foot in his mouth. You can suggest why you think the 502 is there if the judge decides to change it. If he is trying to lie about his income then be prepared to refute his lies if you can.

 

[4children]

has the court order for CS been signed?

A. Yes, I made sure it was signed and stamped

Q. So, dad is refusing to pay because he thinks the 502 is incorrect?

A. Yes, at this time.

Q. Did the judge present findings at the hearing regardin both of your incomes?


A.The Judge ran a copy of X check stub after I disputed his hours.

Let him address the issue first and wait to see what the judge says. He may stick his own foot in his mouth. You can suggest why you think the 502 is there if the judge decides to change it. If he is trying to lie about his income then be prepared to refute his lies if you can.

Well put. If, he doesn't get it back now, it will adventurely happen.

 

[truebluemd]

The Judge calculation with the 399 credit for Mom and what ever the 502 for Dad means, the child support Dad is obligated to pay is- $419.00 a month at this time. I assumed it was because of shared custody. Because the amount is higher on the Va. CS guideline

Does he get them every weekend, or every other weeekend? I dont see how its shared custody with you having more overnights, but I do realize the judge can deviate from the guidelines. It would be helpful if you knew the judges findings.

for instance, in my case, the judge found that although my ex had another older child, he wasnt paying his obligated CS, so he couldnt get credit for the other child.

 

[4children]

Does he get them every weekend, or every other weeekend? I dont see how its shared custody with you having more overnights, but I do realize the judge can deviate from the guidelines. It would be helpful if you knew the judges findings.

for instance, in my case, the judge found that although my ex had another older child, he wasnt paying his obligated CS, so he couldnt get credit for the other child.

QUOTE=truebluemd;2222222]Does he get them every weekend, or every other weeekend?

I have the kids every week-end. This started in November of 08. Most of the time, it was every other week-end. Dad picks them up M-F mostly at 8:00 am sometimes 8:30 am. Kids go to school. Get out at 4:00pm. Then he brings them back 7:00 pm mostly 8:00pm M-F.


I dont see how its shared custody with you having more overnights, but I do realize the judge can deviate from the guidelines. It would be helpful if you knew the judges findings.

The Memorandum Agreement- Both parents agree to share Joint Legal and Physical Custody. So, Dad has always used it to his advantage. I've always had the kids with me more. That's why I'm glad we are going to Court for the Custody to be change. Then, I can make a better life for Our kids and myself. Get, from under his Control. The other reason is that I had a change in my situation. I moved to be closer to my job when the gas prices went threw the roof and everything else. I was supporting the children by myself. (I was driving and SUV, 120 miles a day.) I wasn't able to find a job closer. I checked into and Extended Stay until I was able to save enough money to get a place. Then, I got laid off 2 weeks later. Didn't see that coming. Or, I would have kept the home I was renting. I had the kids for 2 weeks. Dad kept them for 1 day. Brought them back. I wouldn't open the door. Dad called the Police. And, filed for Primary Custody 3 days later. That, maybe harsh to some people. But, I was tired of him taking advantage of me. I was going to file once I got my self together. But, after that went down, I had the feeling he would to it first.

And, I have to get myself together before Our next Custody date. I know the Judge makes the final decision. But, with the help of the Kids Guardian Ad Litem, they were looking out for me. The GAL even stated to me that with Dad what goes around comes around. Actually, I mention I need a Lawyer dealing with Dad. And, GAL suggested that would be a good thing to do. Because, there's know one there to support me. He know Dad is lying. And, I let GAL know about the CS issues also. Court date was set for 5 months later. Really, I believe the Judge and the GAL did it to help me, get it together. May be just their job. But, with the lies and the way Dad made things look, they could have made a decision that day. I don't mean to put all the blame on X, because I allowed myself to get where I am today. By allowing him to control me. Don't get me wrong, I have had some good times, when I was on top of everything. But, when the economy got bad, it attacked me also, hard. But, I have the Faith that things will get better. I have to do this for my Children. They have always had the nessesities they needed. But, they can have more of the things they don't need once in awhile.