• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Conflicting information

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

angiesmom

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

I'm looking for any advice you can give me...

(I'm using a friend's account because I don't have an email address)

My wife and I divorced in 2005. At that time I was ordered to pay $390/mo in child support and joint legal custody and got regular weekend visitation. 9 months ago, my ex wife took off with our daughter to Idaho, changed her phone number, will not answer my emails, etc. I have tried numerous times to try to find out where she is so I can see my daughter, but she stays hidden.

3 days ago, my mother called me and said I had gotten mail at her house. It was a Motion to Modify Child Support, and she had gotten it several weeks earlier. Court date is for November 17th, and it says I have to have papers served to the other party at least 14 days before the court date if I want to respond. I just got these papers because she sent them to my mom's house and not my house. Is there anything I can do?

Other issues....
She does list an address in Idaho and she also lists her phone number on the papers. I called the phone number to try to talk to my daughter, but the phone number is disconnected.

She lists in the papers that "I have had to put our daughter on medical assistance, he is ordered to carry insurance & doesn't, so I think that needs to be addressed also." I am carrying health and dental insurance on our daughter, but she chooses not to use it.

She has a lot of conflicting information on the papers...

In the papers she filled out, as well as papers from Idaho welfare, she says she has an income of $150/mo. Based on this, she is getting food stamps and child care assistance. Her check stubs, however, show that she is making $920 per month.

In the papers for the modification and the papers she sent showing what she told the county, she says she is paying $650/mo in daycare expenses to have her sister babysit because she has to pay daycare for 40 hours per week while she is working and lists our daughter as not attending school. Our daughter is 9 years old, she is in school, and her check stubs show that she is working an average of 20 hours per week. Also, she has included a signed letter from her sister saying she does daycare for our daughter and that she charges $88/wk for anything over 30 hours a week. So even is my ex was working 40 hours a week, she would only be paying $381/mo.

The Affidavit of Service by Mail is not filled out at all. There is nothing filled in except the signature of her sister at the bottom and a notary public stamp.

Any advice or guidance on how I should handle this and what to do would be greatly appreciated!What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? MN

I'm looking for any advice you can give me...

(I'm using a friend's account because I don't have an email address)

My wife and I divorced in 2005. At that time I was ordered to pay $390/mo in child support and joint legal custody and got regular weekend visitation. 9 months ago, my ex wife took off with our daughter to Idaho, changed her phone number, will not answer my emails, etc. I have tried numerous times to try to find out where she is so I can see my daughter, but she stays hidden.

3 days ago, my mother called me and said I had gotten mail at her house. It was a Motion to Modify Child Support, and she had gotten it several weeks earlier. Court date is for November 17th, and it says I have to have papers served to the other party at least 14 days before the court date if I want to respond. I just got these papers because she sent them to my mom's house and not my house. Is there anything I can do?
Show up for court and explain that problem if you like, but your mother really did you a disservice by accepting the paperwork and then not telling you about it sooner. Do however, show up for court.

Other issues....
She does list an address in Idaho and she also lists her phone number on the papers. I called the phone number to try to talk to my daughter, but the phone number is disconnected.
Bring that issue up in court.

She lists in the papers that "I have had to put our daughter on medical assistance, he is ordered to carry insurance & doesn't, so I think that needs to be addressed also." I am carrying health and dental insurance on our daughter, but she chooses not to use it.
Have you given her an insurance card? Does the insurance work in Idaho?

She has a lot of conflicting information on the papers...

In the papers she filled out, as well as papers from Idaho welfare, she says she has an income of $150/mo. Based on this, she is getting food stamps and child care assistance. Her check stubs, however, show that she is making $920 per month.
Most likely she made 150.00 a month when the application for benefits was made, and now makes 920.00 a month. Its not a significant issue because 920.00 a month is not enough to disqualify her from benefits.

In the papers for the modification and the papers she sent showing what she told the county, she says she is paying $650/mo in daycare expenses to have her sister babysit because she has to pay daycare for 40 hours per week while she is working and lists our daughter as not attending school. Our daughter is 9 years old, she is in school, and her check stubs show that she is working an average of 20 hours per week. Also, she has included a signed letter from her sister saying she does daycare for our daughter and that she charges $88/wk for anything over 30 hours a week. So even is my ex was working 40 hours a week, she would only be paying $381/mo.
Could we be talking summer daycare vs school year daycare?

The Affidavit of Service by Mail is not filled out at all. There is nothing filled in except the signature of her sister at the bottom and a notary public stamp.

Any advice or guidance on how I should handle this and what to do would be greatly appreciated!What is the name of your state (only U.S. law)?
Again, show for court. You know about the hearing and its just going to delay the inevitable if you don't.

Now, on to other issues:

Is there a parenting/visitation schedule in place? Since they moved to Idaho 9 months ago its too late to object to the move, but you can certainly file to have mom held in contempt of court if she is violating the parenting/visitation schedule, and you can get a long distance schedule put into place.

If you can get paperwork drawn up and served mom when you are in court on the child support issue, that would be ideal.
 

angiesmom

Member
Have you given her an insurance card? Does the insurance work in Idaho?
She does not have an insurance card right now because I couldn't find her to give it to her. I do have emails that I sent her telling her I've got medical and dental for our daughter, but she had quit responding to me. I don't know if it works in Idaho, will be checking on that today. I previously did not know where she was to even find out if the insurance would work for her.


Most likely she made 150.00 a month when the application for benefits was made, and now makes 920.00 a month. Its not a significant issue because 920.00 a month is not enough to disqualify her from benefits.
Aren't you required to report a change of income within so many days? She sent a print out of what she gets for food stamps and the amount hasn't changed at all, so she hasn't reported that she got a job.

Could we be talking summer daycare vs school year daycare?

The letter from her sister didn't say anything addressing summer vs. school year amounts, just that she charges $88/wk for anything over 30 hours. Also, if it is daycare vs school year, will I have to pay based on $650/mo for 12 months of the year or will they take into account the differences?

Again, show for court. You know about the hearing and its just going to delay the inevitable if you don't.

Now, on to other issues:

Is there a parenting/visitation schedule in place? Since they moved to Idaho 9 months ago its too late to object to the move, but you can certainly file to have mom held in contempt of court if she is violating the parenting/visitation schedule, and you can get a long distance schedule put into place.

If you can get paperwork drawn up and served mom when you are in court on the child support issue, that would be ideal.[/QUOTE]


Yes, we have joint legal custody and I am supposed to have phone contact and also visitation every other weekend from Friday to Sunday, per the court order from 2005. I'm not sure if she will show up for court. I was told by some friends that when they went to court for child support, they didn't have to show up for court, only the one who pays the cs had to show up, but regardless, as soon as I had an address for her, I got the paperwork for contempt and modification of parenting time forms and am working on figureing out how to fill those out!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top