Child Support Questions

[FFuries]

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

My son who is a Marine pays child support for two children with different moms (I know, he's been talked to until I am blue in the face). I have a POA to act on his behalf with the child support enforcement office and courts in these matters. He received a letter today in the mail, filed through the courts by the mother of child 2, complaining that he's not paying the full amount of child support. I will be talking to the CSE office, but needed to see if I was reading the information correctly.

http://www.dfas.mil/garnishment/childsupportalimony/faqs.html

According to DFAS, he's protected under The Consumer Credit Protection Act (15 U.S.C. � 1673)which limits the amount that can be deducted as child support/alimony from earnings, see FAQ # 6 and # 8 in the link provided. With the maximum being either 55 % or 65 % of his disposable income according the rules. Can a Judge order that child support exceed the limits set forth under the CCPA? And then hold him in comtempt for not paying said amount? He has no control over the amount deducted from his pay, the courts sends the information to DFAS and they set up the allotment, he is not a part of it. Although she is claiming that he's low-balling her on purpose, and that she can't live this way (She has no job according to what she told the judge).

During the child support hearing, when the amount was announced, my son did make a statement that it would create a financial hardship for him. The judge replied well then I guess you'll have to get another job, then we can revisit this issue and up the amount she gets if needed. While I understand the need for child support and won't argue it, the system is broke. She complains she gets what she wants, he complains he gets told to shut up and color. Example, the child is entitled to medical care through the miltary (Son made that a request and the judge ordered it). She has yet to provide him with a birth certificate with his name on it, refuses to have his name put on it. Without it he can't get the child registered under DEERS and TriCare, he made mention of this in a letter to the courts over 6 months ago, with no action taken on it to date.

 

[Antigone*]

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

My son who is a Marine pays child support for two children with different moms (I know, he's been talked to until I am blue in the face). I have a POA to act on his behalf with the child support enforcement office and courts in these matters. He received a letter today in the mail, filed through the courts by the mother of child 2, complaining that he's not paying the full amount of child support. I will be talking to the CSE office, but needed to see if I was reading the information correctly.

http://www.dfas.mil/garnishment/childsupportalimony/faqs.html

According to DFAS, he's protected under The Consumer Credit Protection Act (15 U.S.C. � 1673)which limits the amount that can be deducted as child support/alimony from earnings, see FAQ # 6 and # 8 in the link provided. With the maximum being either 55 % or 65 % of his disposable income according the rules. Can a Judge order that child support exceed the limits set forth under the CCPA? And then hold him in comtempt for not paying said amount? He has no control over the amount deducted from his pay, the courts sends the information to DFAS and they set up the allotment, he is not a part of it. Although she is claiming that he's low-balling her on purpose, and that she can't live this way (She has no job according to what she told the judge).

During the child support hearing, when the amount was announced, my son did make a statement that it would create a financial hardship for him. The judge replied well then I guess you'll have to get another job, then we can revisit this issue and up the amount she gets if needed. While I understand the need for child support and won't argue it, the system is broke. She complains she gets what she wants, he complains he gets told to shut up and color. Example, the child is entitled to medical care through the miltary (Son made that a request and the judge ordered it). She has yet to provide him with a birth certificate with his name on it, refuses to have his name put on it. Without it he can't get the child registered under DEERS and TriCare, he made mention of this in a letter to the courts over 6 months ago, with no action taken on it to date.

Why do you have POA over your son's legal affairs, he is not of legal age or mental capacity? ETA... I see he is in the military.

With regards to the birth certificate, if this was an unwed situation he can remedy the situation by taking the order declaring dad the father and adding himself to the birth certificate.

 

[FFuries]

The reason for the POA, the case was held here locally were I am retired at, he is not stationed in the local area and due to deployment requirements it makes it easier for me to be involved when he's overseas etc, he does come back for court hearings and such though.

As for the adding himself I will have to check into that, was told that only the mother can do that. Plus even though there is a DNA test that proves the child is his the military will not accept that inplace of a birth certificate. He has no contact with the child, the mother refuses to allow him, and has said that she does not want his name on her birth certificate.

Same mother that made up charges of assault against him, then admitted to the judge that she made it up to get him into court quicker for child support. Courts dismissed the charges, but his Chain of Command had already taken action against him, so punished by the military for something that didn't happen, that the civilian courts dismissed.

 

[TheGeekess]

The reason for the POA, the case was held here locally were I am retired at, he is not stationed in the local area and due to deployment requirements it makes it easier for me to be involved when he's overseas etc, he does come back for court hearings and such though.

As for the adding himself I will have to check into that, was told that only the mother can do that. Plus even though there is a DNA test that proves the child is his the military will not accept that inplace of a birth certificate. He has no contact with the child, the mother refuses to allow him, and has said that she does not want his name on her birth certificate.

Same mother that made up charges of assault against him, then admitted to the judge that she made it up to get him into court quicker for child support. Courts dismissed the charges, but his Chain of Command had already taken action against him, so punished by the military for something that didn't happen, that the civilian courts dismissed.

Was the DNA test done via court order as part of a CSEA enforcement?

We can help you establish paternity without going to court with an Administrative Order. The mother, the man believed to be the father and child must take a genetic test. If the test results prove that the man believed to be the father is the biological father, we issue an Administrative Order of Paternity and tell the Florida Office of Vital Statistics to add the father’s name to the child’s birth certificate. Many people prefer this method because:

http://dor.myflorida.com/dor/childsupport/paternity.html

Just because Mom's copy of the birth certificate didn't change automagically after paternity was established doesn't mean your son is not on the birth certificate.

 

[FFuries]

Yes this was a court ordered DNA test to establish paternity for child support. I will let him know about the reference you listed.

 

[Ohiogal]

The reason for the POA, the case was held here locally were I am retired at, he is not stationed in the local area and due to deployment requirements it makes it easier for me to be involved when he's overseas etc, he does come back for court hearings and such though.

As for the adding himself I will have to check into that, was told that only the mother can do that. Plus even though there is a DNA test that proves the child is his the military will not accept that inplace of a birth certificate. He has no contact with the child, the mother refuses to allow him, and has said that she does not want his name on her birth certificate.

Same mother that made up charges of assault against him, then admitted to the judge that she made it up to get him into court quicker for child support. Courts dismissed the charges, but his Chain of Command had already taken action against him, so punished by the military for something that didn't happen, that the civilian courts dismissed.

You CANNOT represent your son. What you can do is hire an attorney to represent him in Court. You can talk to child support. But you cannot represent him in court as only an attorney can do that.You do have the power to hire an attorney to represent him. Your son can be ordered to pay more than 65% of his income in child support-- however more than that amount can not be GARNISHED. He would have to pay the rest outside of the garnishment.

If your son can't afford to support the children he has, he needs a vasectomy.

Additionally, if he wants a relationship, he needs to petition the court to establish visitation. He should be prepared to have some supervised visits and/or vists in the child's community. Your son made choices -- apparently bad choices. Now he has to live with the consequences.

 

[FFuries]

Not representing him in court, the POA allows me to get the paperwork that is needed to send him, and talk to the enforcement people at the courts. Whenever there is a court hearing he comes into town, or if unabled to, he asks the courts if they can possibly reschedule.

I basically talk to the people at CSE office, the payment office, and the court offices.....But do not talk to the judge or represent him, I guess I should have worded that better!

BTW I have threatened him with a home neutering if he doesn't quit this &%^*&^*^(&!

BTW He has no ideal where she lives now, she comes back into the state for filling paperwork using her parents address as hers, but no longer resides in the state. She knows she get better child support here, than where she lives. My son on the other hand is stationed in the state currently.

 

[nextwife]

Did the court have the information about his first order when establishing the second?

Also, Dad needs to file for a parenting schedule and start establishing a relationship with the child.

 

[Ohiogal]

Not representing him in court, the POA allows me to get the paperwork that is needed to send him, and talk to the enforcement people at the courts. Whenever there is a court hearing he comes into town, or if unabled to, he asks the courts if they can possibly reschedule.

I basically talk to the people at CSE office, the payment office, and the court offices.....But do not talk to the judge or represent him, I guess I should have worded that better!

BTW I have threatened him with a home neutering if he doesn't quit this &%^*&^*^(&!

BTW He has no ideal where she lives now, she comes back into the state for filling paperwork using her parents address as hers, but no longer resides in the state. She knows she get better child support here, than where she lives. My son on the other hand is stationed in the state currently.

If she uses her parents' address as hers then that is her address. He serves her there. As for her "getting better child support here" than where she lives -- UIFSA governs child support. Your son is stationed in the state and therefore that is the state with jurisdiction.

But glad you took my post the way it was intended -- to help and not as an insult. Too many people believe a POA means they can rep the person in court.

 

[FFuries]

If she uses her parents' address as hers then that is her address. He serves her there. As for her "getting better child support here" than where she lives -- UIFSA governs child support. Your son is stationed in the state and therefore that is the state with jurisdiction.

But glad you took my post the way it was intended -- to help and not as an insult. Too many people believe a POA means they can rep the person in court.

Ma'am after 23 years in uniform and 19 years as a military brat, I don't read into the what is written, I look at what is said. That said I understood the point you were making and after I re-read what I had written, your statement was based on my verbage.

Now as to the state, when she filed for child support he was not stationed here at the time, but she had moved back into the state to live with her parents before the birth, then moved back out of state after the birth. But that is apples and oranges, she was residing with her parents in this state when the child was born and when she filed for support.

 

[FFuries]

Did the court have the information about his first order when establishing the second?

Also, Dad needs to file for a parenting schedule and start establishing a relationship with the child.

Ma'am

Yes the courts did have the information that he was already paying child support for another child at that time. Although they did not have him fill out a financial affadavit with the second child initially. When he went to have the support adjusted they did have him fill one out. He's also trying to get the amount of ther arrears reduced, FL laws have a provision that says that they can take into concideration that his income was much less than it is now. At his last assignment he was living in the barracks and not authorized BAH. He was then reassigned to FL where there is no barracks for him to live in. The arrears is based on his current income, doesn't mean he will win that but there are provisions for it.

 

[FFuries]

The birth certificate that the courts provided him with does not have his name on it as the father. This was months after the DNA testing and the court hearing.

 

[Ohiogal]

The birth certificate that the courts provided him with does not have his name on it as the father. This was months after the DNA testing and the court hearing.

Did he attempt to get a birth certificate from the Department of Vital Statistics in the city/county where the child was born? That department might have an up to date birth certificate that lists him. If not, he needs to petition for an order from the court demanding the birth certificate be changed. If he has such an order, he needs to get it to the proper place.

 

[FFuries]

Did he attempt to get a birth certificate from the Department of Vital Statistics in the city/county where the child was born? That department might have an up to date birth certificate that lists him. If not, he needs to petition for an order from the court demanding the birth certificate be changed. If he has such an order, he needs to get it to the proper place.

Ma'am

The last time he was in town and tried to get one, they asked for his name, there was/is only one on file with his name on it and that is his first child (6 year old daughter), they have no record of another one with his name on it.

Will have him check again when he's in town on leave here soon, if not he'll have to go the other route you mentioned.