Disagree with Child Support Order

[FamilyGirl]

I don't doubt that you think that's what happened.

In reality, what happened is the father decided that he wasn't going to seek custody or visitation at that time and you decided that you weren't going to seek child support.

This is not what I THINK happened. It is part of our Divorce Decree and documented on paper. The Judge signed off on it stating that the voluntary waiver of Parental Rights was not a Termination of Parental Rights by any means. He was paying child support when she was first born, and when he waived his rights we agreed to no support. This is also documented on paper and signed off on by a Judge. I'm not fabricating things. And again, has nothing to do with the questions I'm asking. Where did the discussion take a turn? I'm NOT questioning this. I'm questioning the Child Support Order made. I thought this was a place where people gave legal advice? Obviously nobody knows the answers I'm seeking and it's turned into a badgering game. Peace out.

 

[LdiJ]

This is not what I THINK happened. It is part of our Divorce Decree and documented on paper. The Judge signed off on it stating that the voluntary waiver of Parental Rights was not a Termination of Parental Rights by any means. He was paying child support when she was first born, and when he waived his rights we agreed to no support. This is also documented on paper and signed off on by a Judge. I'm not fabricating things. And again, has nothing to do with the questions I'm asking. Where did the discussion take a turn? I'm NOT questioning this. I'm questioning the Child Support Order made. I thought this was a place where people gave legal advice? Obviously nobody knows the answers I'm seeking and it's turned into a badgering game. Peace out.

You should appeal the ruling. A motion for reconsideration would not be appropriate in this instance.

You are correct. His stepchildren should not have factored into the calculation. Their mother and father are responsible for supporting them, and their father is paying child support.

 

[Proserpina]

This is not what I THINK happened. It is part of our Divorce Decree and documented on paper. The Judge signed off on it stating that the voluntary waiver of Parental Rights was not a Termination of Parental Rights by any means. He was paying child support when she was first born, and when he waived his rights we agreed to no support. This is also documented on paper and signed off on by a Judge. I'm not fabricating things. And again, has nothing to do with the questions I'm asking. Where did the discussion take a turn? I'm NOT questioning this. I'm questioning the Child Support Order made. I thought this was a place where people gave legal advice? Obviously nobody knows the answers I'm seeking and it's turned into a badgering game. Peace out.

It kind of took a downturn when you not only bitched about Stepmom, but both fathers too.

Decorum isn't what you do with apples before you eat 'em. You may want to keep that in mind.

 

[FamilyGirl]

You should appeal the ruling. A motion for reconsideration would not be appropriate in this instance.

You are correct. His stepchildren should not have factored into the calculation. Their mother and father are responsible for supporting them, and their father is paying child support.

Thanks. I thought so. Do you know if it should be a Discretionary or Mandatory Appeal?

From the Supreme Court website

"Most appeals are mandatory appeals, which means that they are automatically accepted for review by the supreme court. For these appeals, you should fill out the notice of mandatory appeal form. Mandatory appeals include, for example, an appeal of a criminal conviction, an appeal of a final divorce decree, an appeal of a small claims matter, and an appeal in a dispute over ownership of land.

Some appeals are discretionary appeals. That means that the court will review the notice of appeal document before deciding whether it will accept the case for appellate review. The following cases are discretionary appeals: post-conviction review of criminal proceedings (including petitions for writ of habeas corpus and motions for new trial); a criminal sentence modification or suspension proceeding; a parole or probation revocation proceeding; a landlord/tenant eviction action to regain possession of the rental property (often for non-payment of rent); an order denying a motion to intervene; or a post-divorce domestic relations matter. To appeal any of these types of cases, use the notice of discretionary appeal form."

This what I'm confused on. We have been divorced for over 4 years. The order I received recently was a final order issued after I submitted a Motion to Modify an Existing Court order, and a hearing was held. Which appeal form should I use?

 

[FamilyGirl]

It kind of took a downturn when you not only bitched about Stepmom, but both fathers too.

Decorum isn't what you do with apples before you eat 'em. You may want to keep that in mind.

Ok well, ya know what? Right now, I'm entitled to b***h. It's the LEAST harmful way of releasing my anger. She's a lazy slob living off the system that us the tax payers are funding, and my daughter is getting less child support because she's too irresponsible and lazy to get off her arse and get a J-O-B. There is NO legitimate reason why she should be unemployed and collecting State benefits, and I am against that. If you are a well bodied and able adult person, you should get a job and stop looking for hand outs. Even if it wasn't affecting my daughter, I'm still against people who sit back and take hand outs. If she is unable to work she should apply for disability and bring income into the household. You're dead wrong to say it's not my concern. When her groceries, finger nails and iPhone come out of my paycheck I have a right to say something about it. This is not a personal vendetta, she can have him. But when my daughter is getting less child support because she's lazy, and her children are soaking up all his income, damn right I will say something. Sorry if it offends you, but I don't care about apples or decorum, or outer appearances. I live in reality.

As far as me complaining about the Father's, if they stood up and took care of their responsibilities and didn't make me drag them into Court to do so; there would be a lot less complaining on my behalf.

 

[Silverplum]

We (except for Ldij) don't *have to* read or help.

Ok well, ya know what? Right now, I'm entitled to b***h. It's the LEAST harmful way of releasing my anger. She's a lazy slob living off the system that us the tax payers are funding, and my daughter is getting less child support because she's too irresponsible and lazy to get off her arse and get a J-O-B. There is NO legitimate reason why she should be unemployed and collecting State benefits, and I am against that. If you are a well bodied and able adult person, you should get a job and stop looking for hand outs. Even if it wasn't affecting my daughter, I'm still against people who sit back and take hand outs. If she is unable to work she should apply for disability and bring income into the household. You're dead wrong to say it's not my concern. When her groceries, finger nails and iPhone come out of my paycheck I have a right to say something about it. This is not a personal vendetta, she can have him. But when my daughter is getting less child support because she's lazy, and her children are soaking up all his income, damn right I will say something. Sorry if it offends you, but I don't care about apples or decorum, or outer appearances. I live in reality.

As far as me complaining about the Father's, if they stood up and took care of their responsibilities and didn't make me drag them into Court to do so; there would be a lot less complaining on my behalf.

 

[LdiJ]

Thanks. I thought so. Do you know if it should be a Discretionary or Mandatory Appeal?

From the Supreme Court website

"Most appeals are mandatory appeals, which means that they are automatically accepted for review by the supreme court. For these appeals, you should fill out the notice of mandatory appeal form. Mandatory appeals include, for example, an appeal of a criminal conviction, an appeal of a final divorce decree, an appeal of a small claims matter, and an appeal in a dispute over ownership of land.

Some appeals are discretionary appeals. That means that the court will review the notice of appeal document before deciding whether it will accept the case for appellate review. The following cases are discretionary appeals: post-conviction review of criminal proceedings (including petitions for writ of habeas corpus and motions for new trial); a criminal sentence modification or suspension proceeding; a parole or probation revocation proceeding; a landlord/tenant eviction action to regain possession of the rental property (often for non-payment of rent); an order denying a motion to intervene; or a post-divorce domestic relations matter. To appeal any of these types of cases, use the notice of discretionary appeal form."

This what I'm confused on. We have been divorced for over 4 years. The order I received recently was a final order issued after I submitted a Motion to Modify an Existing Court order, and a hearing was held. Which appeal form should I use?

Based on the bolded, it sounds like this would be a discretionary appeal. However, I would honestly recommend that you get a quick consult with a family law attorney in your area. I am not suggesting that you need to retain one, but paying for an hour of an attorney's time to get clarification on the situation might be in your best interest.

 

[Proserpina]

Ok well, ya know what? Right now, I'm entitled to b***h. It's the LEAST harmful way of releasing my anger. She's a lazy slob living off the system that us the tax payers are funding, and my daughter is getting less child support because she's too irresponsible and lazy to get off her arse and get a J-O-B. There is NO legitimate reason why she should be unemployed and collecting State benefits, and I am against that.

Your opinion counts for less than zero in court.

If you are a well bodied and able adult person, you should get a job and stop looking for hand outs. Even if it wasn't affecting my daughter, I'm still against people who sit back and take hand outs. If she is unable to work she should apply for disability and bring income into the household. You're dead wrong to say it's not my concern. When her groceries, finger nails and iPhone come out of my paycheck I have a right to say something about it. This is not a personal vendetta, she can have him. But when my daughter is getting less child support because she's lazy, and her children are soaking up all his income, damn right I will say something. Sorry if it offends you, but I don't care about apples or decorum, or outer appearances. I live in reality.

As far as me complaining about the Father's, if they stood up and took care of their responsibilities and didn't make me drag them into Court to do so; there would be a lot less complaining on my behalf.

It is absolutely none of your business. Ever. Even if.

You've made it quite clear that this is actually very personal - you despise Stepmom. You despise Dad. You despise ... whoever else it is.

You best watch your mouth, sweetheart. Because if you're not careful you're going to be the visiting parent.

 

[LdiJ]

Your opinion counts for less than zero in court.



It is absolutely none of your business. Ever. Even if.

You've made it quite clear that this is actually very personal - you despise Stepmom. You despise Dad. You despise ... whoever else it is.

You best watch your mouth, sweetheart. Because if you're not careful you're going to be the visiting parent.

Okay...I understand that the majority of the posters are not happy with the OP because she belittled dad and stepmom. I understand why the majority of the posters feel that way.

However, this is NOT an instance where mom is at risk of losing custody...come on Pro its just NOT. She has a valid legal gripe...a judge (or perhaps magistrate which is why I am encouraging her to get a consult with a local family law attorney) made a bad call regarding a deviation in a child support calculation. She has vented about it here which obviously was not gone over well. I understand why. However, the bottom line is that she absolutely has the right to challenge that decision.

What she has said here is completely irrelevant to custody or anything else. She has given no indication that she intends to violate any court orders or to badmouth dad or stepmom to the child.

Lets give her a bit of a break here...stepmom is getting child support for her children PLUS government bennies...that certainly sounds like dad's income isn't supporting those stepchildren.

 

[FamilyGirl]

Posterina or whatever your name is...don't call me pet names and don't get off track. My post about my opinion and her being lazy is not what I plan on bringing into Court. The fact that they misrepresented their income purposely to deny my daughter child support is what I am appealing on, and that the step children's needs are due to the fact that their own parents are obligated to support them and one voluntarily chooses not to. You're taking my words out of context and twisting them around. There is a difference between my opinion and what I will base my appeal on.

I'm going to be the visiting parent cause I call it like I see it? Ok lady. Whatever your smoking, I want some. Do you have any idea the way people act in court rooms when child support and custody issues arise? This is mild. It has nothing to do with despising anyone. More along the lines of being disgusted. Our daughter and her needs should come first. This guy has literally resorted to dodging the mail man and trying to take partial residential responsibility for her in an effort to avoid paying child support (which was obviously DISMISSED). He signed off on his rights to avoid paying child support to begin with! He's a loser with a capital L. Don't tell me to watch my mouth I am an excellent parent and that is why I am standing up for her and making sure that her needs and best interest are put FIRST for once in her life instead of his floozy girlfriends and wives and their children. I will never be the visiting parent because their Father's couldn't be BOTHERED with having them full-time or even part-time since the day they were born. Momma has done all the work while they screw off and play. Until you have walked a mile in my shoes don't pass judgement. I don't need your haughty and uppity answers talking down on me. People are always quick to draw conclusions till the shoe is on the other foot. Are you a single Mother of two children receiving 190 a month in child support? Im willing to bet your NOT.

 

[Silverplum]

Posterina or whatever your name is...don't call me pet names and don't get off track. My post about my opinion and her being lazy is not what I plan on bringing into Court. The fact that they misrepresented their income purposely to deny my daughter child support is what I am appealing on, and that the step children's needs are due to the fact that their own parents are obligated to support them and one voluntarily chooses not to. You're taking my words out of context and twisting them around. There is a difference between my opinion and what I will base my appeal on.

I'm going to be the visiting parent cause I call it like I see it? Ok lady. Whatever your smoking, I want some. Do you have any idea the way people act in court rooms when child support and custody issues arise? This is mild. It has nothing to do with despising anyone. More along the lines of being disgusted. Our daughter and her needs should come first. This guy has literally resorted to dodging the mail man and trying to take partial residential responsibility for her in an effort to avoid paying child support (which was obviously DISMISSED). He signed off on his rights to avoid paying child support to begin with! He's a loser with a capital L. Don't tell me to watch my mouth I am an excellent parent and that is why I am standing up for her and making sure that her needs and best interest are put FIRST for once in her life instead of his floozy girlfriends and wives and their children. I will never be the visiting parent because their Father's couldn't be BOTHERED with having them full-time or even part-time since the day they were born. Momma has done all the work while they screw off and play. Until you have walked a mile in my shoes don't pass judgement. I don't need your haughty and uppity answers talking down on me. People are always quick to draw conclusions till the shoe is on the other foot. Are you a single Mother of two children receiving 190 a month in child support? Im willing to bet your NOT.

Define "floozy."



(And "uppity?" Really? )

 

[TigerD]

Okay...I understand that the majority of the posters are not happy with the OP because she belittled dad and stepmom. I understand why the majority of the posters feel that way.

However, this is NOT an instance where mom is at risk of losing custody...come on Pro its just NOT. She has a valid legal gripe...a judge (or perhaps magistrate which is why I am encouraging her to get a consult with a local family law attorney) made a bad call regarding a deviation in a child support calculation. She has vented about it here which obviously was not gone over well. I understand why. However, the bottom line is that she absolutely has the right to challenge that decision.

What she has said here is completely irrelevant to custody or anything else. She has given no indication that she intends to violate any court orders or to badmouth dad or stepmom to the child.

Lets give her a bit of a break here...stepmom is getting child support for her children PLUS government bennies...that certainly sounds like dad's income isn't supporting those stepchildren.

Agree completely.

And another small section of hell reported sub-freezing temps. Agreement on FAF - fighting global warming one debate at a time.

DC

 

[FamilyGirl]

Not defining floozy. Its my own special word lol. Uppity...yes. Telling me I'm not worthy of her response, that's pretty uppity. I didn't ask for her responses, they are 99 percent irrelevant to the questions I posed to begin with. She's continued to nit pick my posts and try to make me feel like a piece of crap because I'm protecting the best interests of my child and fighting for her consideration FIRST before someone else's children. I didn't come here for her approval. And it seems like your only looking to continue the bickering SP.

LD I appreciate that. I'm sorry for venting but this is a very frustrating situation that becomes emotionally draining and impacts my time and energy that is devoted to my children. Parents should support their children and be attentive to their needs. Its very frustrating that I have to battle with them to give their children the very basic needs they are entitled to. I get blown off because I make good money and my family is very wealthy. Their attitude towards me is that we should pay for everything "just because". And I really think the Judge screwed the pooch on this one, and I need some case law for my appeal. I don't work with a lot of case law I primarily work in estate law. But yes I think consulting my Attorney on how to proceed is a good idea.

 

[Silverplum]

Not defining floozy. Its my own special word lol. Uppity...yes. Telling me I'm not worthy of her response, that's pretty uppity. I didn't ask for her responses, they are 99 percent irrelevant to the questions I posed to begin with. She's continued to nit pick my posts and try to make me feel like a piece of crap because I'm protecting the best interests of my child and fighting for her consideration FIRST before someone else's children. I didn't come here for her approval. And it seems like your only looking to continue the bickering SP.

LD I appreciate that. I'm sorry for venting but this is a very frustrating situation that becomes emotionally draining and impacts my time and energy that is devoted to my children. Parents should support their children and be attentive to their needs. Its very frustrating that I have to battle with them to give their children the very basic needs they are entitled to. I get blown off because I make good money and my family is very wealthy. Their attitude towards me is that we should pay for everything "just because". And I really think the Judge screwed the pooch on this one, and I need some case law for my appeal. I don't work with a lot of case law I primarily work in estate law. But yes I think consulting my Attorney on how to proceed is a good idea.

"Floozy" is commonly defined as a promiscuous woman. http://www.oxforddictionaries.com/us/definition/american_english/floozy

"Uppity" is a strange term for you to use: http://dictionary.reference.com/browse/uppity. There's no reason for any of us to defer to you. (Except, of course, for Ldij.)

 

[Pinkie39]

So, in one post the OP is having a hard time financially only getting $190 a month in child support for two kids.

But in another she has a great paying job and a wealthy family who presumably helps her out financially.

Odd, isn't it?