Child Support Over-payment

[hopeful3331]

What is the name of your state?NY

Although all the court proceedings are occurring in NY, I have lived in Tennessee since 1993. My daughter was born and raised here and her father never wanted anything to do with her. He got behind $14,000.00 in child support arrears (it was never properly calculated according to the Order). They never went back to the retroactive date, etc. I went to NY for 9 months and returned to Tennessee. Ten months later I get a notice that he obtained custody of my daughter. Four month later he came and removed her from my home (Feb. 2004). In FEb. 2003 he had filed a petition to stop his support payemnts (without notice to me) claiming he got custody of my daughter. He falsely claimed that he only owed $525.00 in arrears. The court stopped his arrears even though my daughter was here in Tennessee with me and contiunued for 12 more months.

One week after he took her to NY he filed for support. (this guy never works and he is a freeloader). At the hearing I informed the judge and provided evidence from the child support unit that his arrears were listed at $9800.00. The judge was surprised. So he decided to deduct my support payments from the arrears. That was back in July last year. The judge considered this an overpayment.

I don't feel that it is right to continue doing this because he had an obligation to pay that $35.00 a week and I was entitled to that money for my daughter's support. Plus, I believe that I am entitled to interest and whatever else. I filed to enforce and the judge is giving me a hard time about it. I have to put it in writing why I want it enforced. Another court date has been set for next month.

I believe that I have a right to enforce the arrears even though the judge is giving me a hard time. The father isn't working at this time and had the nerve to ask the judge for $95.00 more per week for child day care. My daughter is 11 years old and in school all day. He isn't working, yet he wants the money for daycare. I am not going to pay his daycare expenses for his other 2 kids that are by someone else. This guy is nuts.

Any sugguestions?

Lori

 

[BL]

You are Stating he was awarded physical Custody , without you knowing about it ?

Highly unlikely , as you would have had to be served a summons to appear in court . If you failed to appear after you were served , the hearing would go on in your absence , and an order made .

So, now you are stating he obtained an Court order for physical Custody and you knew nothing about it , and kept the child for months .

Again, you would have been sent a Certified copy of that order .

Unless you were moving around , not filing a forward address . Sometimes mail does get lost , or sent to the wrong address , but you would have had to know there was an original court date by service of a summons .

So , the Judge agreed to deduct an apparent over payment .

The fact is the Father is really not a dead beat , even though he may not work . He is caring for this child .

There may be many reasons a Father who has Custody of the child(ren) can not work during some time raising their child.

Just because you tell us he's dead beat , don't make it so. That is just your side .

The Judge is reluctant to make him pay back the so called overpayment , because the man has to support a Family .

 

[hopeful3331]

The father is the one who owes over $10,000 in child support payments. He is a deadbeat. The judge is treating the $10,000 as the amount I overpaid. He doesn't support his family. If he works 2 months out of a year then he has put in a lot of time.

I never got notified of a court date because he supposedly got custody by applying for an ex-parte writ of habeas corpus. I have a letter from the chief clerk of the family court (and she has worked there 20 years) stating that there is no application for a writ of habeas corpus on file with the court. And if he was granted a writ of habeas corpus then he would have had to serve it on me to appear in court....and that never happened.

Lori

 

[BL]

Ten months later I get a notice that he obtained custody of my daughter. Four month later he came and removed her from my home (Feb. 2004).

What sort of " Notice " was this you got ?

 

[hopeful3331]

I learned that the father had gone behind my back, and with the help of the law guardian, drew up a fake Order. It doesn't say what kind of order. The paper just says ORDER next to the caption. He claims that this is a custody order. The only part of the whole document that mentions custody is this: 'the father, having made application for custody and habeas corpus of his daughter, and the law guardian having supported such application'.....Ordered that custody is hereby awarded to her father.....and.......law enforcement personnel are directed to take the child and give her to her father.'

It also says on this document that the child is in Tennessee. The father had to domesticate (register) this order here in Tennessee. I filed the appropriate answer/objection pursuant to the UCCJEA that I did not receive notice of the court proceedings in New York and that I was entitled to receive Notice. The judge dismissed my answer/objection.

Four months later he comes back to Tennessee and has the police remove my daughter from my home. This guy has only seen my daughter a few times. I never stopped him from seeing her and I tried to foster a relationship between them, but he was never interested. But he is like a complete stranger to her. Then when I called the house, he wouldn't let me talk to her. Add mental and emotional abuse. He was also indicted by a grand jury for rape and sodomy (I have the evidence),

Anyway, he used this fake order to kidnap my daughter. New York could not have granted him a writ of habeas corpus because this order definitely is not one, and because my daughter would have had to be in New York for the court to have jurisdiction to issue a writ of habeas corpus. This court clerk of 20 years is trying to tell me that this Order is a writ of Habeas Corpus. It is not. I properly applied for a Writ and it is pending in Supreme Court. If my application is granted, then I have to serve him with a copy of the Writ and the application and have him come to court. That's how it works. Not the way he did it. So how does one go about getting their child back under these kind of conditions. Enforce arrears, appeal (if possible), try to get a valid writ of habeas corpus, and sue, sue , sue. Any other ideas????????????

Lori

 

[VeronicaGia]

Since he had arrears owed to you and now he has custody, instead of you actually paying him, the judge has ordered that his arrears be reduced by a monthly amount that you would have been paying in support.

You say he doesn't work, and you aren't paying support due to the arrears, so who exactly is supporting the child? The child has to live somewhere, have clothes, food, etc.

 

[hopeful3331]

Right nowthe court is subtracting $35.00 per week from the arrears that he owes me. So he is getting zero dollars. He lives with his girlfriend, who probably works or gets assistance through welfare. He has two other children. both by his girlfriend

I appeared by tlelphone for the court hearing on Feb. 1. I heard his lawyer say that he is not working and that he can't support my daughter. This doesn't surprise me. He has always been a freeloader and worked maybe 2 months out of the year. Not all necessarily at one time. A few weeks here, a few weeks there, etc. I was a few weeks pregnant when I moved to Tennessee with my family. I was 18. He tried everything he could think of to get me to go back to him except get and hold a job.

He got my daughter with a fake court order in Feb 23, 2004.

Lori

 

[djohnson]

If it was fake, it should have already came up by now? Your story just isn't adding up for me. There has to be more to it. If he never seen her and didn't care and was behind in child support why did he even file for custody? Did he file in your state? Why haven't you fought it? No one would just give a child to a parent they barely knew after so many years without good reason.

 

[MBMom]

I know you're trying to find out informaiton regarding cs, but I can't stop thinking about the fact that he basically, according to what you've stated, "kidnapped" your daugher with a fake order and gotten away with it? You're asking questions regarding child support, yet shouldn't the bigger picture be getting your daughter back after he proposed a fake order and stole your child from you?? Not that it isn't a concern of yours, but my gosh, how is any Judge allowing this to happen?