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I have no clue what to expect

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penny4u

Member
What is the name of your state?What is the name of your state?OH

Going to court next week for the child support issue in my case. I know this can go many different ways, but if anyone has any experience or opinions I would appreciate them. Here are the facts.

Child support was ordered when my son was 1 year old. (9 now) and has never been modified until now. I remember someone from CSEA saying to pay 50.00 a month extra to catch up to my original file date, which should have taken him about 7 years @ 50.00 extra. (However, this 50.00 extra is no where in any paperwork from CSEA). He stopped paying the extra of January of 2005. By my calculations he overpayed me anywhere from 300-500. Yet missed a payment in May of this year, which would put him back in the negative.

Is this how this will be looked at? Meaning with the extra money...

It's a family business that he works for. He said in court that he is only a manager, yet my attorney pulled their filings, and he is President. We have all the business filings and all of his personal filings as well. Not surprisingly his income has suddenly dropped 30,000 since all of this began last year. I currently am not working, but submitted my lifetime earning statement, and my income stayed around the same since I originally filed. Even with his "drop" in income, he is still showing around 10,000 more from our first order.

If I'm showing the same income, plus a raise in my family insurance plan, and he's showing even the 10,000 more...Could I assume that it will go up?

Also, the judge will take into consideration that the income suddenly dropped right? My attorney says is obvious that she will...I just need some re-assurance.

My fear is that they will produce false documents because of it being a family owned business. Most in his family are rats.

I know I sound like a money hungry person, so for those who aren't familiar with my case please understand that that's not the case. Right now its my only leverage. Any opinions would be great. Thanks!
 


penny4u

Member
Sorry I know it's a lot, but I forgot to post that I have over 8,000 in medical bills which his part is 4,000 that he has never paid. I never submitted them to him, but my attorney still wants any and all bills from my son's birth to now, including delivery. Even if they don't go back that far... The past year has been around 5,000 which his part would be 2,500.

How do they usually handle this aspect of it? Thanks.
 
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betterthanher

Guest
penny4u said:
Sorry I know it's a lot, but I forgot to post that I have over 8,000 in medical bills which his part is 4,000 that he has never paid. I never submitted them to him, but my attorney still wants any and all bills from my son's birth to now, including delivery. Even if they don't go back that far... The past year has been around 5,000 which his part would be 2,500.
Ummm....since you never submitted them to him, then you have no right to say "he hasn't paid them." You're misrepresenting the truth.

Why haven't you submitted them? Don't be surprised if you wind up eating ALL of them -- especially if there is no language in any order. And if there is, don't hold your breath on getting anything from past years because you "didn't send them." That will not fly.
 
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betterthanher

Guest
penny4u said:
What is the name of your state?What is the name of your state?OH

Going to court next week for the child support issue in my case. I know this can go many different ways, but if anyone has any experience or opinions I would appreciate them. Here are the facts.

Child support was ordered when my son was 1 year old. (9 now) and has never been modified until now. I remember someone from CSEA saying to pay 50.00 a month extra to catch up to my original file date, which should have taken him about 7 years @ 50.00 extra. (However, this 50.00 extra is no where in any paperwork from CSEA). He stopped paying the extra of January of 2005. By my calculations he overpayed me anywhere from 300-500. Yet missed a payment in May of this year, which would put him back in the negative.

Is this how this will be looked at? Meaning with the extra money...
Why aren't you asking your attorney this stuff?
 

penny4u

Member
ummm...It is in the original order that he has to pay 1/2 of all that isn't covered by insurance. My fault, if I did not state that. I didn't think that the past years would fly, but my attorney is going for it anyway. Either way it's 2500 his part current.

I do have an appointment with my attorney this week...just wanted to know if anyone had any advice so I could be extra prepared to talk to my attorney and go to court.
Thanks
 
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betterthanher

Guest
penny4u said:
ummm...It is in the original order that he has to pay 1/2 of all that isn't covered by insurance. My fault, if I did not state that. I didn't think that the past years would fly, but my attorney is going for it anyway. Either way it's 2500 his part current.

I do have an appointment with my attorney this week...just wanted to know if anyone had any advice so I could be extra prepared to talk to my attorney and go to court.
Thanks
Your lawyer certainly can file them, but don't be surprised if he/his lawyer outright objects to it -- and rightfully so. The norm is usually 30 days. He can't pay his half if you don't send him the bills. You will have to explain why you never sent them to him.
 

xKellyx

Member
penny4u said:
ummm...It is in the original order that he has to pay 1/2 of all that isn't covered by insurance. My fault, if I did not state that. I didn't think that the past years would fly, but my attorney is going for it anyway. Either way it's 2500 his part current.

I do have an appointment with my attorney this week...just wanted to know if anyone had any advice so I could be extra prepared to talk to my attorney and go to court.
Thanks


My attorney had me do the same thing, and I actually won it. I didn't think I would get it because I hadn't been giving him the bills, but I submitted all the medical bills I had from birth till the trial and the judge gave me my half of it. She ordered it as a full judgement, but he still hasn't paid it....

Go ahead and and do as your attorney says, its really up to the judge if they want to give you it or not. I think my judge mostly gave it to me because my ex could well afford it, I admitted in court that I hadn't been giving them to him, yet I still won.
 

penny4u

Member
Thanks. My attorney seemed really confident in this as well. He's been in front of her many times so he says he gets a good feel of how she's going to rule.

Even if it just a judgement...I'd like that to sit on his head. Hopefully we will be able to put it on his house that he lied in court about owning.
 
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betterthanher

Guest
penny4u said:
Hopefully we will be able to put it on his house that he lied in court about owning.
Did you prove in court that he lied?
 

penny4u

Member
Yes, he said in his deposition that he did not own any property and that the house he lives in is his girlfriends. It's true that that house is his girlfriends only, but he is a sole owner of a property else where. I have a copy of his deed and title report. Plus that address is on some of his tax filings So yes, that's proven.
 

penny4u

Member
Thanks for the replies on the medical. Does anyone have any experience with dealing with a family owned business as well in regards to CS?
Thanks much.
 

xKellyx

Member
penny4u said:
Thanks for the replies on the medical. Does anyone have any experience with dealing with a family owned business as well in regards to CS?
Thanks much.

I don't have any experience with this, but, you could ask for his tax records, if he has been filing them correctly that would show a lot. Ask for several years back.
 

CJane

Senior Member
betterthanher said:
Ummm....since you never submitted them to him, then you have no right to say "he hasn't paid them." You're misrepresenting the truth.
heh. This is the same crap my ex is pulling right now. Claiming that I have 'refused to pay' medical bills that he never submitted to me - he's hoping to get me on contempt charges for the refusal.
 
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betterthanher

Guest
CJane said:
heh. This is the same crap my ex is pulling right now. Claiming that I have 'refused to pay' medical bills that he never submitted to me - he's hoping to get me on contempt charges for the refusal.
And I am sure he'll be able to produce all of those "return receipts" to back up his claim, huh? LOL ;)
 

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