Chamillion
Member
What is the name of your state? TX
The AG filed a motion for enforcement, and I am to appear on the 12th of December for a hearing. I am trying to bulletproof my defense and would like any input you guys may have, some things I may have overlooked etc...here's a history of the events.
Daughter was born 01/02/03. Mother was on medicaid, therfore state files on me. we discussed, and it was decided that since she was still having problems related to the pregnancy that we could just go into the AG and agree to the support order. This was June of 2003, and we were still together. After a few months, the enforcement was dropped because it was causign us to pay our bills late, so she just got off medicaid, and stopped the enforcement.
February 2004, I decide to leave the relationship. My daughter spent the majority of the time with me. (59% as opposed to her mothers 41% of 2004) She did not enforce the order because there was no reason, especially since she hadn't worked since she was 5 or 6 months pregnant with our daughter. I paid her bills even though we had broken up, and I still had my daughter living with me. She finally got a job around November of 2004, but it was part time and I continued to pay her bills. (roughly 1100 per month)
2005 - Daughter was with me 57% of the time as oppsed to her mother 43%. Mind you, the months of September through November, I did not see my daughter because she got upset and ran off to an undisclosed location with her. I saw her the Monday after Thanksgiving that year for the first time since Sept. 5th
I had stopped paying all of her bills, and was only paying her car note, lights, and for all of her gas. (added her to my valero account and paid it) The total I was spending was roughly 600 per month) When she ran off with her, she filed for enforcement and after talking things over, she dropped the enforcement again.
2006 - Daughter was with me 65% of the time to her mothers 35%. I was still helping her mother out whenever she needed my help, but was not paying any set bills. By this time, my daughter was enrolled in daycare in the county I stayed in, and I of course paid for that. (400 per month) No seriious drama this year, everything was smooth. I had a second child born to me by my fiancee in Feb of 2006, and that was the only major event.
2007 - Daughter was with me up until August before her mom found out I was engaged and then took her away from me again, and then filed for support enforcement. During this time, she was with me 68% of the time as opposed to her mothers 32%. In march of this year, child's mother asked that I help her because she was 2200 behind on her car notes, and they were going to reposses her car. After conferring with my fiancee, we decided to pay for all of it, and then paid one note ahead, thus giving her a total of 2500 dollars. This was paid by check directly to her. Also, my daughter was enrolled in daycare still and the tuition remained the same per month at 415. After this, I think you guys know all of the stories, and they are unrelated to the child support anyway.
Now, here are the things I've read up on in the family code:
§ 157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
OF POSSESSION OR ACCESS. (a) The respondent may plead as an
affirmative defense to contempt for failure to comply with an order
for possession or access to a child that the movant voluntarily
relinquished actual possession and control of the child.
(b) The voluntary relinquishment must have been for the time
encompassed by the court-ordered periods during which the
respondent is alleged to have interfered.
I believe that this is what I'm going to utilize as my defense. Further:
(d) An obligor who has provided actual support to the child
during a time subject to an affirmative defense under this section
may request reimbursement for that support as a counterclaim or
offset against the claim of the obligee.
(e) An action against the obligee for support supplied to a
child is limited to the amount of periodic payments previously
ordered by the court.
So right now, I have these two things. I am going to request the court offset the arreages under the sub section above due to the fact that I had care, custody and control of my daughter well in excess of court ordered visitation. Her mother not ONCE contributed to helping me take care of our daughter while she ws in my possession, but instead took trips, and spent countless monies on her boyfriend etc...It was my fiancee and I over here trying to figure out how were going to pay bills and having to reduce luxuries because NEITHER of us were receving any help from the other parents of our children. (she has and 8 year old son)
So anyway, here are the facts(backed up with witness testimony, and documentaiton i.e. financial records, daycare sign in and out forms, etc..):
Court ordered child support: 346 per month with 40 of that allocated for CHIPS insurance.
2004 - Court ordered visitation/2250 hours Actual Visitation/5196 hours
Days with Dad = 216.5 Days with Mom = 149.5
If we are to add the U.S.D.A. estimates based on my household status at the time, I can attribute 10,500 to money spent directly on my daughter.
2005 - Court ordered visitation/2250 hours Actual visitation/5016 hours
Days with Dad = 209 Days with Mom = 133
U.S.D.A - 10,500 in expenditures attributed to child
2006 - Court ordered visitation/2264 hours Actual visitation/5724 hours
Days with Dad = 238.5 Days with Mom = 126.5
U.S.D.A. - 10,500
2007 - Court ordered visitation up to August(because of temp orders, I'm only doing it up to that far) 1668 hours Actual hours/4488
Days with Dad = 187 Days with Mom = 86
U.S.D.A. - was not used during this time because we were able to use financial records to prove 8,817 dollars spent directly on my daughter.
As well, she has been on my health insurance at whatever job I held since Sept. 2004, but her mom kept her on medicaid as well because she stated that she did not have to pay for co-pays and medicine etc... and everything was free. But I still maintained the insurance.
Since I am unable to get a hold of financial records that date back through 2003, do you believe the court will allow the U.S.D.A. table to be used for the attribution of monies spent on my daughter?
The AG is asking the court to confine me to the county jail as well for non-payment. What are the chances, given all of this information above, that will happen? I did more than what the court ordered, so I'm hoping they will take that into consideration.
Right now I am 15,000 some odd dollars in arrears. She stopped the enforcement, but of course that did not stop the order. What are the chances of getting that wiped clean?
Also, is there anything else that I have forgotten, or that can be used to better my defense to this motion?
Forgot the link! http://www.cnpp.usda.gov/Publications/CRC/crc2006.pdf
Thanks in advance!
The AG filed a motion for enforcement, and I am to appear on the 12th of December for a hearing. I am trying to bulletproof my defense and would like any input you guys may have, some things I may have overlooked etc...here's a history of the events.
Daughter was born 01/02/03. Mother was on medicaid, therfore state files on me. we discussed, and it was decided that since she was still having problems related to the pregnancy that we could just go into the AG and agree to the support order. This was June of 2003, and we were still together. After a few months, the enforcement was dropped because it was causign us to pay our bills late, so she just got off medicaid, and stopped the enforcement.
February 2004, I decide to leave the relationship. My daughter spent the majority of the time with me. (59% as opposed to her mothers 41% of 2004) She did not enforce the order because there was no reason, especially since she hadn't worked since she was 5 or 6 months pregnant with our daughter. I paid her bills even though we had broken up, and I still had my daughter living with me. She finally got a job around November of 2004, but it was part time and I continued to pay her bills. (roughly 1100 per month)
2005 - Daughter was with me 57% of the time as oppsed to her mother 43%. Mind you, the months of September through November, I did not see my daughter because she got upset and ran off to an undisclosed location with her. I saw her the Monday after Thanksgiving that year for the first time since Sept. 5th
I had stopped paying all of her bills, and was only paying her car note, lights, and for all of her gas. (added her to my valero account and paid it) The total I was spending was roughly 600 per month) When she ran off with her, she filed for enforcement and after talking things over, she dropped the enforcement again.
2006 - Daughter was with me 65% of the time to her mothers 35%. I was still helping her mother out whenever she needed my help, but was not paying any set bills. By this time, my daughter was enrolled in daycare in the county I stayed in, and I of course paid for that. (400 per month) No seriious drama this year, everything was smooth. I had a second child born to me by my fiancee in Feb of 2006, and that was the only major event.
2007 - Daughter was with me up until August before her mom found out I was engaged and then took her away from me again, and then filed for support enforcement. During this time, she was with me 68% of the time as opposed to her mothers 32%. In march of this year, child's mother asked that I help her because she was 2200 behind on her car notes, and they were going to reposses her car. After conferring with my fiancee, we decided to pay for all of it, and then paid one note ahead, thus giving her a total of 2500 dollars. This was paid by check directly to her. Also, my daughter was enrolled in daycare still and the tuition remained the same per month at 415. After this, I think you guys know all of the stories, and they are unrelated to the child support anyway.
Now, here are the things I've read up on in the family code:
§ 157.007. AFFIRMATIVE DEFENSE TO MOTION FOR ENFORCEMENT
OF POSSESSION OR ACCESS. (a) The respondent may plead as an
affirmative defense to contempt for failure to comply with an order
for possession or access to a child that the movant voluntarily
relinquished actual possession and control of the child.
(b) The voluntary relinquishment must have been for the time
encompassed by the court-ordered periods during which the
respondent is alleged to have interfered.
I believe that this is what I'm going to utilize as my defense. Further:
(d) An obligor who has provided actual support to the child
during a time subject to an affirmative defense under this section
may request reimbursement for that support as a counterclaim or
offset against the claim of the obligee.
(e) An action against the obligee for support supplied to a
child is limited to the amount of periodic payments previously
ordered by the court.
So right now, I have these two things. I am going to request the court offset the arreages under the sub section above due to the fact that I had care, custody and control of my daughter well in excess of court ordered visitation. Her mother not ONCE contributed to helping me take care of our daughter while she ws in my possession, but instead took trips, and spent countless monies on her boyfriend etc...It was my fiancee and I over here trying to figure out how were going to pay bills and having to reduce luxuries because NEITHER of us were receving any help from the other parents of our children. (she has and 8 year old son)
So anyway, here are the facts(backed up with witness testimony, and documentaiton i.e. financial records, daycare sign in and out forms, etc..):
Court ordered child support: 346 per month with 40 of that allocated for CHIPS insurance.
2004 - Court ordered visitation/2250 hours Actual Visitation/5196 hours
Days with Dad = 216.5 Days with Mom = 149.5
If we are to add the U.S.D.A. estimates based on my household status at the time, I can attribute 10,500 to money spent directly on my daughter.
2005 - Court ordered visitation/2250 hours Actual visitation/5016 hours
Days with Dad = 209 Days with Mom = 133
U.S.D.A - 10,500 in expenditures attributed to child
2006 - Court ordered visitation/2264 hours Actual visitation/5724 hours
Days with Dad = 238.5 Days with Mom = 126.5
U.S.D.A. - 10,500
2007 - Court ordered visitation up to August(because of temp orders, I'm only doing it up to that far) 1668 hours Actual hours/4488
Days with Dad = 187 Days with Mom = 86
U.S.D.A. - was not used during this time because we were able to use financial records to prove 8,817 dollars spent directly on my daughter.
As well, she has been on my health insurance at whatever job I held since Sept. 2004, but her mom kept her on medicaid as well because she stated that she did not have to pay for co-pays and medicine etc... and everything was free. But I still maintained the insurance.
Since I am unable to get a hold of financial records that date back through 2003, do you believe the court will allow the U.S.D.A. table to be used for the attribution of monies spent on my daughter?
The AG is asking the court to confine me to the county jail as well for non-payment. What are the chances, given all of this information above, that will happen? I did more than what the court ordered, so I'm hoping they will take that into consideration.
Right now I am 15,000 some odd dollars in arrears. She stopped the enforcement, but of course that did not stop the order. What are the chances of getting that wiped clean?
Also, is there anything else that I have forgotten, or that can be used to better my defense to this motion?
Forgot the link! http://www.cnpp.usda.gov/Publications/CRC/crc2006.pdf
Thanks in advance!
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