Need Advice, Court tomorrow afternoon

[mrmagoo]

Hello, I have an upcoming court date for modification of child support. My ex-wife is seeking an increase but here is what I need advice on. My ex's been arrested for identity theft and I don't want her to have access to my personal information as well as want some provisions addressed in the modification order.

Such as (1) claiming exemptions for the kids if I provide more than half of their total support, (2) keeping her from using my name, ssn and other personal info to incur debts. (3) keeping my ex-wife from gaining access to my personal information. (4) that we split uninsured medical and dental costs 50/50. (5) that my ex-wife is not to use my name, ssn#, personal or other information in order to incur obligations, bills or agreements regarding uninsured medical & dental costs.

My ex has been such a headache for me and my current wife the last 3 years that it has cost us credit accounts, problems with mortages and almost lost my job.

I just want to protect myself, I'm not sure what a judge will grant and not grant, what to expect as its been a few years since my last modification, please I will hear what anyone has to say regarding going before a judge for a child support hearing, and what happens when the two parties can't or won't agree on certain things. Thanks!!!!

 

[smh33]

Hopefully you have been gathering your evidence for a while based on what you imply has been going on. First thing to consider is why she is seeking increase, what reason...usually has to be a substantial change in circumstance... Also look up your state's statutes on support & modification...many states have guidelines that have to be met...if ex does not meet..maybe non issue. Also, everything you mentioned, you can request to the judge...getting any, well up to judge. If you can show,have documentation of ex's misconduct/mismanagement...should be no problem but some issues..med,etc...may require a motion filed for clarification of your current order as some states...support is just that...everything else falls under the order. Most judges award overhead expense, med/den,etc...50/50...ask that you pay it direct to provider or ex pays, you reimburse/vice versa otherwise that can be a whole other battle. Have all your expenses documented, in easy form for judge to see even if you already filled out financial statement for figuring support. Legally ex can not use your ss# or name to assume a debt and you have legal rights beyond custody court there if you can prove.
Tax deduction...good luck...depends on state,judge...good luck, hope you have your info

 

[mrmagoo]

smh33, another Child Support Question?

Just wanted to say thanks to smh33 for advice the other day. Court didn't go exactly like I planned but your advice really helped. Ok, I have another question...

CSE first contacted me in June, tried calling for a week, no response. I sent them a certified letter in June, they never responded to my letter. 50 days later, they filed a civil action against me in court, 52 days later (the week before the hearing) they send me a certified copy of the action. I have to scramble to find a lawyer to get an extension.

My lawyer gets an extension, I finally go to court and the case against me gets dismissed for CSE not being prepared. My lawyer and CSE are going to work out the issues so I don't have to keep appearing. I was wondering if I can sue CSE for my court costs for them trying to railroad me without properly notifying me and not being prepared even after all this time. basically they held me at bay for all this time and their case gets dismissed.

thanks!

 

[smh33]

doesn't like went as bad as expected, if so...hey you won. Nothing from courts is ever what expected, and as NCP ..starts already leaning against you. I hate to hear it also but, a lot just depends, a toss up...first thoughts..
Not sure understand CSE contact stuff..who trying to reach whom & for what purpose....u trying to tell them u behind or vice versa?
to give you court date hearing increase,then what did you send them? If you are not current on support, to your benefit to become so quickly...may have all been worked out in hearing?

Best guess..CSE protected by 'best interest'....can't prosecute if acting in child's best...with law authority,etc.....like child abuse..can take kids,prove claim false..don't think u can sue them.......also if you can sue,etc....these are folks you are likey to see again, they will remember. Understand u'r feeling & are valid, u were wronged....law accomodates redress & comp...except when it is custody/support it seems. Those you challenge will only see another NCP trying to get out of support,any expense,etc...
If you lost...do you know reprecussions of...could they make u pay thier expense,etc....
Otherstuff..I can tell you exactly what my judge would say to you if your post was defense,your reasoning..my judge is very bad,biased,etc..but hear in my head as reading post...know well, has been my judge 8 yrs & ex/I have had28 court hearings....
assuming support current,assuming CSE calling to set hearing

My judge: Extension?Lawyer...you sent u'r letter in June..got notice 52 days..u didn't think somewhere in those 52 days u were to need a lawyer? Letter is june,52 days earlier so you knew situation..extension..why is this my problem?
Certified..do you have the signed reciept of delivery? Yes..lets see/ no..why would you assume CSE got if no reciept..is that not purpose of sending cert? 52 days, how many attempts did you make to reach CSE?
Support,every single little aspect of it, is your responsibility..not employer,clerks of court,CSE,etc..you are responsible for making ure wage is garnished,$ is correct,on time,$ makes to/received at support office,etc...(also what is date of u'r action,papers & usually it is noted on papers how many times tried served..may not apply,don't know u'r whole case)
See point..I am always amazed at how person can restate/word events/actions of another and suddenly one can look so wrong,etc......also think some states have laws, after so many serve attempts,court can rule without u prescence
My personal advice would be..if you came away from court with more than u expected,savor...lawyers have told me,always go custody court expecting to get nothing,,,getting anything really is a great victory. Just eat dust on CSE issue..no matter how morally/ethically right...need law on your side & it on CSE's before yours, really do not think you would win, if possible..if heard diff city,judge..maybe...child support outweighs all it seems. You do not need to burn any bridges..CSE,judges,etc..& think news of your suit would get around...
Story sounds involved...sounds like not end of your battles...sometimes best to take small wins,bide your time and keep documenting
Congrats court not so bad...hope my judge thing not to harsh..not personal but you have years ahead to see for yourself..best wishes