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Equal Rights Finally Comes to Child Support!

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posted on Oct, 30 2009 @ 05:02 PM
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It's never usually a good sign when a Sheriff Deputy shows up at your work to serve you with Court Papers first thing in the morning before you've had your first cup morning coffee.

Being that they were with the Sheriff's Department and not PD or FBI I didn't sweat it too much and knew that I was being served.

I almost fainted when I opened the Court Papers to find out why!

Turns out the Administrative Rules for Child Support in my State have finally caught up with the times.

I have Joint Custody of my daughter, yet I've been paying $650/mo in Child Support + $250/mo in Court Ordered Health Insurance for the past 7 years. It wouldn't have been a big deal if that Child Support was actually going towards my child, but as there is no regulation over how Child Support can be spent, my daughter's mother has spent that money on everything from Breast Enhancement to getting one new Sports Car after another (which she always totals while driving drunk). My daughter noticed from Day 1 how this Court Order adversely affected her Quality of Living while with me, while not improving her Quality of Living while with her mom and has always wished that it would be reversed.

Well, it has!

The reason why I had so much Child Support Liability is that my Ex has claimed $0 income for the past 7 years, despite being a CPA. She works for the local University making twice what I do, but the University classifies it as "Work Study" even though she is given a Salary. She also works under the table for her father's business. It also never took into consideration her Life-Partner's Salary either.

Now, our State has changed three critical aspects of the Child Support Regulations that have worked out in my favor.

1.) The loophole of $0 income doesn't fly anymore. If you claim $0 income then you are calculated at Full Time Minimum Wage for the purposes of Child Support. This closes the loophole both women and men have abused in the past, as well as provide incentive for those milking State Welfare and Assistance to actually get a job. The same rule also takes into account the Household Income, therefore if the woman is shacked up with someone, then their domestic partner's Income is counted too (and if they are an unemployed dead-beat, then they too are calculated at Full Time Minimum Wage!)

2.) No longer is Child Support in favor of the Mother as it has in the past. Now, Child Support Obligation is determined based on the percentage of Custody Time. Therefore, if you have Joint Custody with half-time, you are only obligated for half the Child Support Obligation. As it becomes more common for Dads to take an active part in their child's life, and sue for Joint Custody, this is long overdue.

3.) The skyrocketing costs of Health Insurance are no longer the sole burden of the Dad to bear. The cost of Health Insurance is credited against the Gross Child Support Obligation to determine the Final Net Obligation.

With these changes, my Court Papers I was served with gave me the wonderful news that my $650+$250 a month Child Support Obligation has turned into $100 MINUS $250 for a Total Child Support Obligation of -$150! Meaning my Ex has to pay ME Child Support of $150/month!

Yes, that's a change of +$1150/month in my favor!

My daughter is overjoyed as now we can go back to living a life she once enjoyed.

Now that Equality has finally come to Child Support, perhaps the Court System will get around to making it easier for Dads to get get Equal Custody, or even providing Primary Custodial Rights in cases where the Mother is clearly unfit, such as Drug Use and Physical Abuse. As it stands now, the Courts would rather still just Rubber-Stamp the same Custody Agreement for everyone, regardless of circumstances.




posted on Oct, 30 2009 @ 05:11 PM
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I am happy for you that it has worked your way. I believe though that this is just the State you live in and not through out the whole U.S. If this is indeed a step that North America is heading to, to help those in need (ie: Fathers who are being abused by paying massive amount of Child Support), then it is welcomed by me since I am in the same shoes you were before posting this thread.

Cheers and Congratz!



posted on Oct, 30 2009 @ 05:17 PM
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reply to post by fraterormus
 


Well my friend, first of all I would like to give you my sympathies for your ex-wife being so....well let's leave it at that
.

Second, your daughter is going places my friend. Having noticed THAT at such a young age AND having what you described in previous threads I don't know why you don't have sole custody.

You are obviously a better father than she is a mother.

Third--This is great news for ALL men who were in your predicament. It's ridiculous to think that for all these years courts were still leaning with mother's even if they did have DUI's and ridiculous incomes that were masked by clever fine print.

I hope and know you will use that extra income to make your daughter even more incredible and give her extra tools to become an outstanding member of society.

~Keeper



posted on Oct, 30 2009 @ 05:20 PM
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reply to post by fraterormus
 


Congrats and do it right!


2 line post



posted on Oct, 30 2009 @ 05:34 PM
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Well, in all fairness, the changes were made to not just benefit Dads in cases of perma-Welfare Mothers, but intended to benefit Moms too where the Dad was a deadbeat and purposely not working to avoid Child Support Obligation. It was nice though that they made the door swing both ways equally.

It's equally as nice to see the State take an active role in providing incentive for people to get off State Assistance and Welfare, as it is meant to be temporary help for those in need, not a permanent Lifestyle choice.

I can imagine though that for those genuinely unemployed during these difficult financial times this would also amount to detrimental changes adding to their already tough financial situation. So, there is a part of me that questions the timing of these changes, although in my case they are most certainly welcome.

There was also another State Change regarding Child Support that I didn't mention (because it didn't pertain to my situation because the Judge in my case actually ordered it at my specific request) is that all Child Support is now payable to the State, by mandatory Garnishment, and the State then pays the appropriate party. This takes the burden of proof off both parties, as the State becomes responsible for the accounting and frees up the Courts from having to hear cases where one party claims not to have received Child Support from the other party even when it has been paid. The downside of this, of course, is since it is done as a Garnishment, it reflects poorly on your Credit Report and Score. Hopefully the three Credit Reporting Agencies will change this.

The next reform that I would like to see is accountability for how Child Support is spent, ensuring that it actually goes to the benefit of the Child, rather than be wasted on drugs, booze, or luxuries for the receiving Parent. However, until someone figures out a creative way of doing this, it is unlikely to happen as the burden of oversight would be too great on State Governmental Agencies.

Before being in this situation of being a Joint Custodial Dad I never realized how out-dated, damaged, and broken the System was. It seemed like a relic from the 1950s and has been a living nightmare at times. However, with all things, Government Bureaucracies are inefficiently slow to change, but change does eventually happen. So, if your State hasn't caught up to the times yet, have hope as it most likely is coming down the pipe...it just may take a while.



posted on Oct, 30 2009 @ 05:51 PM
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Child support should never be abought the gender of the parents but the well being of the children.

My ex hides behind flimsy trust accounts that pay no one but him. A business hires the trust and he does the work and they pay the trust and he controls the money. He can command over 150 per hour, yet he claims he has no money. Which is called a technical truth.

So I have been rendered homeless twice by his on again off again payments. I do not get nor have ever gotten welfare, only medicaid. I struggle and am now about to be there again and with no vehicle.

He owes me over $75,000 in back support yet has never been in jail or lost his liscense. In fact it appears the CSE unit is always helping him.

My children have lost so much, I sold everything to keep us afloat. My son still needs his wisdom teeth pulled and my daughter needs medical care. Yet he is and has always been more concerned with his money then his family.

So please stop with the whole gender bashing thing. Human beings make choices to be a certain way. For some its women for others men, in the end it should be about being a responsible person.



posted on Oct, 30 2009 @ 06:09 PM
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Originally posted by spiritwomyn
Child support should never be abought the gender of the parents but the well being of the children.

So please stop with the whole gender bashing thing. Human beings make choices to be a certain way. For some its women for others men, in the end it should be about being a responsible person.


Absolutely agreed. It should have never been about the gender of the parents to begin with, and it should have always been about the well-being of the children first and foremost.

Forgive me if it sounds like I was bashing women and making it sound like a gender issue. The changes in my State swing both ways, benefiting both genders which is why the Title of the Thread was "EQUAL RIGHTS FINALLY COMES TO CHILD SUPPORT".

It sounds like your particular case is also at the other extreme, and you and your children have my total sympathies. It is sad that their Father would be so irresponsible as to not care about their welfare and well-being.

However, there are Federal Laws in place that are meant to prevent those kind of grievous avoidance of paying Child Support. You may want to contact the OCSE (Office of Child Support Enforcement).

The OCSE can obtain Child Support Payments for you by getting those funds from your Ex by:

1.) Routing Federal and state income tax refunds to the Child Support Recipient.
2.) Liens placed on property
3.) Sale of property.

When past-due child support is owed, the following may occur:

1.) Unpaid child support can be reported automatically to credit reporting bureaus.
2.) Drivers, professional, occupational and recreational licenses can be suspended if the obligated parent is not paying required support.
3.) The U.S. State Department will revoke or deny a passport to someone who owes more than $2,500 in back child support.
4.) Child support agencies have agreements with financial institutions to freeze and seize accounts of those identified as owing back child support.
5.) In certain states and under certain circumstances, criminal actions can be taken against chronic delinquent parents who owe large sums of child support.

You can contact your local OCSE here:

ocse.acf.hhs.gov... extivdlist

You can also report Child Support Evaders here:

www.acf.hhs.gov...
Be sure to include as much information as you have - name(s), Court Order #, state where the custodial parent/children are, state where the noncustodial parent is, where he/she is working, and any identifying information that you think of, as well as any information on how they are evading Child Support.

[edit on 30-10-2009 by fraterormus]



posted on Oct, 30 2009 @ 06:27 PM
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As great as that information is, it will not help me. My ex does not use his SS# nor does he pay taxes, something the court has known from day one.

He does not file taxes and his parents own his house. He leases his vehicle through a trust. So there is no recourse for me.

For over four years I have asked the CSE of Colorado and Nevada to assist me with no luck.

The last time he went to court they never even informed me. He walked out of court and stopped paying again. I can not even get an attorney to help me.

I even tried to negotiate a settlement with him only to be told I was not getting one more red cent. Even the IRS seems ok with him and his supposed business trust not paying taxes.

And yet I have seen a migrant farm worker with six kids and who owed on one child to the tune of $1500, get sent to jail.

The CSE units will go after deadbeats who owe the state, with a vengence, but for those of us who have chosen not to get a government hand out, we get lip service.

I was just looking at a truck and fifth wheel for sale in my area for 15,000 and thinking how great that would be if I could even get half of what was owed me. My daughter and I would have a home and a chance to get on our feet.



posted on Oct, 30 2009 @ 06:43 PM
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This is awesome news. I live in Michigan, and the court system here is so one sided it's enough to make you sick. I have paid and paid and asked over and over again that my son's mother provide proof that she is providing the necessities for my son and they respond with "that money goes to providing a household for your son". I am tired of supporting my ex as well as my son. I can see paying for him, but she should benefit in no way shape or form. What state was this recently passed in?

[edit on 30-10-2009 by SpaDe_]



posted on Oct, 30 2009 @ 07:02 PM
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reply to post by fraterormus
 


Its good to hear that things are finally turning to be fair....

Iv heard stories like this time and time again. Fathers who are left to pay out the big bills and the mothers are often enough not held equally accountable because in this world there is this bias that the "men" are to take most blame for the circumstances... this is not to say this is in all cases.... woman can have it just as unfair.... but there have been biases in the system that has turned on mostly the men..... so this is a sign of changing times. Hopefully things can continue to prove throughout the system.

SG



posted on Oct, 30 2009 @ 07:04 PM
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Originally posted by SpaDe_
This is awesome news. I live in Michigan, and the court system here is so one sided it's enough to make you sick. I have paid and paid and asked over and over again that my son's mother provide proof that she is providing the necessities for my son and they respond with "that money goes to providing a household for your son". I am tired of supporting my ex as well as my son. I can see paying for him, but she should benefit in no way shape or form. What state was this recently passed in?


It has been very one-sided just about anywhere in the United States, but many States are coming around and catching up with the times. Justice should be blind to gender, even though it has not been traditionally in Family Law cases...but times are a changin'.

Unfortunately these changes still don't provide for assurances that Child Support actually goes to benefit the Child. Much like Welfare and Food Stamps, it is on the "honor system" and assumed that the recipient will do the right thing with it...but in all honesty, there is just no easy way to have oversight which would account for how it is used. This is indeed something that would be beneficial for the children, for whom those funds are meant to support, but until there is a way to do such efficiently (as in automated), without it being overly invasive (as in a violation of privacy), we won't be seeing such reform anytime soon.

And as for my State, it is the State of Oregon, which has traditionally been in the Dark Ages on Child Custody and Child Support, much like Michigan. It was a sleeper change, as it being a change in the Administrative Rules it was not put up for a vote either by the people or by the State Congress. If I had not been served by the Court, I wouldn't have even known it happened.

The other funny thing with the Court Papers I was served was that it told me I had 30 days to contest it, otherwise if I did nothing then it would go into effect. It seemed a little ridiculous as who is going to contest a +$1150/month change in their favor? However, I do like the notion of not having to do anything even though I was served. (It just seems that they could have more wisely spent .44 cents to do what cost the State $15 for a Serving Fee + the Hourly Salary of a Sheriff Deputy to serve.)



posted on Oct, 30 2009 @ 07:49 PM
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Once a mans child is taken away from him the man is left with nothing and the child is left with nothing. The wife walks away with your money and life goes on. But not always, sometimes a ripple in the ocean can become a huge wave. Congratulations, it's always good to hear good news!



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