[deadbeatdad]

I have 2 children.One is now 19,the other will be 18 on August 17.Back in 1999,Dfacs brought the children to me because of "excessive physical abuse".I quit paying support since they lived with me.The mother and her husband(a convicted felon,40,000$ worth of marijuana)were ordered to attend "parenting classes"After 2 months or so,DFACS called,said the mother wanted the youngest back,but not the older one.The older one lived with me several years,then both,then one or the other or both,ever since then.

The mother has already been banned from foodstamps and housing for life because of repeated fraud.I found out that the mother was on ssi,and received a separate check of 169 a month per child,for the care of that child.She rarely had contact when she was having one of her fits,never sent money.When I contacted SSA about the fraud,they were set to investigate,I had school records,medical records,witnesses,all of it.The mother suddenly reappeared,crying"I'm going to prison if you don't come live with me".They went,I understand,they were too young to understand momma was "playing them"As soon as the investigation was closed,and court was over,they were thrown out again.

All along,although I have undisputable proof,and actually,neither the mother nor csr denies it,since I was raising the kids,paying what I could to the mother to satisfy that psychotic agency,AND she was pocketing ssi checks meant for the care of the children.

Almost 2 years ago,I hurt my back,during a routine blood test,polycythemia,advanced cirhossis(I have never drank,no hepatitis,they don't know why,hemo-something,basically,I am dying.They IMMEDIATELY put me on ssdi,no "reconsideration",no court,just disabled me immediately.Although in their wisdom,I have no medicaid,and will not be eligible for medicare till May,08.

We went to court in May 07,was granted a "final relief"which stated ssdi would take care of my currents,and although they started by claiming I owed 28,000$ in arrears,and the judge gave me zero credit for all the years the kids stayed with me because the court order had never been changed,once the calculator came out,through it all,the actual figure was 2,000 in arrears,to be paid 50 a month,no interest.My ex simply walked out of the courtroom.

Let me explain,a custody lawyer begins around 2,500$,very hard for a blue collar man to come up with when raising kids,having to pay current to the mother of the kids he is raising,and receiving none of the SS money that is supposed to go to the caretaker,me.Legal aid is no help.DFACS said to "get a lawyer",Juvenile justice,same thing.NOBODY seems to give a damn about the FATHER,but all a woman has to do is oick up the phone,nothing needs to be verified,and CSR comes to destroy you,period.Nothing at all about the children's welfare,not in the least.

Now,after my "final relief"was granted,seems the mother,who walked out of court,doesn't agree,so CSR is happily bringing me back to court.They claim I have not complied with the court order,although their very own website shows not a single missed payment.They claim I owe 10,000 in arrears,plus they want current,in addition to my ssdi.Although My child is 17,she has been gone from her mothers since 2 days after the last court.Even lived in another city,was tired of her mom pocketing the SS money and now gets it in her name.How the HELL can CURRENT even be an issue?She receives benefits from me PLUS she isn't even on speaking terms with her mother.How can they simply pull numberrs out of the air for arrears?They have NOTHING to back it up,nothing at all.The CURRENT welfare of the child is no longer an option.If I bring school records,police reports,witnesses,heck,CSR has it in writing they KNOW the kids lived with me,they don't care.Will the judge,now that the current welfare of the child is not an issue,have the discretion to close out the arrears?This is Richmond County,Georgia.Any advice?

[George_1950]

You should not give up on finding a lawyer who will help you. One way is to get a referral from your pastor, or a local pastor, or from someone you know and trust in your community. You have presented lots of facts here and you need to be ready to present them at the next hearing. I hope you have a patient judge who is willing to give you the time to present your case. You should contact the judge's secretary and ask about the number of cases on the calendar. If it is loaded with cases, you should ask the secretary to reset your case where you will have sufficient time to make your presentation. Have an outline of what you want to say and show to the judge, so that you can estimate how much time you will need. You should have an opportunity to dispute or contest whatever CSR says. A judge can do about anything he/she wants to do.

[Fr_Chuck]

I went though something similar, I had the children, but forgot to go to court to get the child support order modified, guess what, I ended up having to pay for all the time I had the kids before the order was modified, the order did not specifiy any other arragements. Hope you find an attorney and hope you get a more understanding judge than I had

[deadbeatdad]

You should not give up on finding a lawyer who will help you. One way is to get a referral from your pastor, or a local pastor, or from someone you know and trust in your community. You have presented lots of facts here and you need to be ready to present them at the next hearing. I hope you have a patient judge who is willing to give you the time to present your case. You should contact the judge's secretary and ask about the number of cases on the calendar. If it is loaded with cases, you should ask the secretary to reset your case where you will have sufficient time to make your presentation. Have an outline of what you want to say and show to the judge, so that you can estimate how much time you will need. You should have an opportunity to dispute or contest whatever CSR says. A judge can do about anything he/she wants to do.

Yes,I am TOO aware of a judge's power,haha.Very good advice though,this last Judge was sympathetic.I have been researching on the internet,and I have found(I think) that if the "show cause"is requesting incarceration(It is)That they must inform me of my right to counsel,and also to provide me with council should I be indigent.SSDI my only source of income,so I am indigent.Do you know anything about that.The page a got that from is from the US dept of Human rescourses,child support collection division.It clearly states they wish me incarcerated until such time as debt(don't know what,they have 4 different amounts)is expunged.It is called "coersive incarceration".Do you know anything about it?

[cwarricksgal]

I have 2 children.One is now 19,the other will be 18 on August 17.Back in 1999,Dfacs brought the children to me because of "excessive physical abuse".I quit paying support since they lived with me.The mother and her husband(a convicted felon,40,000$ worth of marijuana)were ordered to attend "parenting classes"After 2 months or so,DFACS called,said the mother wanted the youngest back,but not the older one.The older one lived with me several years,then both,then one or the other or both,ever since then.

The mother has already been banned from foodstamps and housing for life because of repeated fraud.I found out that the mother was on ssi,and recieved a seperate check of 169 a month per child,for the care of that child.She rarely had contact when she was having one of her fits,never sent money.When I contacted SSA about the fraud,they were set to investigate,I had school records,medical records,witnesses,all of it.The mother suddenly reappeared,crying"I'm going to prison if you don't come live with me".They went,I understand,they were too young to understand momma was "playing them"As soon as the investigation was closed,and court was over,they were thrown out again.

All along,although I have undisputable proof,and actually,neither the mother nor csr denies it,since I was raising the kids,paying what I could to the mother to satisfy that psychotic agency,AND she was pocketing ssi checks meant for the care of the children.

Almost 2 years ago,I hurt my back,during a routine blood test,polycythemia,advanced cirhossis(I have never drank,no hepatitis,they don't know why,hemo-something,basically,I am dying.They IMMEDIATELY put me on ssdi,no "reconsideration",no court,just disabled me immediately.Although in their wisdom,I have no medicaid,and will not be eligible for medicare till May,08.

We went to court in May 07,was granted a "final relief"which stated ssdi would take care of my currents,and although they started by claiming I owed 28,000$ in arrears,and the judge gave me zero credit for all the years the kids stayed with me because the court order had never been changed,once the calculator came out,through it all,the actual figure was 2,000 in arrears,to be paid 50 a month,no interest.My ex simply walked out of the courtroom.

Let me explain,a custody lawyer begins around 2,500$,very hard for a blue collar man to come up with when raising kids,having to pay current to the mother of the kids he is raising,and recieving none of the SS money that is supposed to go to the caretaker,me.Legal aid is no help.DFACS said to "get a lawyer",Juvenile justice,same thing.NOBODY seems to give a damn about the FATHER,but all a woman has to do is oick up the phone,nothing needs to be verified,and CSR comes to destroy you,period.Nothing at all about the childrens welfare,not in the least.

Now,after my "final relief"was granted,seems the mother,who walked out of court,doesn't agree,so CSR is happily bringing me back to court.They claim I have not complied with the court order,although their very own website shows not a single missed payment.They claim I owe 10,000 in arrears,plus they want current,in addition to my ssdi.Although My child is 17,she has been gone from her mothers since 2 days after the last court.Even lived in another city,was tired of her mom pocketing the SS money and now gets it in her name.How the HELL can CURRENT even be an issue?She recieves benefits from me PLUS she isn't even on speaking terms with her mother.How can they simply pull numberrs out of the air for arrears?They have NOTHING to back it up,nothing at all.The CURRENT welfare of the child is no longer an option.If I bring school records,police reports,witnesses,heck,CSR has it in writing they KNOW the kids lived with me,they don't care.Will the judge,now that the current welfare of the child is not an issue,have the discretion to close out the arrears?This is Richmond County,Georgia.Any advice?

Unfortunately your ex wife can push for the arrears for a long time . Arrears have nothing to do with current child support . If you can prove the children are no longer living with mom you can petition for current support to be stopped but you are still responsible for the arrears . Sorry I know this is not what you wanted to hear . Good luck .

[George_1950]

Sounds like you have been 'served' with a summons and petition, etc. You wrote, "It clearly states they wish me incarcerated until such time as debt(don't know what,they have 4 different amounts)is expunged.It is called "coersive incarceration".Do you know anything about it?"
Question for you: Is this from what you read on the internet, or from the papers you received from the sheriff or in the mail?

[deadbeatdad]

Sounds like you have been 'served' with a summons and petition, etc. You wrote, "It clearly states they wish me incarcerated until such time as debt(don't know what,they have 4 different amounts)is expunged.It is called "coersive incarceration".Do you know anything about it?"
Question for you: Is this from what you read on the internet, or from the papers you received from the sheriff or in the mail?

On the "modified complaint for contempt I got served with,it has
A)That the defendent be found in willful contempt of the courts prior order(Not a SINGLE late or missed payment.They have recieved every one.They have a record,I can see it on the "portal"thing,don't know WHY they would lie)

B)That the defendant pay the costs in bringing this action(Why,I already had a "final relief"?)

C)That the defendant be INCARCERATED until such time as (s)he purges herself/himself of these acts of contempt

D)That the court order an income deduction order....the rest is blah blah.


I don't know how to do the link thing,but I got the "entitled to an attorney if threatened with coersive incarceration from their own main website


http://www.acf.hhs.gov/programs/cse/pubs/2002/reports/essentials/c10.html


I'd sure appreciate it if you'd give me your take on it