Log in

View Full Version : I'm being taken!


lillie902
Apr 4, 2008, 08:38 AM
Hi, I live in New York, and I just found out that I have a fifteen yr old that lives in Florida. I would like to know if there is a form that I can request the court to require that she have accountability for the money I have to give her? I know it exist in Florida. I recently found out she has a my space, and claimed in court that she has no money. That her yearly income was 18,000. On the space she is exihibiting a car and claiming that she earns 45,000 to 60,000 a year. And also shows vacations she and the kids are on, and parties in her house. As well as domestic partner, which she claimed in court not to have.

ScottGem
Apr 4, 2008, 08:41 AM
Were you taken to court and ordered to pay support?

lillie902
Apr 4, 2008, 08:53 AM
Yes. Paternity established and I'm paying 135 a week plus they want me to pay 202 extra for arrears of 5,600.

George_1950
Apr 4, 2008, 08:59 AM
Sorry: I read your post, lillie902, and I don't understand a word of it. A time line with setting and intro to characters would really help me. Thanks.

George_1950
Apr 4, 2008, 09:02 AM
yes. paternity established and I'm paying 135 a week plus they want me to pay 202 extra for arrears of 5,600.
This is some help; you have an attorney? Is there a father with custody? If all this is new information, or in any way fraudulent, you may need to request a modification.

JudyKayTee
Apr 4, 2008, 09:49 AM
Hi, I live in New York, and I just found out that I have a fifteen yr old that lives in florida. I would like to know if there is a form that I can request the court to require that she have accountability for the money I have to give her? I know it exist in florida. I recently found out she has a my space, and claimed in court that she has no money. That her yearly income was 18,000. On the space she is exihibiting a car and claiming that she earns 45,000 to 60,000 a year. and also shows vacations she and the kids are on, and parties in her house. As well as domestic partner, which she claimed in court not to have.


I'm confused - you are sending money directly to a 15 year old? Can't be.

Assuming you are talking about child support which you are sending to your daughter's mother - not directly to the child - no, there is no form to account for the money which you send. You have absolutely no control over the child support money unless you have control over the child. If the mother co-mingles it with her own funds she is still providing the necessities - a roof over the child's head, utilities, food - for the child with that money.

I believe you are wrong about Florida - if you go to Court the father presents his income records, the mother presents hers and the Court decides. Support is not based in ANY State by what you need or think you need - or what you think the child needs or doesn't need.

Now, maybe you're talking about spousal support - but it doesn't sound like that - in which case you also don't have the right to control how the alimony/spousal support money is spent.

And as far as MySpace - do you think anyone on MySpace lies about income, cars, lifestyle in general? If you believe what she has posted, then file a Petition with the Court to lower the support but keep in mind that you are probably paying according to the law, by Statute, and it would make no difference if she lives in a mansion and you live in a car - you pay a percentage.

If you have paid no support for the 15 year old (15 years of unpaid support - ?) I would be prepared for her to counterfile for past due support - perhaps just to hassle you and make your life miserable.

The way you explained this makes little sense to me -

asking
Apr 5, 2008, 12:13 AM
If you have paid no support for the 15 year old (15 years of unpaid support - ?)

Yes. $5600 in back support divided by 15 years is only $375/year. Pretty cheap to raise a kid! I wouldn't complain if that's all you have to pay or you could end up paying a lot more...
Asking

ScottGem
Apr 5, 2008, 04:42 AM
The bottom line here is if you think she lied in court, instead of lying on MySpace then get proof and go back to the court for an adjustment. Neither the custodian nor the child has to give an accounting of how the money is used. But they do have to provide documentation of the income they report for purposes of calculating support. I would suspect that they provided tax returns or pay stubs. Didn't you? You can ask the court to subpeona such.

Also, if the child is complaining that the custodian is not providing for her needs, you can either file for custody or report it to children's services.

JudyKayTee
Apr 5, 2008, 05:08 AM
yes. paternity established and I'm paying 135 a week plus they want me to pay 202 extra for arrears of 5,600.


Could you explain a little more? You just found out you have this child - but you owe arrears? Did the Court award child support for time when you didn't know you had a child?

lillie902
Apr 6, 2008, 08:45 AM
Yes, I received papers from the court stating that I have to go to court for child support. I had no idea what was going on. When I went to court this woman was claiming that 15 years ago when I was 15, had conceived a child that I had no knowledge of. I requested a paternity test and it came back positive. I am now paying 135 a week and she claimed that I owed also arrears from the day she filed the papers. I have no problem paying it is not the child's fault. I didn't appreciate the fact that now she's on a web site exhibiting herself with her long time spouse which she claimed in court she did not have so that it would not increase her total income and projecting cars and vacations which she claimed in court not to have any money to even feed the kids or make ends meet. Is filing for joint custody a wise idea? Or even visitiation?

JudyKayTee
Apr 6, 2008, 08:52 AM
Yes, I recieved papers from the court stating that I have to go to court for child support. I had no idea what was going on. When I went to court this woman was claiming that 15 years ago when I was 15, had concieved a child that I had no knowledge of. I requested a paternity test and it came back positive. I am now paying 135 a week and she claimed that I owed also arrears from the day she filed the papers. I have no problem paying it is not the childs fault. I didn't appreciate the fact that now she's on a web site exhibiting herself with her long time spouse which she claimed in court she did not have so that it would not increase her total income and projecting cars and vacations which she claimed in court not to have any money to even feed the kids or make ends meet. Is filing for joint custody a wise idea? or even visitiation?


All the rest of this aside I would think there is no obstacle to your being awarded visitation and possibly joint custody - you are entitled, as the father.

If she lied in Court about being married and you can prove she is and it makes a difference in the State where the Order was granted, then go back into Court and make that argument.

Whether she does or doesn't take vacations or own cars in most States has no effect on child support - perhaps it's different where you are.

And maybe she lies on MySpace. Heck, people come on here all the time and post one version here and another version there (married here, living together and trying to get a divorce from spouse there. No surprise.

twinkiedooter
Apr 6, 2008, 10:19 AM
If you feel you are wronged by her and paying $135 a week - petition the court for a modification of this amount. You will have to show why YOUR situation has changed wherein you can't afford the $135 a week amount. Is this an undue hardship on you? You'll have to show why on paper.

I'm sure she has a bad case of terminal lying on my space and I would not believe her web site info one bit.

Peitition for a reduction in the amount you have to pay and be sure to back it up with appropriate paperwork.

Fr_Chuck
Apr 6, 2008, 11:01 AM
Well in court even if the mother makes 100 K a year you will still be paying some child support based on a formula the state uses to determie what you pay. You are at the hearings allowed to request that she provides proof of income, but if she is lying it is your responsibility to prove she is lying.

Of course many people on myspace pretend to be people they are not, 1000's of homeless men have myspace accounts, Yahoo emails and more, and they often pretend to be many thngs.

Have you actually ever went down there, saw the home they live in, saw their real cars,?

asking
Apr 6, 2008, 11:43 AM
Have you actually ever went down there, saw the home they live in, saw their real cars, ???

I agree with Fr Chuck. I would bet the domestic partner is real, the car and income are not. But I think a trip down there to meet your new daughter (and see their real circumstances) is a reasonable first step. I think you should contact the mother and politely ask if you can visit the area and come by the house for a few minutes to visit her and your daughter. Make sure it doesn't sound threatening. Bring some simple gifts. She may say no, but it doesn't hurt to ask. But I wouldn't just show up unannounced.

I was bothered by your explanation in your most recent post that the mother never contacted you directly herself before filing the request for child support in court. What a shock that must have been. I misunderstood the original post and thought you did not want to pay at all and I think I couldn't quite believe that you hadn't known something about this child earlier. It seems strange that no one told you at some point.

ScottGem
Apr 6, 2008, 12:11 PM
Certainly, if you want to be a part of this child's life, you should file for custody and visitation.

I gather you went to court without a lawyer. Did the court require both of you to document your income? If not, why not?

When were the papers first filed? By my calcs, $5600 represents 41 weeks at $135/wk.

I would suggest you get a lawyer who can advise you on how to document or require she document things. Then go back and file for joint custody and visitation. And a modification of support.

rodeodee
Apr 24, 2008, 08:55 PM
Hi, I live in New York, and I just found out that I have a fifteen yr old that lives in florida. I would like to know if there is a form that I can request the court to require that she have accountability for the money I have to give her? I know it exist in florida. I recently found out she has a my space, and claimed in court that she has no money. That her yearly income was 18,000. On the space she is exihibiting a car and claiming that she earns 45,000 to 60,000 a year. and also shows vacations she and the kids are on, and parties in her house. As well as domestic partner, which she claimed in court not to have.
I would hire a lawyer if you can afford one. It will benift on your part because the lawyer will check every thing out for you. Good luck