When you talk to them, tell them you are primarily looking for help in filing the forms to contest the temporary order. Tell them it was obtained fraudulently and that you feel the order will be overturned if you can just get it in front of the court. .

Keep us posted, and good luck!

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Originally Posted by ScottGem

I can't find specific info for Garrad Cty Family Court. So I would recommend you follow my previous advice about looking for a law clinic or camping out in the County Attorney's office.

On the IRS issue. Did his brother claim the kids for 2009? Does he live with his brother? If so, since he apparently had the kids living with him for almost all of 2009, then he probably was correct in claiming them. However, he had filed for years when they lived with you that would be fraud and you should be following up with the IRS.

You have to understand that you are dealing with government bureaucracy here. Often you run across people who don't want to deal with controversy or even do their job. So they will keep putting you off until you make waves.

Have you obtained a copy of the court order awarding him custody? Does it list the judge who signed the order? Have you tried contacting that judge directly? Judges don't like to be lied to.

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For the tax of 2009
His brother and the father lived with their mother, His brother just got out of prison a few of months before that (2009) the both are a convicted felon. His brother did not support the girls. The father receive K-TAP and food stamps. He said he can't work or file because they would take his money for back pay and they would garnish his wages. So he let his brother claim them to get EIC and they split the money.

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Originally Posted by lynmad09

For the tax of 2009
His brother and the father lived with their mother, His brother just got out of prison a few of months before that (2009) the both are a convicted felon. His brother did not support the girls. The father recieve K-TAP and food stamps. He said he can't work or file because they would take his money for back pay and they would garnish his wages. so he let his brother claim them to get EIC and they split the money.

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I would then press the IRS on this issue. For the brother to claim them, he would have to prove that he provided 51% of their support during 2009. If they were both living with their mother, then it would be hard to prove that.

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Originally Posted by lynmad09

I have papers stating that he was ordered to pay back child support and medical bills,

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Legally it has to be retroactive child support.Not back child support.
Have in mind he is entitled to receive child support from you for these 17 months,too.
My advice :
Get all documents about that custody modification from him.


... or ask for a copy from the court.

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Originally Posted by GV70

Legally it has to be retroactive child support.Not back child support.
Have in mind he is entitled to receive child support from you for these 17 months,too.
My advice :
Get all documents about that custody modification from him.


...or ask for a copy from the court.

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He was ordered to pay + backpay. What do you mean by "retroactive" I don't understand. He's not going to give me nothing but a hard way to go. I have the papers stating all of this.

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Originally Posted by lynmad09

He was ordered to pay + backpay. What do you mean by "retroactive" I don't understand. He's not going to give me nothing but a hard way to go. I have the papers stating all of this.

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GV was being technical in use of terms, which is a good idea when dealing with the law. The correct term is retroactive support payments which are payments from a period before the support order is issued. States vary on how much retroactive support is allowed. Usually they only go back to the date of the filing for support. Some will go longer depending on circumstances.

Sounds like the father is a deadbeat who won't work because they will take support from his wages.

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Originally Posted by ScottGem

GV was being technical in use of terms, which is a good idea when dealing with the law. The correct term is retroactive support payments which are payments from a period of time before the support order is issued. States vary on how much retroactive support is allowed. Usually they only go back to the date of the filing for support. Some will go longer depending on circumstances.

Sounds like the father is a deadbeat who won't work because they will take support from his wages.

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Lets just hope the judge will see it that way also, He is a dead beat, I wished that I never ask him to keep them during the ice storm, but I was just thinking of the girls, plus if he had found out that I had no ele. Then he would have called DCBS on me.He is just a "ME" person only thinks of himself.again thanks for your help.

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Originally Posted by lynmad09

Lets just hope the judge will see it that way also,

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I don't think you need to even go that far. If he signed an affidavit that said he didn't know where to find you when you can show you have lived in the same place for a period and that he knew where that was, then that alone should be enough to overturn the custody order.

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Originally Posted by ScottGem

I don't think you need to even go that far. If he signed an affidavit that said he didn't know where to find you when you can show you have lived in the same place for a period of time and that he knew where that was, then that alone should be enough to overturn the custody order.

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Thanks again, I have a court date set for 8-05 to see the judge. They said that I would need to mail or hand deliver the father a copy. Do I have to do this? He did not notify me. I know that 2 wrongs does not make it right, but, I guess I need to do the right thing. Got any suggestions? Got all my papers together on how long that I have lived here child support order that was from the child support office.Once again THANK YOU

Yes, you MUST serve him notice of the hearing. If you don't he can get the judgment overturned because he didn't have an opportunity of due process. This is the same argument you are using against him.

Good luck and keep us posted.

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Originally Posted by ScottGem

Yes, you MUST serve him notice of the hearing. If you don't he can get the judgment overturned because he didn't have an opportunity of due process. This is the same argument you are using against him.

Good luck and keep us posted.

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Yes, you are right. I will have it mailed certified, so I can have prove of mailing it.I will keep you posted .

Quote:

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Originally Posted by ScottGem

Yes, you MUST serve him notice of the hearing. If you don't he can get the judgment overturned because he didn't have an opportunity of due process. This is the same argument you are using against him.

Good luck and keep us posted.

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Well I did mail the notice on Fri. 30th. Went to court today (Aug 5). He did not show up. I told the judge everything and I had all my paperwork to prove everything. He set another court date for next Thursday at 1:30. He said he was going to summonds him, if he does not show up then he would arrest him. So why didn't he just give the girls back to me, I wasn't there on his court date. I notified him and didn't me and the judge gave him temp custody. What was the difference, It just doesn't seem fair to me. He can lie and get the girls and I tell the truth and I don't have them, I have to wait for another court date, WHAT IS WRONG?

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Originally Posted by lynmad09

Well I did mail the notice on Fri. 30th. Went to court today (Aug 5). He did not show up. I told the judge everything and I had all my paperwork to prove everything. He set another court date for next Thursday at 1:30. He said he was going to summonds him, if he does not show up then he would arrest him. So why didn't he just give the girls back to me, I wasn't there on his court date. I notified him and didn't me and the judge gave him temp custody. What was the difference, It just doesn't seem fair to me. He can lie and get the girls and I tell the truth and I don't have them, I have to wait for another court date, WHAT IS WRONG?

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You asked so Im going to answer. What is wrong?

First off this game playing that is going on will be put to a stop. That is what the judge wants. He doesn't want another default judgement. He doesn't want to continue to bounce the children around. He wants to make a be all and end all decision. He is making sure he either appears or it ends there. You have done your part. That is why he asked to wait it out a little longer. That is why its important to dot the I's and cross the T's. So stick with it a little longer. Your down to the finals. Don't blow it. Look yourself in the mirror and be glad your being heard. And now its loud and clear.
Thanks for the update.
Keep us posted.

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Originally Posted by califdadof3

You asked so Im going to answer. What is wrong?

First off this game playing that is going on will be put to a stop. That is what the judge wants. He doesnt want another default judgement. He doesnt want to continue to bounce the children around. He wants to make a be all and end all decision. He is making sure he either appears or it ends there. You have done your part. That is why he asked to wait it out alittle longer. That is why its important to dot the I's and cross the T's. So stick with it alittle longer. Your down to the finals. Dont blow it. Look yourself in the mirror and be glad your being heard. And now its loud and clear.
Thanks for the update.
Keep us posted.

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Thank you, I just want my babies to come home. I miss them soooooooo much. I was hoping that today they would get to.I heard from a relative of his that she called DCBS for abuse on the little one (TAYLOR) It is killing me. Why didn't they (DCBS) notify me about this. I should have got them then. When they checked in on it several times. I should have known. I'm going there tomorrow to talk to them, maybe they will go to court with me on Thur.

The judge insued a warrant for is arrest, he did not show up for court. Now all I have to do is find him to get my girls back. Talked to DCBS and they won't give me any info concerning their investacation. I guess when the warrant is served then there will be another court date. Thanks again for all your help.

Report it to the FBI. If he is hiding your children from you, that's parental kidnapping and they may be able to help.

Thank you for keeping us posted. Sorry you have to go through this crap. You have done what you can and now you have to depend on the long arm of the law.

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Originally Posted by lynmad09

I told the judge everything

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Just curious:
What is the judge's name?Where is located the court? In Lancaster,Bryantsville or Paint Lick?

Quote:

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Originally Posted by GV70

Just curious:
What is the judge's name?Where is located the court? In Lancaster,Bryantsville or Paint Lick?

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I think posting the judge's name goes beyond our rules of no personal info. Lyn, If you wish to provide GV with the information (and I think he's trustworthy), please do so via PM.

Quote:

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Originally Posted by GV70

Just curious:
What is the judge's name?Where is located the court? In Lancaster,Bryantsville or Paint Lick?

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Dixen, Nicholasville (where he lives) Jessamine Co. I live in Lancaster