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    booger576's Avatar
    booger576 Posts: 2, Reputation: 1
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    #1

    Aug 4, 2011, 01:57 PM
    commit fraud to gain custody?
    after my x left with two kids in diapers never paying anything to help support the never even seeing him or him seeing the kids until they were 12 and 13 years of age at that time I was going through hard times again with someone else. First x was living in tn. Said that he would take them to tn. Take care of them for a while to help until I got things worked out here in ga.I told him anything they needed to let me know back and fourth until we made an agreement.it came close to time for school to start the kids said they wanted to stay and go to school there?unknowing to me at the time that the x was telling them if they said anything about wanting to come back home that he would cause me harm,the kids would spend summer`s most all holidays and would talk about coming back to ga. To live with me, when they got back to tn. And say something to the x he would go over his threat thing again the kids would say they changed their minds? Then my x married a woman who worked for county gov. in tn. So they went through the process of getting custody of my kids? The x and his wife swore under oath that they did not know where I was or how to get in touch with me.The x knew where I lived he knew where I worked he knew where my Mother lived he had all of our phone numbers the address at my work,but he and his wife did not know how to contact me or where I was I talked back and fourth with the kids and with him when the were coming down to make arrangements,He also told the court he had the kids since birth.Yes they gave him custody?Then I got served with papers he was taken me to court for child support,I got school records records from health dept. phone records thinking when the judge saw these he would give me custody back to me? Can u believe the judge would not even look at anything proving that he was lying about everything and set child support plus going back to 2005 for back support.after spending every thing I had fighting this to start with I have nothing left they have been taking half of my check since and I can't get money to take it to a higher court can anyone help with this?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Aug 4, 2011, 02:05 PM

    This is long, complicated and difficult to read and understand.

    Your ex left when the children were small. You never filed for custody or support.

    He has now obtained an Order granting him custody and support (from you). The Court CAN'T award back child support - it can only award support from the date of filing the papers requesting support. Either you don't understand or there was an Order that you didn't know about.

    The only way to get custody back (and get support changed to him paying you) is to appeal the verdict, go back to Court, present your proof and try again. You will need an Attorney.

    If he threatened you or the children and you didn't report the threats at the time no Court will want to hear them now - unfortunately for you.

    Do I have the facts right?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Aug 4, 2011, 05:07 PM

    You said you spent everything you had fighting this. But did you have an attorney? Did they? If you went into court against someone represented by counsel without your own then you started with two strikes against you.

    But if the judge refused to listen to proof that they committed perjury, then you have grounds for appeal. But you need to get an attorney to file the appeal for you so that it is done right.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 4, 2011, 06:33 PM

    Of course, the hearing you went to was for child support, not child custody,

    Did you file a motion in court to modify or change custody ? If not, there was nothing for the judge to rule on.

    You can not just show the judge things, you have to make and file a motion and then use the evidence to prove.

    If you went to a child support hearing, then custody was already decided and would have to have a new hearing with a new motion. That hearing was just support
    booger576's Avatar
    booger576 Posts: 2, Reputation: 1
    New Member
     
    #5

    Aug 7, 2011, 05:46 PM
    About back child support
    The custody and child support was in tn. I'm in ga. Not that it matters to tn.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 7, 2011, 05:53 PM

    OK, are you the parent with custody ? Or are you the non custody parent ?

    But it is common so what is the issue ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Aug 7, 2011, 06:15 PM

    I've merged your threads, If you have a follow-up please use the Answer options. Don't start a new question. As you can see without the rest it was confusing to others.

    Does TN still have jurisdiction?

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