fairlady
Bronze
Reged: 09/08/08
Posts: 45
|
|
I have other post on the c/s bulletin . But here it is again .
2 children involved , divorce decree states ex to pay $400.00 a month for both children . Was $500.00 but ex talked me down to $400.00 stating he couldn't afford it ... I agreed . Ok so 2 children . 1 child decided to move in with Dad . And I agreed . Neither custody nor c/s was changed from the original decree .( I had and still have legal custody of both children .) We made a verbal agreement . That while 1 child was w/ him he would only pay 1/2 support amount $200.00 . I agreed . I would have actually said that no c/s would have been paid . But he continued to pay . Which was good of him to do so .
Now , both kids are living w/ me once again . Starting back 8/15/08 . He is refusing to pay full amount of court ordered c/s . Stating "that since 1 child lived with me ,. and I continued to pay you for the other child , it should be even " . Does this sound right to any of you ? He says that "I've talked to an attorney about this " . Would an attorney tell him he shouldn't have to pay full amount once again ? Now that both children are back with me ?
I'm due in the OAG's office in a few days . Should I be worried that they will agree w/ him that since he continued to pay while having one child with him and I having the other child . That he shouldn't have to pay the full amount?
I'm also asking for a modification . My ex has not always been honest .(I do have a paper trail about this to prove it ) I'm tired of him always getting one over on me , cause if affects the girls . We've tried to get along and can't do it . I've lowered c/s FOR HIM . And I've waived $13,000. in c/s FOR HIM to keep him out of jail . Trusting that he wouldn't screw me over in return . And now I'm getting screwed . And the girls aren't getting the support they need .
Would he possibly get credit for the support he continued to pay ? Back in 2002 he was making $1600.00 the c/s was set at $500.00 back then . I know he makes at least $2200.00 now . Wouldn't the c/s go up to $550.00 . 25% for 2 children ?
I'm NOT greedy . But I AM tired of him not helping like he should .
|
CityGirl
Platinum
Reged: 06/11/08
Posts: 634
Loc: Texas
|
|
If your decree was not modified and it still stated he owed that other amount, then I think that is the amount he owes, end of story. Go to your appointment with the AGs office. They will help you.
|
fairlady
Bronze
Reged: 09/08/08
Posts: 45
|
|
Thanks for your reply . The reason why I asked was . The man on the other end of the phone (the one that represents the AG's office). Asked about the verbal agreement between my ex and I . And that has me wondering if they (the AG's office who works for the best interest of the children )Would actually give my ex credit , or ask for that money since the c/s order wasn't changed legally . My ex did have possession of the child . And I'm not asking for that money back while she was with him . BUT , if the AG's office says he has to pay . Then yes,I will accept the money . Because in 2002 (divorce) . My ex had asked me to drop back c/s of $13,000.00 to keep him out of jail . Dumb A** me I did it . And the AG's attorney and my attorney told me NOT to do it that they had seen many cases where the ex (whether Mom or Dad ) said that they would promise out of court to do this or that . If the other parent drops back c/s .
So I'm just thinking that they would simply say . "hey this money was for the kids , and we're gonna hold you liable for it " .
|
chatter box
Platinum
Reged: 11/09/07
Posts: 1304
|
|
This is also for the NCP to remember. Until the court orders are changed the NCP must pay CS to the CP as per the court order. It does not matter were the child lives. The CS and the NCP are defined in the orders. One more thing for both parties to think about even if you do agree to something verbally doesn't mean anything to the AG office. For example if the NCP ask the CP if they can hold off a few months and then make it up in one lump sume it doesn't matter. The AG office may at no request from the CP collect from the NCP. If parernts agree to make a change in living conditions for the kids or support then it is best to change the orders or the CP could just send the money back to NCP. One more thing the AG office does not believe in over payment. If the NCP owes $1000.00 and has a tax refund coming for $2000.00 they do not just take what is owed. They take the whole refund and do not return it. Not fair but that is the facts.
|
fairlady
Bronze
Reged: 09/08/08
Posts: 45
|
|
That's horrible about the AG's office ! Only reason I am going through them .... Is like most of us on here . I have little or no money to get an attorney . I do not want an over payment . If that happens I will gladly give it back to my ex . I just want the butt to start paying again is all .... LOL
HHMMMM .. what to do , what to do . I know this for sure though . I will NOT go against the court orders again . So that I can avoid this type of mess ..........
|
chatter box
Platinum
Reged: 11/09/07
Posts: 1304
|
|
The AG office can help you, that is what they are there for. But there are those that have brought lawsuits against the AG office for CS reasons. I have asked them to help me over a year ago and gave up and got an attorney. After my case is settled I plan on taking it up with the AG office on why they refused to help me. The NCP has to be behind three months or $500.00 before the AG office will help.
|
fairlady
Bronze
Reged: 09/08/08
Posts: 45
|
|
Well in my case I filed at the beginning of Sept.08 . And my case is to be heard on the 22nd of Oct. Got the appointment letter yesterday as a matter of fact . Is this just the beginning ? Or will I have to wait longer for the actual results ? The letter gives you scenarios of coming to agreements in the AG's office . Rather than hash it out in court . I'm hoping that my ex and I can agree . I really don't want to go to court. Will the AG's office look at his new earnings for the modifications ? And how soon does that go into effect ? Annnd ... sorry . Do they go for the maximum or just a tiny upgrade in c/s ?
**** I have to say this . Though because he hasn't wanted to pay c/s . He's been in some kind of mood . He has a new GF and hasn't wanted to spend time w/ our girls . I NEVER thought he'd be that type . To not want to see the girls . I just thought he'd be the type to be tight w/ his $ . Well last night he called and left soooo many messages on our 14 year olds phone . That if she didn't call him back . He'd turn off her phone . That's not right !
She's mad at him for her own reasons . Some of which she won't tell me and refuses to talk about it . But he did tell her . That if she was mad because he had a new GF ... Then she just needs to get over it ! Nothing was changing between the two of them ! He has a point . That he does have the right to be happy in an adult relationship . But he just said it the wrong way is all . ......
This is just too crazy . Why couldn't he have just recontinued to pay regular amount of c/s ? It didn't have to come to all of this ........ So sad . That our children have to be hurt for petty things.
I try not to let the girls see me stress and all . I don't tell them what is going on w/ Mom and Dad's business. But they aren't stupid ..... They are old enough to see .
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
