I have a son that is 5 years old. I have had him in my custody since December 05'. His mother got incarcerated then and just recently got out. Before she went to jail (November 05') she filled for payroll deducted child support. I never payed since I had him in my care. Since then they have been taking all of my income tax return stating that it is what I owe for that year. I have called and called about this issue. They say in order to stop this I have to prove custody. I can not do this because I never went to court saying that I had custody.(Didnt know I needed too) Also she just received her first check of 2800.00 which they just took out of my 06 return. So I guess my question is: How do I go about proving custody? Do I have legal custody? What do I need to do? I have talked to lawyers but they give virtually no info on there intial free consultation. And can not afford outlandish prices they charge. Any advice much appreciated. I live in TN if state is issue for answer. Thanks
2007-05-29 11:56:40 · 10 answers · asked by Number 3 3 in Family & Relationships ➔ Marriage & Divorce
Hi 3,
I'm sorry this happened to you. For men, our worst enemy in these matters is ignorance. People tell women how to work the system, but nobody explains it to us! Your son is 5. which means that he has either been in child care or school of some sort. You need a letter from that establishment stating that it was you who got him enrolled and you who has taken care of those school/care issues. A letter from his pediatrician stating that you have provided healthcare coverage for him and that you have been the attending parent at his appointments. Couple this with a written verification of her arrest and term of incarceration (this can be gotten through the freedom of information act. go to the main courthouse in the state that she was incarcerated and request confirmation of her incarceration. Take this paperwork to the support office in your city and ask to file a proof of custody form. Attatch COPIES of your collected letters and submit the form. Any additional help that you need can be provided by a court referee, you do not need a lawyer. In the mean time, they will continue to take child support until you can get it straight. Realistically, I don't think that there is really a way for you to re-capture the money that they have already given her. What you can do, is file for custody of the child now siting her recent release (which will cause the courts to pull her record) and the fact that she is not currently in a position to give the child a proper home. If you file, she will have to contest. Contesting requires a lawyer, filing does not. If she beats you to the punch, you will have to get a lawyer. Any and all questions can usually be answered by a court referee at no cost to you. He can tell you how things work but cannot offer you a legal strategy. All you want to do is prove that you have cared for your son while she was incarcerated. The letters will show that clearly. This will also go greatly in your favor if you decide to file for custody, as it will demonstrate your ability and willingness to care for the child. Good Luck! **In the future, the courts may be able to take some of her income tax returns to refund your money.
2007-05-29 12:20:22 · answer #1 · answered by Knowledge Thirsty 3 · 2⤊ 0⤋
Get all the documents you can. Daycare, health insurance and other witnesses proof that the child was with you. Proof that she was in jail. One question are you guys divorce, separated or what. Is there a document saying that she has custody of the child. Keep going to your Domestic Relation Department/Family Court that handle the support. Do show up in person and also write a letter and tell them to give it to the Case Manager. Make sure you talk to this person, explain the situation and provide the documentation. Probably you may not need legal advice. I am helping my brother with a child support situation in which the money was taken out but nobody knew where it was going to and he got his documents and proved everything, they are solving the problem now. I am recommending to keep insisting in this matter and do go to court and file for custody. Wish you very best of luck. Also she being in jail give you temporary custody. But you have to proof this.
2007-05-29 12:16:32 · answer #2 · answered by Demi 4 · 1⤊ 0⤋
Contact your locallegal aid assoc for free advice or hire at least a Paralegal who can help you for a whole lot less. If you dont have a paper in hand stating that you have legal custody then probably you dont. Somehow you will have to prove to the court that you had actual custody of him while mom was in jail. Did you enroll him into a daycare during this time or such, anything or some official who can vouch fo you will help otherwise Im afraid she got real lucky here. Good luck
2007-05-29 12:19:57 · answer #3 · answered by Arthur W 7 · 1⤊ 0⤋
You need to find out when, where and why she was incarcerated. Then you need to get the documents of her arrest...you should be able to through public records on the Internet. Initially you should have gone to the courthouse and filed a paper to stop support for the reasons you stated...but you didn't. Most of all states have a self help center to help you figure out what to do. Also courts provide free legal service to people who can't afford lawyer, but you have to sign up for it...call the court house to find out more. You can also check at your local colleges and university's for law students...sometimes senior law students are allowed to prepare documents and help the public in general. I feel your pain, I'd be pretty mad also...but prepare yourself, you might not get the money back that was taken from your return...best case is that you won't have to pay for a couple of months, but that's unlikely. Good luck and call the court house...they are there to help you!
2007-05-29 12:10:36 · answer #4 · answered by CJ 2 · 1⤊ 0⤋
You have to wait til she is out of jail for the custody thing but until then go and find out about filing for temporary custody. maybe this will help.
2007-05-29 12:05:59 · answer #5 · answered by beachgirl90 7 · 0⤊ 1⤋
You can obviously prove she was incarcerated. You'll have to go to court to have the support reversed. It may take time...I hope you have patience. It sucks but, that's the way the system works.
2007-05-29 12:02:25 · answer #6 · answered by fire wife 3 · 1⤊ 0⤋
yes you will have to prove you were providing for him. You don't need a lawyer to file for custody just go to the Juvenal court house.
2007-05-29 12:03:28 · answer #7 · answered by golly geesh 3 · 1⤊ 1⤋
Get a print out that she was in jail, its public record. If your son was in day care show that receipt. Find any and all receipts relating to your son.
2007-05-29 12:05:19 · answer #8 · answered by tpurtygrl 5 · 1⤊ 0⤋
I know my answer won't help. But it's the truth and it can't be said in fewer words. Welcome to the wonderful world of Family Court.
2007-05-29 12:14:38 · answer #9 · answered by BartenderWJT 2 · 2⤊ 0⤋
get proof she was jail and you will need to hire some sort of paralegal or something to get out of this mess.
Sorry but true.
2007-05-29 12:05:28 · answer #10 · answered by Shanny 2 · 1⤊ 0⤋