Divorce decree and child support? Is this correct???

Question

OK, I've been trying to get a divorce from my abusive husband for 6 months. I just went to a child support hearing with my lawyer on Friday and the judge said I am certainly owed support, but she has no jurisdiction because the father is in OK and I'm in FL. She said the interstate unit of the Child Support Enforcement agency is supposed to handle my case. The problem is, they aren't. I opened a case with them almost 11 months ago, and they still haven't given me a file number or attempted to find this deadbeat at all. I've called about it, my lawyer has called about it, and they still haven't pursued the case. The judge said for the lawyer to contact a specific person at Child Support Enforcement and that she'd even meet with that person and the lawyer to find out why they aren't doing their job, and if they aren't going to, the judge said she would enter an order for support. As far as the divorce decree goes, the lawyer says he could get it finalized next week, but he wants

to wait until they can find my "husband" because he wants some proof of his income so we can give him some of the debt and legal fees in the divorce decree. Otherwise I guess I get stuck with it all??? Can anyone help me out here? Is this all for real? Why is it so difficult to get this info and the money I deserve? Is the lawyer playing straight with me, or is he just trying to make more money???

And to Gary C....equal rights has nothing to do with this. Well, no, actually, it does. HE was 50% of what made these kids and he's EQUALLY repsonsible for making sure they are well-cared for. I HAVE moved on and made my own life (a MUCH better one, I might add) and I'm not being unfair...I don't plan on taking him for every dime he makes....but he hasn't given me a CENT in the year since we've been separated, and he's hiding out from every effort the lawyer has made to find him. He's even hiding from his family, not just from me. I just want him to pay his fair share towards raising the kids. After all, I didn't make them by myself. It's not easy for a single, working full-time mom to support two kids, paying daycare and all that. I'm not asking for the world, just for him to step up and meet his responsibilities. We should sahre the financial responsibilities EQUALLY, right????

Answer 1

Yea, I'd say your lawyer is probably right. So, if you wait what should happen? Your lawyer fees will go up some, but so what? The ex will probably be paying them in the end!!! If everything is that ready to be finalized go ahead and wait a while. If you just decide you are tired of waiting then tell your lawyer and know that in a week or two it is over. Keep pushing the CSE agency!! Don't slack up or you'll end up basically starting over. They pay attention to the cases that make the most noise.

Good luck

Answer 2

You really should visit IRS.GOV and download or order a free PUB 17 and check over the flow charts to determine who can file how and do what. Divorce papers and etc don't have any sway in the determination; the IRS has set down the rules that must be followed when and if claiming children and so on; using the flow charts in the PUB 17 will tell you what you can and cannot do. Divorce decrees have too wide a variety of offerings cropping up so the IRS goes with their rules only for tax purposes.

Answer 3

It sounds right, unfortunately. In divorce no one ever gets what they deserve. It's ugly and unfair. The sooner you can get out of the marriage the better. Do you have any way of supporting yourself at all? Do you have friends or family who would allow you to stay for awhile? I'd go this route rather than spend your money tracking this jerk down only to get into further battles. The good news is that child support can be paid retroactively so he's on the hook no matter what for that. Take the judge's offer to get the order for support and get done with it. Start a new life for you and your baby. Best of luck.

Answer 4

Unfortunately,this is all too real and occurs way too much nowadays. The interstate unit is slow because of its case load. Way too many cases like this with not enough people to handle the load and each case takes time to investigate and resolve. Yes without knowing the whereabouts of your ex youre going to get stuck with the bills. You can always sue in him in court for money owed you. The Judge is trying everything she can to get your support for you but again without knowing where he is doesnt help at all. She can set an amount but chances are itll go into arrearage and again you will have to sue him in court once found. Court orders and enforcing them isnt easy today but theyre doing the best they can for you. AlsoI truly believe your attorney is doing allhe can for you and is earning his money but his hands are tied here too

Answer 5

I'm not sure about the interstate support issue, but yes if your lawyer can't find your soon to be ex, you will have to pay all expenses. As for why it's taking so long for your support, I don't know, just keep calling and asking is my only advise. Good luck!

Answer 6

I am in the same boat in a way. I live on the east coast and my ex hubby on the west coast. I divorced him and because I have no address or income info on him, the judge ordered child support based on the minimun allowed in my state.(better than nothing) So now, I have this amount that is accumulating weekly and includes back pay. I'm loving it becaue eventually it will catch up to him. Meanwhile he owes me over $12,000. See if this is possible for you.

Answer 7

the paralegal above me is right. that whole interstate agency is looking for thousands of fathers as of this date. so it's not like having your own attorney. think of it as all the attorneys in your state died except one. you could be patient and just try to make ends meet and let them do your job, or you can invest in a PI and let them hunt him down and have him served with the support papers. you actually could serve him with a conformed copy of the same child support papers. you are entitled to a copy from the child support agency. well, not you, but the PI you would have hired.

this is oging ot take awhile. so don't let this run your life.

Answer 8

You would need to check your state laws. I can't imagine a judge saying something that is not the law and the truth.

Answer 9

How about this......If a woman can be an astronaut and a soldier, then why can't you take it like a man and move on to develop your own world.....Abusive or not move on......haven't you heard women own businesses now, it's not 1964 it's 2007 equal rights remember.....

Answer 10

Your going about it the wrong way, and its quite clear your attorney doesnt have much experience with interstate cases, or they would have known all of those things.

----PULL RANK and
----PUT SOME HEAT ON THE CASE, meaning, deal with both states AG and Regional FEDERAL Child Support Offices...poke and prod at them even if you are asking the status of the case. Every time you need 'em.

well the honor system doesnt work, thats been proven. its also why the state and federal government passed stronger laws for child support; they are TIRED of people not paying for their children.

the arrears still keep adding up.

1) call your caseworker and ask:
--request an enforcement hearing.
--where you apply for interest on the arrears?
--was the case submitted for tax refund intercept?
--was the arrears reported to the credit reporting agencies yet?
--ask why they have not taken his drivers license away yet?
--ask why they have not put liens on his bank accounts yet?
--ask why there has not been a warrant issued yet?

2) sit down and write a letter. in it, give your contact info, case number, his info, arrears amount, the problem and ask them what they are doing about it.

keep the letter short, its more effective that way.

then take that ONE letter and FAX it to the following:
a) BOTH your states Attorney Generals (link is below)
b) BOTH your states Governors (link is below)
c) BOTH your states Regional FEDERAL Child Support Office (link is below)

phone calls are useless; they are ignored, denied and forgotten. mail ends up on someones "to do" pile, but FAXES are effective. its proof you sent it and proof they recieved it, therefor, they HAVE to address it. if you cant find a fax number (most are listed online) then just call them and ask for it.

if you hear nothing in a week, fax them again. fax them weekly if need be. its the squeaky wheel that gets the oil, if ya know what i mean. WHO CARES if you miff ‘em off, just keep at them until the problem is addressed.

All fax numbers are listed online, and if not, simply call and ask for it.

3) Report his azz to the IRS (in writing), for he’s supporting himself, somehow. Tell them you strongly suspect him working under the table to avoid a child support order.

4) Report his azz to the Social Security Office if he’s been using others SS#.

5) post his DEADBEAT FACE ON A DEADBEAT SITE ONLINE.

some links for you; just click on your state and find the subject you need.


DEADBEATS
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.angelfire.com/creep/deadbeatparentssuck/
http://www.deadbeatjustice.com/list.htm
www.goodparentspay.com

INTERSTATE CASES
http://library.findlaw.com/1999/Jan/1/241468.html
http://www.policyalmanac.org/social_welfare/archive/child_support_02.shtml
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.htm
http://www.ericsa.org/
LONG ARM ACT (UIFSA) for INTERSTATE
http://www.ncsea.org/content.asp?contentid=614
http://www.law.upenn.edu/bll/ulc/fnact99/1990s/uifsa96.htm
http://family.findlaw.com/child-support/support-basics/support-glossary.html
http://www.acf.hhs.gov/programs/cse/fct/uifsahb.htm
http://www.ancpr.org/uifsa_definitions_and_provisions.htm

CHILD SUPPORT CALCULATOR
http://www.alllaw.com/calculators/childsupport/

YOUR STATES CS POLICY
http://childsupportcenter.org/stateprofiles.php

ABANDONMENT (NO SHOW PARENTS)
http://www.alllaw.com/articles/family/

NOT ALL PARENTS LOVE THEIR CHILDREN
And "RATIONAL LIES"
http://www.alllaw.com/articles/family/child_custody/article7.asp

FREE LEGAL HELP IN YOUR STATE
(just click on your state to find contact info)
http://www.lawhelp.org/

LAWS and INFO
http://www.delinquentdad.com/csr.htm
http://www.womansdivorce.com/
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://law.onecle.com/new-jersey/ (change the state to yours)
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-support-info.html
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
(and background cks to find them)
http://www.usarecordssearch.com/
http://www.zabasearch.com/
http://deadbeatsnitch.com/
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://omnitrace.com/Missing-Persons-Search.html?OVRAW=deadbeat&OVKEY=deadbeat&OVMTC=standard
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.peoplefinders.com
http://zabasearch.com/
http://www.crimcheck.com/personalreports.htm
http://www.easybackgroundchecks.com/
http://www.abika.com/
http://www.freeprf.com/
http://www.efindoutthetruth.com/
http://www.netsleuth.com/
http://netonlineinvestigators.com/index.asp
http://www.backgroundcheckgateway.com/
http://www.backgroundcheckgateway.com/locate-people.html

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://www.naag.org/issues/issue-consumer.php

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND DISABILITY
FOR CHILD SUPPORT
https://s044a90.ssa.gov/apps6z/ISBA/main.html
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
http://family.findlaw.com/

FIND YOUR REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php
http://judiciary.senate.gov/

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/
COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.irs.gov/publications/p501/index.html
http://www.irs.gov/publications/p504/ar02.html#d0e563
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS (AND EMPLOYERS)
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

REPORT A DEADBEAT USING OTHERS
SS# TO AVOID CHILD SUPPORT or FILING TAXES
WITH OTHERS SS#
http://www.irs.gov/faqs/faq1-13.html
http://www.ssa.gov/oig/public_fraud_reporting/
http://www.ssa.gov/oig/hotline/

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp