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Is this legal?

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Is this legal?

Postby TheeMahn » Fri Nov 09, 2007 1:17 pm

I just received a letter from child support enforcement agency. It states that I am responsible for medical insurance, they are going to take 2/3 of my check for support (I know this is within states rights to do so) and expect me to use what is left to pay for insurance... I only make $8.00 an hour, I had a job making $16.20, hense the reason my support is so high but none the less they take the 2/3 but work for free? I really would not mind so much if I knew the child was mine (I only have 1 if it is mine), I requested a DNA test in court and was denied. O.K the break down...

I work mandatory overtime 48 hours a week and make $320 after taxes (The taxman takes my time and a half on Saturday) support takes $211.20 which is 2/3 leaving me with $108.80, no we are not done... I have to pay $25 a week for insurance I work 48 hours a week for $8.80, yes 18 cents an hour overall.... what happens if they take away the overtime? Sounds like to jail I go.

Wouldn't be so bad but in this city / state you are lucky to even have a job. I'm sure Ironman would agree.
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Re: Is this legal?

Postby DaddyX3 » Fri Nov 09, 2007 2:28 pm

That sucks mahn! I feel for ya! I'm legally seperated (for the last 3 yrs.) have 3-kids and have been to scared to make it final because of what the courts may decide on their own! My X is a bartender and makes like $300 a night of invisable money (not claimed as a wage and not proovable) she makes like $8.00 by the books. She make a S#!+ load more money than I do, but not by the books :evil: We've got a pretty good relationship together after seperation (no easy task .. lots of work and patients!), so there is no big time panic at the moment and she's not pushing the final, so I'm just rolling with it for now :!:
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Re: Is this legal?

Postby budmanca » Fri Nov 09, 2007 3:49 pm

That does suck!! I would strongly recommend that you contact the bar association in your state and ask them to refer you to a couple attorneys with experience in fathers rights (most will give you a free consultation). It may be to late though, the laws in this country are really screwed up. A perfect example is my case. I was married for 2 years and she had a girl during that time. I later found out she was cheating and asked her for a divorce, which I got uncontested and without paying child support (she makes more than i do). Child support wasn't even mentioned until 2 weeks after the divorce was final when I was served. I went right out to get a paternity test done and proved that I wasn't the father. Here's the screwed up part, because we were married when she had the girl and I didn't contest paternity during the divorce. The second the court issued the divorce ruling it became a legally binding document stating that I am the father?? Even though I have proof that I'm not the father there is NOTHING I can do about it. :evil: I later found out that this law exists in over half of the states. I also found out that if you sign the birth certificate in most states, you are consenting to paternity and CANNOT contest it afterwards. Like I said earlier the laws suck and you really need to consult a attorney in your state that is experienced with fathers rights. I'm still outraged about all this, but can't do anything about it except go get a couple beers. Hopefully there is something you can do. GOOD LUCK!!!!
Dave

PS: I also found out that private dna test are not admissible in court, only court ordered.
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Re: Is this legal?

Postby jfg69 » Sun Nov 11, 2007 12:38 pm

Dont even get me started on THIS subject...

435 a paycheck comes out every 2 weeks. I am being forced to make medical coverage even though in the divorce decree it says SHE covers his health (as we agreed upon)

The 435 is both the current amt and an amt for back support... 290 current and the balance as back money payment.
This was all based upon a salary figure that I WAS making back then. I left my job, of my own accord and there for I am not entitled to pay just the legal number of 17% for one child, which is less than what it would be if I was to pay 17% of my current salary- it is frozen at the rate for the previous salary...

After contacting legal services, I was told there is no free legal support for the NON-custodial parent....

ALL my bank accounts have been frozen. I have a CS judgement against me. I will not be able to renew my passport when it expires in '09. and to top it off, they are charging me 9% interest ($165/mo) on the back support....WTF- what bank pays 9% interest ????? :shock: :shock: :shock: :shock: :shock: :shock: :shock:
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Re: Is this legal?

Postby DaddyX3 » Tue Nov 13, 2007 11:14 am

Sounds like we are all @$$ -o- 's, lol ;)
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Re: Is this legal?

Postby iamafireman » Tue Nov 13, 2007 11:52 pm

I know in my state , tenn. , that if your income changes and the difference in support is 10% they will change it. How many kids are you paying for? When was the last time you had the case reveiwed? It may benefit you look into getting an attorney. also look into http://www.tndads.org/ i also beleive there are other charters around the country for differnt states since all states have different laws.
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Re: Is this legal?

Postby Virus » Wed Nov 14, 2007 1:51 am

People get a lawyer...f*ck it he/she might help with the situation....
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Re: Is this legal?

Postby DaddyX3 » Wed Nov 14, 2007 3:08 am

Virus wrote:People get a lawyer...f*ck it he/she might help with the situation....

Its a sad catch 22 in alot of these cases. If you don't have a lot of money in the fist place, how the hell you going to get a lawyer? Granted, you "might" save some money in the long run, but not a guarantee. Then your out money, you will be seriously needing. Life is not all fair and doable, all the time. You know ..... Eve did eat the damn apple, doesn't that make her / women - "The root of all Evil" :?: :lol:
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Re: Is this legal?

Postby TheeMahn » Wed Nov 14, 2007 1:13 pm

DaddyX3 wrote:
Virus wrote:People get a lawyer...f*ck it he/she might help with the situation....

Its a sad catch 22 in alot of these cases. If you don't have a lot of money in the fist place, how the hell you going to get a lawyer? Granted, you "might" save some money in the long run, but not a guarantee. Then your out money, you will be seriously needing. Life is not all fair and doable, all the time. You know ..... Eve did eat the damn apple, doesn't that make her / women - "The root of all Evil" :?: :lol:



lol Adam & Eve that is funny, I was told by my case worker because I had a job making $16.20 a hr when support was set it does me no good to make anything less then $10, which is piss poor; because as they said it you are worth $16.20 an hr. I am telling you your are doing good just to have a job around here. What am I worth? 6 digits a yr. Does that mean they won't raise my support, after all I'm worth $16.20? We all know better then that.

Things most ppl don't know, Here 2 things run out of the same building... Job & family service -- NPO (non profit organization) & Child Support Enforcement Agency (CSEA) -- They get paid & profit... Do you know where their pay check comes from?
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Re: Is this legal?

Postby DaddyX3 » Wed Nov 14, 2007 2:01 pm

lol, I think you might be on to something there :lol: All I know, is that its a tough spot to be in .... unless your a bartender ;) lots of unreported tips/ income, how do you prove that :!:
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