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Hi, with regard to your post
I have a question, my fiancee is divorced from her ex-husband with one child. She has been fighting her ex-husband tooth and nail since there first separation back in 2001. The father has been doing everything to get custody of there child to get out of paying child support and to have the mother pay him child support. Thus far he has not been able to prove that the mother or I have not provided a safe enviroment for the child. He had thought reporting abuse to youth services, and youth services would be on his side but the only thing that came out of that was that there was severe coaching or the child on the father's part.
At this time the father had an open motion to be hear for an emergency hearing for removal of the child from the mother's house, file by the lawyer he just fired, the new lawyer he hired didn't have any idea this motion was still open and un-heard by the court, when asked by the court How was he asked by the court? Was he in court on a different matter, and the court reminded him of this open motion?
he he said more or less the current custody was fine.
Question 1, if he's claiming abuse how can he not want change in custody? From your facts, it appears that the ex is not saying current custody is fine, only his new attorney who apparently does not know the case yet and did not even know there was a motion open, said that in error, or at least in contradiction of his client's position, UNLESS the ex has decided to forgo his strategy of changing custody.
Currently the father is seeking to pay as little child support as possible or change custody to force the mother to pay him, he has since retired and is claiming SSI benefits So he is both disable and poor.
he also has several rental properties and other retirement. Then he is not on SSI. You must mean he is collecting his social security retirement benefits, being over 62 years old.
But in asking for a reduction in child support he has not submitted any finacial affidavits pernaining to the child support to prove he has less income. The mother's side doesn't have an issue with it just satisfy the requirments of the law the same way she has too. But with that he had a reduction revious to this hearing and it was reduces, as well there is an SSI benefit with the child, SSI doesn't pay dependent benefits, so I, again, presume you meant SSR...
now the father wants the amount above the ordered child support retuened to him from the benefit. So if the benefit is $1000 and the child support he own was $200 he wants the $800 surplus to be returned to him. That won't happen. That is not the guidelines. However, he is entitled to credit for the amount of SS going to the child, based on his SS entitlement and the fact that same resulted from his work efforts.
"The New Hampshire Supreme Court ruled In the Matter of Denise Angley-Cook and John W. Cook that a parent with a child support responsibility is entitled to a dollar for dollar credit for any social security dependency benefits the other parent receives that are derived from their benefits.
Therefore, the Supreme Court held that the support should be calculated as follows:
"the amount of the . . . dependency benefits should be included in the income of the noncustodial parent and the guidelines should then be applied to that amount." Rosenberg, 697 N.E.2d at 991; see also Miller, 890 P.2d at 578. The noncustodial parent is then allowed a credit equal to the amount of the dependency benefits, and the net amount of the noncustodial parent's support obligation is the difference between the support amount determined by the court to be correct under the guidelines minus the amount of the credit. See Rosenberg, 697 N.E.2d at 991. An exception exists if the support amount determined by the court to be correct under the guidelines is less than the dependency benefits. See id. at 991 n.7 "In such case, the total support obligation is simply equal to the amount of the . . . dependency benefits, and the noncustodial parent would not owe any additional amount." Id.
Basically, the calculation boils down to everyone's income goes into the pot, and if the child support amount is less then the dependency benefits, there is no child support due from the obligor parent."
Question 2, is that possible? He is not entitled to $800 per month from mom because CS = $200 and SS to child is $1000. Rather, he just won't owe CS, since the child is already getting far more than his owed amount,due to his (the father's ) SS (which dad did work for and pay for).
Also the child is now 15y/o the father has also been coaching the child in wanting to live with him an has gone to court to get the child to be reconized as a mature minor, thus far the child is still a minor and the father wasn't able to prove his case. But the father is still saying my child has rights, in court the father went on about all the rights his child had. Also in the case the judge spoke to the father directly and asked if I heard your child and the child gives me an answer that is against your position will you honor child answer and stop your custody lawsuits, and the father said no.
Question 3, what rights do minor children have? They have the right to provide the Judge their expression of their desired custodial arrangement - if the Judge decides it is appropriate to hear them. Do they have the right to free speech? Yes, but if testifying in court or in chambers is deemed by a judge to not be in the child's best interest, of course the Judge will not allow the child to be hurt in that way. Here, it sounds like the Judge may be willing to hear the child. Typically NH judges are VERY interested in a 15 year old's wants - given the age of the child, nearing adulthood, etc.
Or the right to choose where they live between mother and father? No, it is not absolute, but a strong factor to be considered. It still must be "in the child's best interests."
Hope this helps!
I hope this helps clarify for you.
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