LADY LAWYER : Hi there,
LADY LAWYER : My goodness, you have been through a lot and there's a lot of misjustice going on here. Sounds like you ex just keeps taking advantage of you because you haven't stopped her in the pas and she feels entitled.
LADY LAWYER : There are quite a few issues here so first things first...
LADY LAWYER : Because she claimed all the kids but your son this year, is your tax return now not going to cover the back support that you owe? Also, with regard to the Government assistance and child support, are you saying that the Office of Child Support Enforcement made her start paying child support for your son so that you are not currently paying her support for him anymore?
Thank you for your quick response.
My income tax is enough to cover child support and she is suppose to be paying child but it hasn't started yet. Another problem i am having is that i am still being held liable to pay for my son
LADY LAWYER : You're most welcome! Sorry it wasn't sooner; as soon as I signed on, I saw you had been waiting for a while and I wanted to help.
LADY LAWYER : Do you mean that you are being held liable for the back support for your son, even during the time that he lived with you?
LADY LAWYER : But you're not having to pay any support for him now or in the future--just for the back support, correct?
Yes I have gone several Times to the probation department to prove he is with me but till I take her to court I am still responsible
LADY LAWYER : Okay, but now child support enforcement has changed the fact that you need to pay for your son moving forward and has instead told her to pay you, correct? But you still owe the back support for the time up until child support enforcement told her to pay?
Until May 3rd I don't even know myself. . Very confused
LADY LAWYER : :) I understand how confusing it can be.
LADY LAWYER : Okay, the first thing you need to do is call child support enforcement to find out if they are stopping the support to your ex for your son and ordering her to pay you.
LADY LAWYER : If this is the case, then you don't have to go to court to get this done.
LADY LAWYER : Child support enforcement is the administrative agency that can often do exactly what the court (the judicial agency) can do in terms of child support.
LADY LAWYER : If they can't get it straightened out, you will need to prepare the motion to modify.
Ok. So you think it's to late to let a judge know about what she has put us through
LADY LAWYER : I know it is difficult so I would be happy to walk you through it and answer questions for you if you have to fill it out.
LADY LAWYER : No, haven't gotten that far yet. Just focusing on the immediate issue of the child support as it pertains to the future.
LADY LAWYER : I want to make sure you do not have to pay any more future support and that she will pay you instead.
LADY LAWYER : Sometimes, filing for government benefits is a way to trigger a change in support. It seems that is what happened here.
LADY LAWYER : If it is, you won't have to go to court for this specific reason to get this issue taken care of.
Ok I won't be able to fill out the paper work today
LADY LAWYER : That is okay. You need to call child support enforcement on Monday to find out what the situation is. You may not need to fill it out at all if support has been changed.
LADY LAWYER : Now, with regard to back support...
LADY LAWYER : Unfortunately, even if your son was living with you, until you filed a motion for modification or until you did something like file for government benefits, you cannot go back and get credit for any support before that.
LADY LAWYER : So even though your son was living with you, until the court or child support enforcement changed the order, you still would have to pay your ex.
LADY LAWYER : Therefore, all the back support that has accumulated up until this point will be deemed valid by the court.
LADY LAWYER : With regard to your tax return and court date...are you going to be able to get that money back and pay the back support before you go to court?
Customer: Sorry I was using my phone it froze
Customer: Yes I was able to get enough to pay my back support, and report to the IRS
LADY LAWYER : That's okay. You may have to scroll up and read some of my previous answers so everything makes sense. So you have already paid all the back support owed then? If so, did your ex's attorney cancel the court date?
Customer: I am hoping my tax refund gets to me before the court date. I still have that $2000 balance
LADY LAWYER : oh okay. Well if it does, then you can pay the money and the hearing can be cancelled OR you can file your own motion for contempt and it can be heard at the same time as your hearing on the back child support.
Customer: I can do that
LADY LAWYER : You would take the money to the court to pay your ex, of course, so that you wouldn't be in contempt. But them you will get to argue the fact that your ex claimed the other child on her return when it was supposed to be yours.
LADY LAWYER : You can also file a motion to modify custody and ask for custody of your kids.
LADY LAWYER : Oh, in your contempt motion, you will also let the judge know how she moved away and never gave you notice or sought permission from the court.
Customer: Every one I spoke to told me its too late for that
LADY LAWYER : No, not too late if you are in front of him for something else as well. The judge technically could make her move closer to you or could give you custody. Most likely though, the judge will make her bring the kids half way or more to see you.
LADY LAWYER : If you were just trying to bring a motion based on her move, it would probably be denied, but since you have some other things going on, you need to bring it up.
Customer: I did not know that
LADY LAWYER : Okay, so I think we have covered all your issues. The first thing you need to do is call child support enforcement on Monday and find out if the support order was changed. Then come back here to this question and let me know so we can go from there.
LADY LAWYER : Also, if you have any specific questions for me right now based on what we've been over, I am happy to answer them!
Customer: Ok thank you so much.. I had more questions but unfortunately I am not at my house and using unreliable Internet. I will answer you lon Monday on what get answered
Customer: Have a great weekend
LADY LAWYER : that is fine, no problem. If it is okay, can you go ahead and leave a positive rating now so that I can keep the question open for you? Otherwise, it may timeout.