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Fraud mother

Discussion in 'Alimony & Spousal Support' started by lilbrandon, Jan 3, 2008.

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  1. lilbrandon

    lilbrandon Law Topic Starter New Member

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    Hello everyone. Well heres my dilemma. When i was 17 i slept with a 23 year old girl and became pregnant and had my little girl on my 18th birthday. Well i was carried to court and all, had dna test, and now pay child support. This woman gets 464 a month to take care of my kid. Now when we were in court she told them she made min wage and didn't work but about 20-30 hours a week. Now she makes around 7 an hour and 40 week consistently. My kid comes over with clothes too small for her and her mom has a new outfit every week. Some other things is that i wanted her last name changed which never has happened yet. My child also goes to her b/f house in which my child tells me he beats on her mom in front of her. Who do i need to speak with of all this matter and what can i do?
     
  2. lilbrandon

    lilbrandon Law Topic Starter New Member

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    also she told them she was a college student which she hasn't been to school all year but i've been a full time student since october.
     
  3. Duranie

    Duranie Moderator

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    Was sex between a 17 yr old and 23 yr old even legal in your state? A crime may have been committed here.

    You can google your state's child support guidelines to see if a full time income should be inputed for mom. Are you getting visitation with the child? You are most certainly entitled to regular visits and possibly even joint custody.
    How old is the child? You cn do some snooping around on the boyfriend, alot of court/criminal records online and see if you can dig some dirt up.

    You can try contacting some fathers rights groups, but you really have to prove mom unfit for custody.
     
  4. lilbrandon

    lilbrandon Law Topic Starter New Member

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    not trying to prove unfit.. but unworthy of the money i send her being used for her own personal leisure. Yes i get to see the child regular and i was underage at the time and it was against the law but i've been told i couldnt do anything about it. I am just basically trying to get my cp down because this seems outrageous to me when i work a full 40 hour week and bring home less than 300 now.
     
  5. Duranie

    Duranie Moderator

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    You still have to pay child support and CS is calulated on gross income, not net. You are free to ask for a reduction if you feel you are paying more than guidelines say, but the state guidelines determine what you pay.
     
  6. lilbrandon

    lilbrandon Law Topic Starter New Member

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    so even tho she is working more and making more money i will still have to pay the same? since i'm the full time student now wont they give me some sort of break?
     
  7. Scooterdog

    Scooterdog New Member

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    What state? I will try to find the computation for your state. You can figuer it out from there.

    You should be able to go to the clerk of court(where the order was filed) and ask for a form for child support modification. In Montana, its a simple form you fill out, and the judge goes by the guidelines and sets the amount. It works both ways. Your state may be different, in that you may have to file a petition with the court and go back to court.

    You could get a counsoler of some kind involved, and when the child visits, have them go see this person. If she has an abusive b/f, something needs to be done.

    Although you only have "visitation", you still have custody, she has primary custody. You have a right to make complaints to the proper persons, and to file when something need's to be correct.

    You can call family services and have a welfare check done on your child. Thats their job. Then you have some documentation.

    Document everything. She doesn't sound like a very good mother, you may want to get geared up for a change in custody in the future.
     
  8. lilbrandon

    lilbrandon Law Topic Starter New Member

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    thank you that's what i wanted to hear. Anyways i live in TN. This woman waited 4 years to tell me i had a little girl and take me to court. Dunno if she was worried bout who the dad really was or not but if she went that long she shouldn't need that much help now. She's just flaunting it off and i'm bout to put a stop to it.
     
  9. Scooterdog

    Scooterdog New Member

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    http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-04.pdf

    That hase the chart for calculating it towards the bottom. Might want to save that to the hard drive.

    I sent you a pm with sites that may be of some help. But, follow the rules above and you should be able to come up with the correct amount.
     
  10. Duranie

    Duranie Moderator

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    It really depends on the guidelines of you state. If they use a dual income formula where both parents are required to support the childm both your incomes are factored in. You should not expect to pay less support though because you are going to school full time. Now that you have a child to support, does not mean you get to be underemployed. Because I haven't told you what you wanted to hear doesn't mean I am not correct. You expect her to work full time right? You should be expected to work full time as well.

    If the original CS did not calculate a full time income for mom, then you MIGHT see a decrease, but they still will calculate a full time income for you.
     
  11. lilbrandon

    lilbrandon Law Topic Starter New Member

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    i do work full time. Its just that here lately she has been working full time and doing all this other stuff that I shouldn't be paying as much as i do since i know it isn't all going to my child. I know i cant prove it but it should be much lower.
     
  12. Duranie

    Duranie Moderator

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    What she does with her child support money is her business and as long as your cihld is being cared for, you have no say in what she does with the money. I don't blame you for being concerned, I am married to a NCP who pays support, its frustrating sometimes, but this is just hte way it is.

    And believe me I hear your complaint. My DH pays actually pretty low support and will pay even less when his oldest daughter turns 18 in 4 months. Mom is always broke, gets alot of money from her parents, yet has the money to get a boob job.
     
  13. Scooterdog

    Scooterdog New Member

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    The judge has to go outside of the guidlines, that is fact. You are on the right path bro.
     
  14. Scooterdog

    Scooterdog New Member

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    Last edited: Jan 4, 2008
  15. lilbrandon

    lilbrandon Law Topic Starter New Member

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    i understand what ur trying to say but when my child comes over with clothes that doesn't fit her and i have to go buy her more is just plain b/s. I went and picked her up from headstart yesterday and she had on a holey shirt. Now i bet her mom doesn't wear stuff like that. She also told me and my fiance yesterday her mom is gonna teach her how to pole dance.
     
  16. Scooterdog

    Scooterdog New Member

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    Did you calculate the support? Was is lower? I'm interested in what you came up with.
     
  17. lilbrandon

    lilbrandon Law Topic Starter New Member

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    Well just putting in my part it came up with 403 but when we were in court he based it on both of our incomes... her's is about $1.5-$2 more an hour now plus working more hours. Alot of what is in our papers she didn't hold up to. She told she was a full time student which got her more money and she's not in school and told them she only worked 20-30 hours but now 40. If i start working more i have to pay more, then why when she works more she gets the same?
     
  18. lilbrandon

    lilbrandon Law Topic Starter New Member

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    let's not forget how she never changed my daughter's last name either
     
  19. Scooterdog

    Scooterdog New Member

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    You would have to use your states guidelines, use both incomes, and try to figuer it from there.

    There may be a possibility, the judge calculated wrong, and you were paying less. I'm as confused as you that you would pay even more. The idea of the support is to compensate for income not there. Clearly, it is there.

    You can also argue that the amount should be set lower than the amount calculated. I will see what I can dig up for you.

    PM your email, and I can send you out a couple things. I can't paste it here(to much information)
     
  20. lilbrandon

    lilbrandon Law Topic Starter New Member

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    Also one more thing... they also got me for back child support. I took a DNA test and found on in Jan 07... but he gave her back child all the way from June or July 06. How is that even possible? He said that when she filed she was in the right.. but i have to pay over 6 months back when i didnt have a clue
     

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