RKL
recently joined
Reged: 08/23/05
Posts: 9
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My daughter is not married to the father of her 15 month old baby. She had went to court for child support last July. Filed several months earlier. The father makes $70,000 a year that he puts on his income taxes. About 30,000 under the table. (which was not considered in the judgement)My daughter makes 16,000 a year. She got the final court order yesterday. The judgement says the father does NOT have to pay any back support. Does NOT have to pay any of the hospital bills from the baby being born. Nor does he have to pay any of the $1000 it cost to have tubes put in their baby's ears. Is this all normal? Or did she get a bad lawyer? Is there anything she can do? She lives in the Springfield MO area.thanks
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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I would have to say she got screwed. My husband had pretty much the same situation. Before me he had a week fling, that he met at the bar. She was on welfare. He had to pay for DNA testing, done by the state, all hospital bills, and child support from birth. They back dated CS from birth. By the time everything was done and it was his kid, he owed about 8000. in back payments. I don;t know if they have changed the laws, his case was back in 1992. All of his payments have went back to the state to pay for the welfare she recieves. We live in mo. also. Did she go through CS enforcement? That would be her best bet because it won't cost her anything.
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Empty Nesting
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RKL
recently joined
Reged: 08/23/05
Posts: 9
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My daughter is not on welfare. She does not even want that. All she wanted was for the dad to pay 1/2 of all the medical bills including the birth. 1/2 the surgery for tubes having to be put in his ears. This guy has money and comes from money. And is used to getting everything his way. When he got the judgement he called and bragged to her that everything went his way. She just thinks it is fair he helps to pay for any medical bills. And monthly child support to be able to get him things he needs. Her baby is everything to her. She did not go through child support enforcement. SHe hired a lawyer. Which she also has to pay 100% of.
My daughter first filed for support July 2004 (He was born May 2004), First court date was in Dec. just to get the temp support ordered. They went back in July this year to get the final order. She at that time was told by her lawyer that he (the dad) was going to pay 1/2 of all medical bills and back support. When the final judgement came the other day. She found out he did not have to pay any back support . ZERO past medical and ZERO future medical. Just has to keep the baby on his insurance. And the dad gets him for 2 weeks in the summer this year 2 weeks at age 2. 3 weeks at age 3, etc till it is up to 6 weeks. This was the fist CO. The dad has no other kids. Makes 100,000 a year. Even though he only puts $70,000 on his income taxes. My daughter makes about $16,000 a year.
He was really upset that she asked for child support. Said he would have to change his lifestyle.
Also untll recently he didn't even want the baby for overnight.
Edited by RKL (08/24/05 03:53 PM)
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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Personally, I think she needs to apply for government help. Start with foodstamps and housing assit. Can't hurt to try. The government does not want to pay if dad is able too. Tell her to go to CS enforcement and put her case in. They are free. They base everything on income, you could even figure it out on CS calculator web site. She should get help with daycare also. He should be required to pay 1/2 of medical not covered by ins. Once she starts costing the government they will go after him. Talk to ya later, time to go home
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Empty Nesting
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RKL
recently joined
Reged: 08/23/05
Posts: 9
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I do not think she could get food stamps. My daughter is living with her dad for now. (I live 2000 miles away) Can she appeal the judgment? Why would a judge not order the dad to pay 1/2 medical bills? Looking at her and his income.
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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I think it would be in her best interest to apply at least for medicaid? Does she still owe the hospital bill? We also have WIC, they provide basic formula and food for baby. If she is breastfeeding they will also give her good food. I would turn the case into CS enforcement and they will do the modifications to the support order. The state will go after him. In mo. usually medical exp. not paid by ins. are split between the two, her 1/2 might be covered by medicaid. How much did they make him pay?
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Empty Nesting
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Cinder2
Carpal \'Tunnel
Reged: 06/02/05
Posts: 4361
Loc: Southern California
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There must be some reason why the judge would not order back support or back medical bills. What argument did the dad's lawyer use?
Cinder
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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Sometimes in small country towns you get the good old boy syndrome. If comes from a family with money, they might have golf outings with the good old judge at the local country club, her lawyer probably has had a few beers with his lawyer. We have the same problem with our little city officials. We have a phrase, its not who ya know, but who ya blow. Her best bet will be the prosecutor for child support enforcement. Might take 6 months to a year to get completely processed with the backlog. If he ever quits paying thats where she will want her case. They can take drivers, hunting, fishing license. Intercept tax refunds and make his life a living hell. If he is 2 months behind they will able to garnish wages. If he becomes 5000 behind he will be behind bars. This won't cost her anything, all funded by tax dollars. Try to talk her into it!1
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Empty Nesting
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RKL
recently joined
Reged: 08/23/05
Posts: 9
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She still owes part of the hospital bill and still owes on the bill for the tubes in the baby's ears. She gets around $500 in child support. And the dad has to put him on his health insurance. I will have her check and see if medicaid will pay for what his insurance won't pay.
The dads, dad is a CEO in one of the departments at a local hospital. Right before the last court date my daughters lawyer told he he had agreed to pay 1/2 of everything and the back support for a total of I think $13,000. Thats why she was so shocked when she got the final judgement a couple of days ago. And her lawyer won't return her calls.
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LeAnne
Carpal \'Tunnel
Reged: 08/18/05
Posts: 10232
Loc: missouri
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That does not seem like near enough, what about daycare. I know guys who make 50,000 and pay 700. plus daycare. Here is a web site www.dss.missouri.gov/cse. This is the site we use for alot of info. There is a free MO. CS calculator, can't remember if its on this site if not just search for MO. CS calculator. Let me know if I can help you with anything else? Tell her to apply for anything she can get. If she goes with CS enforcement, They will make him pay for his 1/2.
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Empty Nesting
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