Wrangler4
recently joined
Reged: 07/12/12
Posts: 2
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In 2004, I got my child support court ordered for the amount of $1,119.32/mo. In all subsequent years, my ex-wife’s salary increased and mine stayed fairly constant. Additionally, I won more over nights with my daughters, which resulted in reducing my child support to $435/mo. My ex-wife and I completed annual child support modifications and kept them in our records showing acceptance of the terms. Additionally, she cashed each month's check for $435 further showing acceptance of the terms.
In 2011, she filed a claim with child services in the State of CO, where both of us reside and indicated that I owed $27,000 in back child support. This figure is absolutely fraudulent and it's based on the last court ordered modification of $1,119.32/mo, which ended in 2005. As a result of her filing, my salary has been garnished and I pay roughly 35% of my net income to my ex, which I don't owe. In pursuing legal representation for this, I've been very unsuccessful with securing an attorney. All of them say that I should have gotten all subsequent modifications court ordered. However, in the CO State Child Support Guidelines, all factual references to this process are optional. The term "should" is used throughout the document. Our decree is also not clear on any court ordered requirements.
My question . . . are there any attorneys that will fight for my rights in either family, civil and/or criminal courts?
Edited by Wrangler4 (07/12/12 11:13 PM)
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MinnesotaMom
member
Reged: 01/05/11
Posts: 171
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All child support changes must be approved by the court. They are going to go by the court ordered amount.
Regretfully, you owe the money.
If you believe in a God, expect your ex will have to answer for every penny....my only suggestion is to feel good that it won't be you.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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Highly immoral but not fraudulent. Did you ever wonder WHY the CO paperwork said "should". The state can't "make" you officiate the modifications but they told you that you should make the modifications.
You can probably find someone willing to take your money to fight the case, but most of them aren't taking the case because they know it's a long shot that you'll win.
Did you at least get those accepted modifications notarized?
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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akrkck
newbie
Reged: 03/22/12
Posts: 49
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Just out of curiosity......if the original court order is the only one that matters, what difference would it make if the modifications were notarized or not?
I only ask because for the past 3 years, my ex and I have been using notarized modifications since neither of us can afford a lawyer.
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ssmom79
Carpal \'Tunnel
Reged: 06/27/07
Posts: 7784
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You can file those without an attorney. Many states have Self Help guides on their website with the proper forms to file. I would get on that immediately. And I would request to have it retro'd to the last court order.
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Wrangler4
recently joined
Reged: 07/12/12
Posts: 2
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What I've learned in the State of CO, unless it's court ordered (authorized), nothing and I mean nothing else shy of that order is acceptable.
@Debi - Yes, it is classified as fraud if you look at the definition of fraud. The definition is, "wrongful or criminal deception intended to result in financial or personal gain." This is clearly that case and I can prove it, but no one is willing to listen. I'm willing to take this to the Supreme Court, if necessary. However, I can't even get that support. The bottom line is, only the rich and the scum bags can circumvent the system and get away with it.
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7135
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@Debi - Yes, it is classified as fraud if you look at the definition of fraud. The definition is, "wrongful or criminal deception intended to result in financial or personal gain." This is clearly that case and I can prove it, but no one is willing to listen. I'm willing to take this to the Supreme Court, if necessary. However, I can't even get that support. The bottom line is, only the rich and the scum bags can circumvent the system and get away with it.
No, it's not fraud in the eyes of the family court system because you did not follow family case law and get a changed court order. You can't get anyone to take the case because they are doing the ethical thing and helping you to savethe money you would throw away into a court case.
I stand behind what I said in that your ex is immoral as all get out but it's not fraud. There will be a special little place reserved in hell for her but that doesn't change the fact that you didn't cover your ass. Stupid move.
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When we were together, you said you'd die for me. Now, I think it's time you kept your promise.
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hanzblinx
enthusiast
Reged: 08/13/10
Posts: 380
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That's terrible. I live in CO and when my ex got married, according to the divorce decree that ended her alimony. However my lawyer insisted that I KEEP PAYING HER and her husband alimony until the judge ordered the termination of alimony in writing. Fortunately that only took a month, but good grief the system is retarded.
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kathryndavis
recently joined
Reged: 08/06/12
Posts: 7
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Does anyone know of a vehicle for post-decree discovery? My ex owns a family business and lives way beyond the means of the income he reported to the court. One of his employees told me the company created a new set of accounting books, including falsified pay stubs, in order for him to pay less child support. Isn't this fraud? How do I prove it?
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kathryndavis
recently joined
Reged: 08/06/12
Posts: 7
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Sorry, my first time here. I meant to post this question as a new post, but don't see how to do this. If anyone can help, thanks.
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