7isEnuf
recently joined
Reged: 04/15/08
Posts: 5
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Hi, guys- I have been a lurker, but wanted to come out of lurkdome and ask if you had advice about this.
Hubby's Ex left him for another man, lied about husband owing her 17K, had wages garnished, we recently paid off the false 17K through arrears garnishments, and by her taking our tax refund every year. She's done a lot of harm to us, and the kids over these last 7 years. Very money-hungry and will do anything to get it, regardless of who she hurts. It's just her nature to be evil, it seems.
The point: We have 2 of the 4 kids living with us, by their own choice, and 1 of the kids is 18 and is living on her own. So she only has ONE of the kids living with her, yet continues to collect CS for 4. Isn't that fraud? Illegal? We still have wages garnished for all 4 kids. Sometimes she sends back some of it, and thinks she's doing us a favor, but if she's ever short on money, she just keeps it. We never know what she's going to do with it, and it's OUR money! She will not take it out of CSE, and we are paying 1500/mo to her. We live in CA, so to travel and pay for an atty. is impossible, when we are forking out so much money to the woman.
We tried to ask GA for a modification, but they sent us a letter saying they couldn't because she had at one time moved out of GA and into KY, and therefore GA didn't have jurisdiction over the case any longer. She now lives back in GA, but even if she did live in KY, why would GA collect CS if they have no jurisdiction over our case anymore? Why would it be unable to be reviewed for mod? Makes no sense. She has screwed us over so many times, it's hard to understand how anyone can be so heartless.
Any ideas? Advice?
Thanks :)
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Redlegg
Carpal \'Tunnel
Reged: 10/05/06
Posts: 26686
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Sounds like she was in KY when you asked, but now that she is in GA again, ask again. I have no idea, but I would say if you don't follow a court order, then you are in contempt. So it would seem you need to get it changed , or talk to a lawyer who can tell you how to get it changed.
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googledad
Carpal \'Tunnel
Reged: 12/31/05
Posts: 10207
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Where is the CS order from , Georgia or Kentucky ?
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Careful. We don't want to learn from this.
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Relayer
Carpal \'Tunnel
Reged: 03/13/07
Posts: 9506
Loc: Moorglade Mover
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You need to go back to court and get the custody arrangement formalized and then petition for CS from the crook.
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GO CUBBIES!!!!
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Debi
Carpal \'Tunnel
Reged: 06/03/05
Posts: 7136
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It's not fraud in the legal sense. She has a CO to collect a certain amount. If circumstances are different than when the order was issued go get it changed. Don't you think she would if it was in her favor? Your choices are to pay for an attorney, send the kids back to her, or continue to pay while the kids live with you.
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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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almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
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As long as you haven't filed to modify custody and CS, CS remains the same. Legally, she doesn't have to send any of it back to you. No, it doesn't make her a nice person doing this though, but she is within her LEGAL rights nonetheless. Morally, she's corrupt.
GA collects the CS because the CS jurisdiction was never changed. It has to be changed to the new state and then filed for there. Since she's back in GA, that would make it a moot point. But your husband needs to file. He needs to get custody of the two changed and CS modified and CS for the one terminated.
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Char Fox
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DeeCan
veteran
Reged: 04/05/08
Posts: 1266
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If I couldn't get CSE to take care of it, I would contact an attorney in the county where the order was set and see about long distance services. Many times they can make a modification such this without the client ever having to travel.
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Don't drink and park, accidents cause people.
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7isEnuf
recently joined
Reged: 04/15/08
Posts: 5
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Thanks for the replies. It's just that when we have talked to a lawyer, they have said it would be about $3500 to do anything, and that's the minimum. Since we live in CA, there would be travel expenses too. So either we need to save up for this, or just continue to be at her mercy.
This is also the kind of CO that says we pay til the youngest is 18 (the youngest is now 14 and lives with us...so totally unfair), but DH was out of his right mind when she left him...just totally fetal, not knowing what happened, and she took him for everything he had, and made up the agreement and he just signed it. Sad. So now, we are paying for his inability to think clearly at the time. What a hag, though. I have so much more understanding for dads after going thru this with my DH for the last 7 years. Moms are always assumed to be the morally right ones, and that's just not the case, always. It's made me the dream ex-wife for my ex. I never want to make someone as miserable as she has made us.
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7isEnuf
recently joined
Reged: 04/15/08
Posts: 5
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Char,
But when we filed for a mod, CSE told us they can't review it b/c it's not in GA jurisdiction anymore. Makes me think maybe the first person who looked at our application and explanation letter just read the part that the CP has moved in and out of state, but is now back in GA and assumed that because of the moves, she had it changed to KY. IDK! So frickin frustrating.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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You have to get a modification through the state that the CO is from. You need to do this ASAP. You can even call the State's Family Court system and have them MAIL the paperwork to you for a modification of CS... Once you start that you will get a hearing, usually they will allow you to call in for the hearing since you are out of state. There is some paperwork to fill out to be able to do so, but it's no big deal.
This needs to be handled now. Shop around for different lawyers once the hearing is scheduled in the STATE of the hearing. If the hearing is in GA- call a lawyer in that area. Have a phone consultation. It seems like $3500 is pretty steep to me. It cost my DH $1500 to go through a modification of CS and the start of a visitation modification. His attorney was in the other state. He was allowed to call in by phone, to the courthouse for the hearing.
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