4
   

Is this Legal?

 
 
Reply Wed 25 Sep, 2019 10:05 pm
Originally the dad and I had a notarized agreed for monthly payments. He decided to stop sending money so I applied for CS to enforce it. I provided is address but not his employer as I did not know it. CS advises me before court they had his employer info. Court came and went and he did not show despite the court giving him two chances. The court set the order at default for minimum wage as they did not have his employer info. The dad is a contracter and changes employer every few months. Because he is paid 1099 they advised they cannot track his employment and they also cannot legally require he appear to court or provide his pay stubs. How is he not legally required to appear to court? If this is the case all men should just not go to court. He makes 6 figures and was ordered to pay 255 a month and I make minimum wage. We had agreement at 586 a month and now he only has to pay 255.00 and I am paying for health insurance for the child also. How is this legal? Is there a way to fight this? Any help would be appreciated... the state is GA.
 
neptuneblue
 
  0  
Reply Wed 25 Sep, 2019 10:33 pm
@HotgirlCorin,
The Court can impute income on his 1099 filed with the Federal IRS. He is not required to show up at any court proceeding, however, the Judge can and most probably will, issue a Summary Judgement. There are online Child Support Calculators that can give a basis of CS that a Judge issues the Judgement on.

You need to read up and apply all current CS law in your State. Hiring a lawyer can be beneficial. It was your fault not to investigate the rights of your child. Please be an advocate and know what is legal versus what is moral. These are two totally different concepts.

Oh. And having a handle as "Hot girl" anything is pure fiction. Consider having a more grown up attitude.
HotgirlCorin
 
  1  
Reply Wed 25 Sep, 2019 11:53 pm
@neptuneblue,
I have sat down with the CS support office and they advised they do not have access to federal tax returns. They are not able to view them. The judge will not change the judgment made for at least three years unless I can prove that he has an increased income (more than minimum wage).

I have read up on child support law however unless pursuing it personally the state agency does nothing. If I could afford filing fees or even a lawyer I would not have gone through a state agency.

To advise that is was my fault to not investigate the rights of my child, is an incautious statement within itself. You are making presumptions on issues from your own personal bias of the subject. The previous statements indicate the limited information you have to offer.

My issue is that I know that I am not the only mother going through this and the state agencies and Neanderthals like yourself advocate for this behavior from humans that carry a Y chromosome. There is no reason that because the mother is not with the father that the father should not have equal responsibility in caring and providing for the offspring. No parent should be struggling to feed their child simply because the other parent chooses not to. It should be illegal for the mother or fathers to defraud the system. To not provide information is deception.

Your personal offense to my anonymous user name for a forum further's my point of your own bias to the subject.
roger
 
  1  
Reply Thu 26 Sep, 2019 12:24 am
@HotgirlCorin,
I've no idea of the validity of a notarized agreement, but it sounds much weaker than the judgement of a court. If such an order is in existence, I believe his liability is not dependent on ability to pay. You may have to pay a lawyer and go through a hearing to gain enforcement.

Oh, on Neptune, you should not assume she caters to they y chromosome.
0 Replies
 
maxdancona
 
  3  
Reply Thu 26 Sep, 2019 04:05 am
@HotgirlCorin,
If you want to "fight this" ... get a lawyer.
If you want to know whether "this is legal".... get a lawyer.
If you want help with CS ... get a lawyer.

If you want to just gripe to a bunch of strangers... post here.

Seriously, the correct way... the only correct way... to address your problems is to hire a lawyer.

My advice, find a family lawyer and then pay them for an hour of their time. Around here this costs $100-$120 for an initial consultation. You should make sure you are organized, before you go make sure you know all the information about your own finances and everything you know about his.

The lawyer will tell you whether you have a case, and give you real suggestions on how to proceed.

I would pay for an hour. This is a fairly common thing that lawyers do. You can often get a free initial consultation... but you get what you pay for (a free initial consultation will be a sales pitch with very little useful information).
Linkat
 
  2  
Reply Thu 26 Sep, 2019 11:42 am
@HotgirlCorin,
Hi - although I do not believe that neptune is of the Y chromosome it is a bit unfair to dump on you - the law can be very complicated thus why most people that can afford it hire lawyers.

Any way have you tried to find low cost or free law assistance. I did a quick search and found this - give it a go - the best situation for you is to get a lawyer that will help in your best interest- these government agencies are so overworked that it is unlikely you will get someone that is capable of helping your personal situation. you need someone that wants to help you and your personal situation

https://www.gabar.org/forthepublic/legalaid.cfm

or

https://www.georgialegalaid.org/
neptuneblue
 
  -1  
Reply Thu 26 Sep, 2019 11:49 am
@Linkat,
Have you been divorced with children?
Linkat
 
  1  
Reply Thu 26 Sep, 2019 01:26 pm
@neptuneblue,
neptuneblue wrote:

Have you been divorced with children?


ok that explains your anger about most anything I say.
maxdancona
 
  1  
Reply Thu 26 Sep, 2019 01:29 pm
@Linkat,
I am divorced with children. Neptune is angry with everything.I say too. Don't take it personally.
tsarstepan
 
  2  
Reply Thu 26 Sep, 2019 02:01 pm
@maxdancona,
maxdancona wrote:

If you want to "fight this" ... get a lawyer.
If you want to know whether "this is legal".... get a lawyer.
If you want help with CS ... get a lawyer.

If you want to just gripe to a bunch of strangers... post here.

Seriously, the correct way... the only correct way... to address your problems is to hire a lawyer.

The only legitimate answer to any and all child support based legal questions that come here because Google sucks butt by sending queries to this nonlegal based forum.
0 Replies
 
Linkat
 
  1  
Reply Thu 26 Sep, 2019 02:04 pm
@maxdancona,
I certainly don't I think she is just an angry person or else certain things just trigger the anger.

Hey we all have stuff that touches a sore spot.
0 Replies
 
neptuneblue
 
  0  
Reply Thu 26 Sep, 2019 03:19 pm
@Linkat,
Linkat wrote:
ok that explains your anger about most anything I say.


It's not that I'm angry, it's that I have a very low tolerance for bullshit. My answer to OP is spot on.

If OP would have filed CS through a legal channel, then CS would be court ordered and Title IV provision support agencies would follow the rulings set by the Judge. Since OP cannot legally get the 1099 from the child's father without a court order, it makes sense to get in front of a Judge.

A notarized statement of payment does not suffice as a legal document for ability to pay. Once financials from both sides are filed with the Court, the CS is calculated. There are problems with the system, namely penalizing the higher wage earner.

Your lack of knowledge of how CS and Title IV provisions are calculated is quite apparent.

jespah
 
  5  
Reply Thu 26 Sep, 2019 03:36 pm
@neptuneblue,
No.

It is against the Terms of Service to provide any form of legal advice on this site. See: https://able2know.org/about/tos/#3d

And while you may be backwards and forwards versed in CS, etc. in your jurisdiction, that does not mean you are in any other jurisdictions.

The OP needs a lawyer yesterday. Yes, notarizing this or that is probably not enough to be binding. But she needs to get that information from a family law attorney admitted to practice in her jurisdiction.
0 Replies
 
Linkat
 
  3  
Reply Thu 26 Sep, 2019 04:15 pm
@neptuneblue,
I was not bullshitting - I was providing the poster the means where she could find legal help within her state at no cost or low cost.

It has nothing to do with whether someone was divorced or has children or not - it has to do with someone wanting help and I gave a suggested way that she may be able to find help.

Suggesting that someone figure out how to maneuver within the law and within CS on their own is a bit out of whack. Why do you think lawyers go to school for so long and take an exam? Because it is easy to figure out the law? Not to mention each state varies in family law and CS also varies among states.

I do not claim to be an expert in either area - so I would suggest going to an expert and knowing (from personal experience years and years ago) how to find low cost or free legal help - I thought I might help her out to seek the help she needs - more effective than trying to learn the law on her own.
0 Replies
 
longly
 
  1  
Reply Sat 28 Sep, 2019 10:34 pm
@HotgirlCorin,
Check your messages.
0 Replies
 
HotgirlCorin
 
  1  
Reply Sat 28 Sep, 2019 11:50 pm
@maxdancona,
Thanks, but I was actually posting here as a way to hear from others experiences that may have gone through the same thing. This father is legally circumventing the system. I know I cannot be the only mother going through the same thing and I won’t be the last unfortunately. Sometimes people are about to share experiences to get the help they need. If I was on the other end of have gotten through all this crap, I definitely would be reaching back to try to help as many as I possible can.

I don’t have the financial means to get the assistance of a lawyer. There is free legal aid but after three weeks of calling and never getting a call back, finally getting someone on the phone to advise they don’t assist with Child support matters. Not sure if that person lie to me but that is what it is in Georgia

I had a lawyer when I got a divorce, years ago and I currently have a eviction on my record. The martial home was foreclosed on as it was awarded to my ex-husband. Unknown to me , my lawyer not file the quite-claim deed after paying over 3000 for her assistance. So I have a bad taste in my mouth from her for lawyers

I don’t think the legal system should only be assessable through a lawyer, and it’s not. No one gives you a manual on what to do it life takes a turn for the worse but there are resources in other humans that may have possibly gone through the same thing. Other people can say I did this without a lawyer and it worked.

This post is not a gripe but asking for help.

0 Replies
 
HotgirlCorin
 
  1  
Reply Sat 28 Sep, 2019 11:52 pm
@Linkat,
Hello,

I have tried free legal aid but they advised they did not assist with child support matters.
0 Replies
 
HotgirlCorin
 
  1  
Reply Sat 28 Sep, 2019 11:54 pm
@neptuneblue,
I am divorced why children. Yet I am willing to help others when they ask, as everyone is in a different position in life, not better just different
0 Replies
 
HotgirlCorin
 
  1  
Reply Sun 29 Sep, 2019 12:12 am
@neptuneblue,
Hello again,

I don’t think you read my post, this is where your confusion set in. Remember reading is leading.
I did file through CS agency, they are the ones that advised they could not access his 1099. They advised unless he provides his wages they don’t know how much he makes. He was court ordered or appear, given two chances to appear but did not. Because he did not appear the judge set his child support wages at minimum wage. When I went to the CS office and asked them why was he not forced the appear they advised they cannot legally compel someone to appear or provide their wages.

I got the father to sign the notarized statement before going to the CS agency so that we would not have to go through the courts. It was attempt to co-parent in a clear and concise manner. He stopped paying so I then went to the child support agency to legally compel him to pay based on his wages and not on the notarized agreement. The amount we originally agreed is low based on his salary.

This father does not physically or financially help and our daughter was born with a genetical condition which requires travel to specialist over 5 hours from my home. I working outside the home impossible to do due her condition as it would require a nanny (specialized care which is expensive). I work from home which pays close to nothing, and keep her with me. I need help with childcare so that I can get back to making what I was before (the same amount he is now). I would just like the playing field to be even. I should be able to return to work just as he was able to return to work after having a baby. Right now I cannot

0 Replies
 
HotgirlCorin
 
  1  
Reply Sun 29 Sep, 2019 12:21 am
@neptuneblue,
Just a FYI, what you mentioned only happens when you have a private attorney or you are going through a divorce. I have been through a divorce and this was how it was calculated.

When you were not married to the other party and you go through the state child support agency the other parent, in Georgia, apparently is not required by law to provide their wages or appear to court.


But you already knew that right....
0 Replies
 
 

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