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Wednesday, January 6, 2010

You've bankrupted my dad': 13-year-old girl to sue Child Support Agency after legal battle left father with crippling debts

A girl of 13 is suing the Child Support Agency, which she claims is trying to destroy her 'hero' father to pay off the mother she no longer wants to see.

Emma Chapelhow - the first child to take legal action against the CSA - says the agency has threatened to jail her father David and seize their home unless £43,000 in backdated payments is settled.

In a letter to the CSA, Emma said: 'I am happy living with my dad, who has spent ten years fighting for me. He is a hero.

Emma Chapelhow
David Chapelhow

Landmark case: Emma Chapelhow claims legal battles have forced her father David, right, to live in a caravan to make ends meet

'I know he spent everything he had fighting for me and I know he has no money left. My mum does not have to pay my dad for me and this is unfair.'

Mr Chapelhow, 42, first began paying child support to his ex-partner Janette Plummer when Emma lived with her in Brighton.

He was handed the huge bill by the CSA in 2006 and told it was backdated payments based on regulations covering 'lifestyle being inconsistent with income'. This rule usually comes into force when one partner claims the other has undeclared income that has not been taken into account when benefit payments are first being calculated.

However, a year later - after a judge ruled Emma did not have to live with Mrs Plummer and she moved in with her father and his wife Gair - Mr Chapelhow was told he would still have to meet the bill.

The schoolgirl, who instructs her own solicitor, is now taking on the agency because Mr Chapelhow, a graphic designer, has been left with crippling debts following a ten-year legal battle in the family court.

Father and daughter claim the CSA have believed Mrs Plummer's 'fantastical' claims they live a luxury lifestyle without checking. They point out that the family is currently living in a caravan while they rent out their farm house in Wellow, Nottinghamshire to make ends meet.

And the teenager claims that, four months ago, she was left in tears after bailiffs acting for the CSA allegedly threatened to take her pet pony Pringle to help meet the payments.

Emma Chapelhow and horse Pringle

'Outrageous' demands: The CSA threatened to seize Emma's pet pony, Pringle, to help pay £43,000 in backpayments it claims her father owes

In a letter to CSA chief executive Mark Grimshaw, Emma wrote: 'My name is Emma Chapelhow and I am 13 years old. In 2007 I moved to live with my father.

'The judge said that I am old enough and able to instruct my solicitor, which I did. The court moved me to my father. They said my mother could not see me again.' Emma is suing under Article 2 of the Child Support Act 1991, which orders CSA officials to 'have regard to the welfare of any child likely to be affected by their decisions'.

She believes the agency's actions breach the code because it will bankrupt her father and force her into poverty.

Emma said: 'I will take legal action because the CSA have failed to protect me and are still failing to protect me. How can taking my home and financial stability away to pay the mother who the courts are protecting me from not affect my welfare?'

Mr Chapelhow, who is taking joint legal action with his daughter, said: 'They are ignoring her needs as a child and putting both the CSA and the mother she no longer wishes to see before her.

'And to make matters worse, when she has written to them about possible legal action they have ignored her letters and keep writing back to me.

'Enforcement action will have no effect except to put Emma in child poverty.'

The National Association for Child Support Action said it believes Emma is the first child in England to sue the CSA. Mrs Plummet, who lives in Brighton with her new husband-Lee, has not paid any maintenance to Mr Chapelhow since her daughter moved in with him.

She said she supported the decision to award custody to her exhusband but insisted that claims the backdated maintenance would bankrupt him are untrue.

Since it was created in 1993 the CSA has faced controversy. According to the Department for Work and Pensions a quarter of its decisions are later ruled to be 'wrong'.

A spokesman for the CSA said they could not comment on individual cases, but added it was not their policy to carry out enforcement orders which would affect a child's living conditions.

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Can I object to the modification of the amount of child support?

A Question was asked that do I have the right to object to more money taken from my check? When Child support is already being deducted out of my paycheck.

She you do have the right to object to more money being taken out of your account. There is a protocol that you must follow.

First you have to file a motion for reduction of child support. If your income has dropped significantly the Court will take all that inconsideration. Also very important now that the Courts are also considering the Custody Parent, if her income increased then you could receive a reduction for that reason as well.

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Pasco man beat woman pregnant with his child, sheriff's report says

HOLIDAY — A 40-year-old man is accused of beating a woman who is four months pregnant with his child. The incident happened on the night of Dec. 24.

According to the Pasco Sheriff's Office, Terrance E. Reckley tried to kick in the door to the woman's home on Supreme Drive in Holiday.

When that didn't work, Reckley broke two windows to get inside, a report says. Then Reckley punched the woman several times in the face, tried to strangle her and said he was going to "cut the baby from her stomach," the report states.

Deputies found her covered in blood, swollen and bruised on her face, neck, back and arms, with a possible broken nose, the report states.

Reckley of Tarpon Springs was arrested Thursday and is charged with aggravated battery on a pregnant woman, burglary of an occupied dwelling, resisting arrest, criminal mischief and contempt of court on a charge of not paying child support.

Reckley did four stints in prison — for a total of nine years — on drug convictions, according to the Florida Department of Corrections. He is being held without bail at the Land O'Lakes jail. An updated medical condition on the woman was not available Friday.

Blood match leads to arrest, police say

NEW PORT RICHEY — A New Port Richey man was arrested Thursday, charged in the Nov. 3 kidnapping of a 52-year-old woman.

Adam T. Schmidt, 22, of 5920 Grand Blvd. was being held in county jail Friday night in lieu of $50,000 bail.

The woman had told authorities she was attacked by a masked man in downtown New Port Richey. She said the man put his hand over her mouth and tried to drag her behind Club 727 at 6229 Grand Blvd.

She bit his hand and was able to disable him with pepper spray, according to the New Port Richey Police Department. He ran away, but blood from his hand was left on the woman's shirt. Authorities say they matched the blood to Schmidt.

Parents Arrested for Leaving Infant in Cold Car

Booking Photo: Mindy Shay CONWAY, Ark. Police in Conway have arrested two 22-year-olds for allegedly leaving their 6-month-old daughter alone in a cold car while they played video games.

Officer Chris Harris says Nathan Martin and Mindy Shay were arrested Monday night for endangering the welfare of a minor. Police say the infant was left in the unheated car for about 45 minutes as the two played video slots at a convenience store.

The outside temperature was 32 degrees.

Police say the infant was taken to a local hospital for treatment then released to state custody.

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Octomom Doctor's License To Be Suspended

nadyadoc200.jpgDr. Michael Kamrava, who implanted way too many embryos in the now-famous Nadya Suleman, should have his license suspended, the Medical Board of California has recommended.

A complaint was filed against Octomom's doctor by the office of California's Attorney General, accusing him of gross negligence, for repeated negligent acts, and for inadequate records.

The office of Attorney General Edmund G. Brown says Kamrava transferred "a number of blastocyst embryos far in excess of ASRM [American Society for Reproductive Medicine] recommendation and beyond the reasonable judgment of any treating physician."

He is also charged with neglecting to perform a mental evaluation on Suleman, a single mom, who gave birth to 14 children between 1997 and 2008, mostly through IVF.

The Medical Board of California's report condems the doctor for his " ... failure to recognize that [Suleman's] behavior was outside the norm and that her conduct was placing her offspring at risk for potential harm."

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Elizabeth Edwards to meet Rielle Hunter and child

liz1[1] John Edwards’ wife, Elizabeth has now decided to meet John’s mistress and love child face-to-face.

Although reportedly ‘heartbroken’ by her husband’s affair, the 60-year old former law clerk is desperate to avoid the ugly court battle that is sure to ensue if John’s former mistress, Rielle Hunter doesn’t achieve her demands for $18,000 a month in child support.

This change of heart is even more unexpected if you know that when John bought Rielle a home near their $2.6-million mansion in North Carolina, Elizabeth was so incensed, she packed a suitcase and was threatening to leave.

Elizabeth’s fears of a public court hearing became even more real after Rielle demanded an annual $214,920 in tax-free child support for the 22-month old child. Talks between her lawyers and John’s broke down at that point and have been stalled until now. John also refused to let her live in the house.

Just to add motivation, Rielle’s legal reps were threatening to take the dispute to the Superior Court of New Jersey, where Rielle now lives. And the risk of a snowstorm of career-wrecking headlines in the down-market tabloids has clearly made Liz change her mind.

“Elizabeth feels John and Rielle need to put their differences aside,” says the source. “Despite her anger at Rielle, Elizabeth knows Frances didn’t cause any of this. She sometimes breaks down in tears over Frances – All children need their father.’”

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Montell Williams kids are ungrateful

Former talk show host Montel Williams is being put through the wringer by his own children. Montel Jr. and Wynter are both calling him an emotionally deadbeat Dad for not being supportive enough of them despite the fact that Montel pays $18,700 a month in child support. According to the NY Daily news:

Montel Williams two kids with his ex-wife Grace put in on blast in the NY Daily News. 14-year-old Wyntergrace and 16-year-old Montel Jr both say their father is not a part of their lives. Montell Jr says, "I eat every night. I'm comfortable, but I can't say I have him as a father. There's all this fighting over things that shouldn't be a fight, like paying for my PSAT." While Wyntergrace adds, "I wouldn't say I really have a relationship with my dad. He's not in my life right now. It's his choice."

I really wish that it was that easy, that he does not care about the children. Lets face it sometimes a man has to suck it up and make a choice that he will not deal with the children on the mothers terms. Nothing is more frustrating that the children come to your home and they are used as spys for the mother. What does he have, who is he seeing. Its funny that you never question what they have but they always want to know what you got...

The sad thing about the children is that they can not see the truth, the man spent $224,400 a year on his children. Please understand one thing, the man put his life on hold to take car of his children, of course if they don't see him, does that really justify calling the man a deadbeat?

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Deadbeat can mean mom now, and the totals are rising

Single dads are sick and tired of being labeled "deadbeats" when it comes to paying child support. When deadbeat moms are on the rise.

The percentage of "deadbeat" moms is actually higher than that of dads who won't pay, even though mothers are more consistently awarded custody of children by the courts.

Census figures show only 57 percent of moms required to pay child support -- 385,000 women out of a total of 674,000 -- give up some or all of the money they owe. That leaves some 289,000 "deadbeat" mothers out there, a fact that has barely been reported in the media.

That compares with 68 percent of dads who pay up, according to the figures.

Men who are due child support are also getting tired of deadbeat moms' excuse that they can't pony up the money, and some courts have responded.

California lawyer Eudene Eunique in February was denied a passport because she was $30,000 behind in child-support. Instead of spending money on visiting her family in Mexico and on business contracts, the appeals court ruled Eunique�s money should go to her kids.

Meanwhile, warrant officers in southwest Florida earlier this summer dubbed an effort to list the area�s top deadbeat moms who owed up to $19,000 in support as "Operation Father�s Day." Included on the list were Trudi Dana, 43, who owes $19,001 and 29-year-old Mary Mahadie Friar, who owes $16,493.

Of course, the problem of deadbeat dads remains a serious one. Many more men than women have to pay child support, making the overall number of deadbeat dads much greater.

The statistics show 4.3 million moms out of 6.3 million who are supposed to receive child support actually get it. That leaves the alarming figure of about 2 million deadbeat dads, putting them more in the media spotlight than deadbeat moms.

But men also still pay much more in child support. The Census Bureau last month also released numbers showing fathers paid an average of $3,000 to custodial moms in 1997. Women paid little over half that. Moms also get about 60 percent of what they are owed, whereas dads only get 48 percent.

Not only are the dads paying up more when they don�t have custody, but when the court does hand the kids over to dads, they work more than moms who have custody.

While 7 percent of custodial moms work more than 44 hours a week, 24.5 percent of single custodial dads work more than 44 hours. And only about half as many custodial dads get government help than moms.

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Woman says Darius Miles is her baby’s father and petitions for child support

PATERNITY PLEA: Arthurjameeia M.R. Moore has sued NBA player and East St. Louisan, Darius L. Miles, to establish legal paternity and support for a daughter they had out of wedlock.

The petition to establish the parent-child relation and seeking other relief was filed in the domestic relations division of the circuit court of Cook County, Illinois on Dec. 18 by Moore’s attorney, Enrico J. Mirabelli of the law firm of Nadler, Pritikin and Mirabelli. Cook County includes Chicago and some of the city’s suburbs.

The baby, Ari J. Moore, has lived with her mother since her birth on Oct. 26, according to the petition. Attached to the court filing is a DNA test result that says the probability of Miles being the baby’s father is 99.99 percent.

Arthurjameeia Moore says in the petition that she has incurred medical expenses related to the pregnancy and birth of Ari and that she needs support for the “reasonable needs and expenses” of the child.

The amount of child support and other expenses that she is seeking from Miles is not specified in the petition, which says only that the amount is “to be determined,” and that it should include retroactive child support from the date of Ari’s birth to the present.

Miles, 28, played last year for the Memphis Grizzlies. He has played in the NBA for six years and joined the professional ranks directly out of East St. Louis High School.

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Have you been cuckolded by your wife?

In the case of Mike L, his wife broke their marriage contract when she cuckolded him( is when a married man wife commits an adulterous act) and bore a child that was not his. As reported by the Times, when he discovered that the girl was not his daughter he immediately sought a divorce.

By violating their marriage contracts, women who cuckold their husbands already have increased the chances of financial and emotional instability affecting the lives of their children. This instability is augmented by laws which require men to cut ties in order to avoid child support, thus making them choose between their desire for retribution against the cheating spouse and their desire to maintain a relationship with the child.

Wives who violate their marriage contracts by cuckolding their spouses should not be awarded child support payments for those children. One suspects that the advent of widespread paternity testing at birth will reduce the instances of this kind of contractual violation and thus also shrink the number of children who will be affected by the emotional and financial instability it causes.

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Gamblers who owe child support could lose jackpots

Gamblers who are significantly behind on child-support payments would have to forfeit jackpots at Indiana casinos so their kids can get the money, under a bill backed by Gov. Mitch Daniels.

Senate Bill 163 would put casinos in charge of checking customers with single-game winnings of at least $1,200 against a list of parents who are at least $2,000 behind in child-support payments.

Currently, about 165,000 noncustodial parents fit that description. In total, they owe more than $2 billion in back child-support payments.

“We do not believe that parents who have not paid child support should be out gambling,” said Stuart Showalter, legislative liaison for Indiana Shared Parenting, a group that supports the bill.

The ideal has great merit, although lets look at it from this point of view, collecting child support is the option in some cases by any means possible. At times the DHS (Department Of Human Services) takes on this callous approach when imposing a sentence to take child support. The Courts jump on this white horse saying that its all in the name of the child that we must take this money. Even if his or her check can not pay the regular amount of child support the Court has ruled that no man or woman paycheck can not be totally seized; the nice things is only half of the check can be taken. So one portion of the check is untaxed and the other portion is taxed, which portion do you think that the person paying the support gets? You guessed it the tax portion!

So from the stand point of wining gambling, I think that taking half of a persons wining is fair but leaving the man with nothing is unfair and should be unconstitutional. Believe it or not some people make a living gambling and if you take all his income, how can he or she live?

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Loss of passport over child support challenged

A Montreal man is asking the Quebec Superior Court to strike down a federal law that can see parents who don’t pay child support lose their passports and other licences.

Francisco Caruso is arguing that his right to mobility — including the right to leave and enter Canada — is protected under the Charter of Rights and Freedoms.

Caruso said that after his divorce in 2001, he became depressed and lost his job at his father’s bakery. He has barely been able to make ends meet, he said.

But thanks to money from friends and some investors, he started a business importing exotic woods from Latin America, he said. Over a two-year period, Caruso made nine business trips.

But in 2003, he said, he was informed his passport would be suspended because he was late paying child support to his ex-wife and three children. The payments owing now amount to more than $80,000.

Alexander Pless, the lawyer for the federal government, argued that Caruso is the author of his own misfortune. If he had the money to travel to Latin America, he could also have arranged to provide financial support for his children, Pless said.

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