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Tuesday, August 26, 2008

Brangelina Eligible For Child Support




Brad Pitt and Angelina Jolie are probably the last couple on the planet who needs monetary support to raise their children. But leave it to France to offer it as an option!

Because the Jolie-Pitts are now residents of Brignoles, they are now eligible to receive child support in the amount of $2600 a month. That means they would receive money for a nanny and be compensated for their children who were adopted.

A spokesperson for Brignoles Council says, "We do not discuss individual benefits cases. But can confirm that all resident local families with young children are eligible for certain benefits."

Let's hope they don't accept the offer! And if they do, they'd probably put it right into charity anyway!

Stimulus checks boost child support collections

Davidson County has joined the rest of the state in witnessing a jump in child support collections primarily because of payments from stimulus packages intended to boost the nation's economy, according to the Tennessee Department of Human Services.

During July, $5.1 million was collected in child support, up 11 percent from the same period last year in Nashville.


Judicial districts statewide collected a record-setting $530 million in child support for the last fiscal year, up from $508 million the previous fiscal year.

Of the state's collections, nearly $24 million came from economic stimulus payments, according to DHS.

Stimulus payments are diverted to child support if a parent is at least $500 behind on child support.

"It's been a really wonderful benefit to children and families of the state relying on child support," said Michelle Mowery Johnson, a spokeswoman for the Department of Human Services.

An intercept program allows DHS to divert economic stimulus payments, lottery winnings and tax refunds toward child support.

"This is helping to pay for the daily necessities the rent, the groceries, the mortgage, the new school shoes," Johnson said.

The stimulus payments provide short-term relief, and DHS officials said they expect the numbers to drop next month.

Davidson County performs better than many others in the state but is being included in a cluster that is targeted for performance improvement.

The county was one of four in the state that showed a slight dip in collection payments in the last fiscal year.

"I think last year was harder than most as far as the economy and the things that affect the collections for child support," said Charles Bryson, director of field operations for child support at DHS.

Easton man tries to pay support with pennies

Grant Trump says he understands why he has to pay child support but he didn't like the smug attitude he received from the support office in Caroline County.

The Easton man was turned away last week when he tried to pay his balance with more than $1,000 in rolled pennies after he was found by a judge to be in arrears.

He tells The Star-Democrat, "I was determined if I was brought to court for something bogus then I'm going to be bogus about it." When his coins were refused, he says officials told him they would get his money one way or the other.

Trump says a supervisor called him Friday and apologized for not accepting the payment. He plans to make arrangements this week to return with his pennies.

Wednesday, August 20, 2008

Yung Joc, Girlfriend Clarify Child Support Situation




Rapper Yung Joc came forward yesterday (August 18) to clarify recent allegations made by his seven-year-old son’s mother regarding late child support payments.

Speaking to Atlanta radio personality Ryan Cameron, Joc explained the existing arrangement between him and his son’s mother Fatimah Jester, just three days after she appeared on a local television news broadcast, Yung Joc was behind on child support payments.


“When I got on, I was only ordered to pay $114 a month because the courts couldn’t determine how much money I was gonna make,” Yung Joc explained during a live interview on V-103’s Ryan Cameron Show. “I was like, ‘What the hell is that? Who can survive on that?’ As far as it looked to them, I didn’t have a job. But I was paying more [than what was ordered]. And something came up one day, and she came to me and said, ‘I think we need to sit down and talk, because I need more money.

“My attorney got with her attorney, I think we did it in a cool fashion,” Joc continued. “We came up with an agreement: I was paying $2000 a month, I would take care of all his medical issues, expenses, extracurricular activities, anything to do with my son. And that was the agreement, and I never missed a payment.”

A few hours earlier, Jester contacted V-103 personality Porsche Foxx.

While she maintained that a discrepancy existed, she explained that Joc was not behind on child support payments, as had been reported on Friday (August 15).

The issue at hand, she said, was that the payments were not timely. Joc, born Jasiel Robinson, stated in his own defense that what his son’s mother is referring to as lateness is a matter of a couple of days, a delay that may simply be caused by how his child support payments are processed.

“I don’t pay it directly to her, I pay it through [the Georgia Department of Resources Office of Child Support Services],” said Joc. “My banker wires the funds to DHR, they wire the funds right to her account. However long that takes, she needs to discuss that with them, and not put me out there bad like that.”

While he says he is more hurt than angered by his former girlfriend’s actions, Joc did express anger at the media for exploiting the situation and jumping at the opportunity to paint him in a negative light.

In addition to reporting that he owed back child support, which Jester never claimed, the WSB-TV report pointed out only his previous encounters with the law.

“They brought up all the charges I been through,” Joc pointed out. “But they never brought up the fact that since I been on, I’ve contributed over half a million to charities and I do charitable work every week…you got cats out here who don’t even be with their kids. And it hurts even more because I am a black man…you born into this world as a black man, your back’s against the wall. So I’m trying to do everything I can to go against the odds that was against me when I’m born…and when you look up in the media at stuff like this depicting your character to be just what they stereotype you as, it hurts.”

Does child support change if another child is born?


If a person who pays child support has a baby with a new partner does the CS for the older child get reduced because the payer has to also support the new child even though new child lives in household with payer?
Unfortunately no, the child that is the last to be born is the one that really has the least of rights. It may not be fair but the Court always has the interest of the child who is getting the child support. There are many of children who currently suffer because a percentage of money is sent to another house hold. So the best interest of the child is bias.

Tuesday, August 19, 2008

'Wanted' posters help find parents




Every six months, a new set of faces that represent 10 parents "wanted for failure to pay child support" is plastered on posters displayed across Mississippi.

The Department of Human Services hasn't received much response from its latest poster. But DHS officials say the poster technique, used since the late 1990s, results in a minimum 60 percent success rate in locating the men and women.
Getting them to pay is a different matter. Some people don't have the money to support their children, said Walley Naylor, director of the Division of Child Support Enforcement.
"And some people will pay because they don't want their picture on that poster," he said. "It lets people know we're serious."
One thousand posters are scattered throughout the state at post offices, state buildings and child-support offices in each county. The poster also is on DHS's Web site.
To be pictured on the poster, parents must owe at least $10,000 and lack any information that would help locate them, such as a current address or employer.
"When these noncustodial parents don't support their children, taxpayers get the bill for their financial and medical support," the poster says. It names the parents and gives a toll-free number for DHS.
Nsombi Lambright, executive director of the American Civil Liberties Union in Mississippi, said she's not sure if the poster violates privacy rights. The ACLU has protested statewide billboards that feature photographs of sex offenders.
"I'm sure resources can be used more effectively to help families and support the lives of children," Lambright said.
But Craig Robertson, a Ridgeland family law attorney who handles child-support cases, said he believes the posters serve as a deterrent.
"I think most fathers don't want to be considered a deadbeat dad," he said.
One woman is featured in the latest poster.
DHS announced last week that Mississippi received millions more in child-support payments over the last fiscal year because of more efficient collection methods.
Heavy caseloads prevent the state from collecting a lot more money.
DHS served 468,548 children during the fiscal year that ended June 30, and collected more than $264 million in child support. That's a $21.9 million increase over the previous fiscal year. About 65,000 families are getting some form of child support each month, up from 62,000 the year before.
About $800 million has gone uncollected during the last 20 years, Naylor said.
Mississippi uses a variety of methods to enforce child-support payments. Some of those include withholding income, intercepting taxes and unemployment benefits, denying passports and suspending driver's licenses.
"Most people pay, in my experience, without having to be repeatedly sued," said James Bell, a Jackson family law attorney who handles child-support cases. "There is a significant number who don't pay."
Sometimes parents leave the state or stop reporting income to avoid child-support payments, Naylor said.
Bell said sometimes parents can't afford to pay because they lost their job or business. And sometimes a rocky relationship with their ex plays a factor, he added.
"If you can get them to focus on the welfare of a child, most people say, 'I want to help my child, regardless of how I feel about my (ex),' " he said.

16-Yr.-Old To Pay Child Support


It's a situation fraught with so many twists and turns that if you saw it on a movie screen you might not believe it.
It began when a 19-year-old girl from the town of Lancaster, Ohio was accused of molesting a 15-year-old boy. Jane Crane was allowed to stay at the child's Columbus-area home when allegations surfaced that her stepfather was being abusive.
But something apparently clicked between the girl and the underage son of those providing her temporary refuge. She's since been charged with unlawful sexual conduct, after allegedly having physical relations at least twice with the underage boy.
So far, the story is somewhat sad, but not that unusual.
But here's where it takes an odd turn. The teen became pregnant as a result of the encounter and paternity tests prove the boy is the father of the little girl, who was born in late April.
Now a court has ordered the youngster to pay $50 a month child support, despite the fact the act that resulted in the child's birth was apparently illegal.
Crane, meanwhile, could face up to 18 months in jail if she's convicted, and that's now prompted the boy's family to try and gain custody of the newborn. The baby is currently living with Crane and her family not far away.
The parents of the now 16-year-old say that because of the allegations against the stepfather, they don't think their granddaughter is safe and they want to take her home with them. They're also outraged that a teenager said to be the victim of a crime has to pay child support.
The unidentified boy's parents claim their son is having nightmares and problems sleeping and that his life has been changed forever because of his naivete. His folks are hoping for a plea bargain to resolve the issue, even as the young mother awaits her own day in court this week.
So what is next a teacher molest a student 15 and she is 21; she gets pregnant and they expect the 15 year old to pay support, is that really right? I guess as a man he should have rapped it up?

Former basketball star Jason Caffey



A former NBA basketball star wants to back out of his own bankruptcy case, but lawyers for at least two of the seven mothers to whom he owes child support urge the judge to sell off his assets.

Faced with the threat of jail in two states, Jason Andre Caffey went to U.S. Bankruptcy Court in Mobile a year ago, seeking breathing room to renegotiate tens of thousands of dollars' worth of child support debts.

So what is sad is he was running around having babies all over the place and can not even pay for what children he has had. Although he could have got caught in the system where he has several courts that are not acknowledging what the other courts are implementing as orders. Creating mass confusion.

Yung Joc Sued Over Child Support




Atlanta rapper Yung Joc has reportedly been sued by the mother of his seven-year-old son over child support.
According to WSBTV, Fatimah Jester claims that Joc owes her $2,000 in court-ordered child support payments and has refused to stay in touch with her. She also claims the rapper's missed payments have made it difficult for her to pay bills.
“I never thought he would be putting me through some of the stuff I'm going through now,” Jester said. “I can't even get in contact with him for things for my baby...it's just hard”.“The type of money he makes, $2,000 is nothing,” she added. “[He] has all kinds of cars, Bentleys, Mercedes Benz, Ranger Rovers, two Range rovers”.
It does not matter if he has 10 Bentleys, the key is he has a child that he is not paying child support for. Regardless of the situation he has a responsibility to his child and if he does not value his child, then maybe he would value some time sitting in jail!

Man Ordered To Prison In Child Support Case


A Cushing man was given a five-year prison term Friday by a Payne County judge for failing to pay back child support, now totaling $31,773.
Eleven years ago, Vernon Scott Turner was ordered to pay $350 per month for the support of his three children, who were then ages 3, 4, and 9 and living in Creek County.
At the time that he was criminally charged two years ago, Turner owed $24,423 in back child support, court records show.
Six months ago, while he was in the Payne County Jail, Turner, 45, pleaded guilty to failure to pay child support and was released on a personal recognizance bond.
When Turner failed to appear in court for his sentencing in March, a bench warrant was issued for the arrest of Turner, who has been in custody since Aug. 1.
In court Friday after prosecutor Kathy Thomas recommended a five-year prison term for Turner, defense attorney Todd Higgins attempted to withdraw Turner's guilty plea -- which was denied by Payne County District Judge Donald Worthington.
When the judge asked Turner why he hadn't complied with a court order to appear for a background report, Turner said he couldn't get a ride.
When the judge asked why he hadn't paid his child support, Turner said he couldn't get a job because he couldn't get a ride.
The judge ordered Turner, when he is released from prison, to begin paying $31,773 in restitution for back child support.

I still feel that it is sad that a man becomes a criminal that is getting major time for not paying child support. Is that really going to benefit the child?

Friday, August 15, 2008

Greenville church music minister has been sentenced


Minister arrested for back child support

GREENVILLE, S.C. - A Greenville church music minister has been sentenced to six months in prison for failing to pay more than $394,000 in back child support for his 13 children.


WYFF-TV in Greenville says a judge ordered Lyman Rea on Thursday to pay $37,000 before he's released. He was arrested Wednesday while preparing for an evening service at Second Baptist Church in Greenville.

It's unclear if Rea had an attorney. Calls to his home and the church were not immediately returned Thursday. A spokesman for the sheriff's department said he wasn't sure if the man had a lawyer.

Feds to get cut of Michigan child support checks

Starting next month, some parents who receive child support checks will see an annual fee of $25 taken out of their checks as part of a new federal law.
The change -- which was outlined in a recent letter sent to custodial parents by the state's child support office -- is expected to net nearly $3 million a year. Most of that money will be sent to the federal government to reduce its budget deficit.
The fee applies only if the parent does not receive food stamps for a child, does not and never has received cash assistance, and has received at least $500 in child support, said Marilyn Stephen, director of the Department of Human Services' Office of Child Support.
Its bad enough that the child support court already charges a fee to collect child support. Then they have a racket that the court can charge you interest on arearage fees goes beyond belief. So not only does the state benefit from child support but the federal government does as well, simply because you had a child. The fact that every man or woman who pays child support has a fee attach to his order to pay is insane! The child support system makes millions of dollars each year from people paying child support and even more for those individual who don't pay...

I personally am upset with state officials because the federal legislation gives different options for collecting the fee, but Michigan has chosen to withhold funds intended for kids instead of collecting it from the non-custodial parent or paying it directly out of the general fund.
Michigan legislators determined that it would be handled in this way once it starts in one state you can believe that other states will soon follow. At first child support was taken for the benefit of the child, now it will be to pay back the federal deficit. Once it works in this state you can only imagine that it will spread like wild fire accross the other 49 states.

Monday, August 11, 2008

Keep Track of child-care expenses



Child-care costs vary depending on the child’s age and where you live, but it’s not uncommon for these costs to be upwards of $6,000 per year.
One consolation for that particular expense is that it’s tax deductible. Parents can claim up to $7,000 for every child under the age of seven, $4,000 for every child age seven to 16, and up to $10,000 for a child who qualifies for the disability tax credit.
"Keep track of your child-care expenses in order to maximize the amount you can claim," says Christine Van Cauwenberghe, tax and financial planning expert with Investors Group. She says many parents make the mistake of not claiming the maximum amount of eligible expenses.
That would be an opportunity lost, as child-care amounts cannot be carried forward to future years.
Parents are advised to report each child 16 and under on their tax return, whether or not they incurred any expenses for that child. That way they can claim the cumulative amount for the children.
For example, suppose you have a child under age seven, and you’ve spent $9,000 on child care, or $2,000 above the limit.
You have another child age 10, and you’ve only spent $1,000 for after-school care. Because you are still under the cumulative total of $11,000, you can claim the entire amount.
Eligible expenses include day care and before-school/after-school care. There are also amounts that can be claimed for summer day camps and sports camps that have a child-care element.
For these types of summer child care programs parents are entitled to claim up to $175 for children aged six and under, $100 for children aged 7 to 16 and $250 for children with a disability.
"A week at an elite hockey school for a 15-year-old, geared towards improving his skills, would not be seen as child care, although it may qualify for the fitness tax credit."
Child care expenses have to be claimed by the lower income-earning spouse, and you can only claim up to two-thirds of your income.
If the child is in private school, and there is a before/after school care component, ask the school to itemize the bill to indicate what portion is for child care.
While tuition for the private school is not deductible, expenses related to child care can be deducted.
Parents can also claim the children’s fitness amount.
The non-refundable credit is worth up to $500 for children under the age of 16 enrolled in an eligible program of physical activity. Not every program meets the eligibility guidelines, so you need to ensure you know the requirements. Children with disabilities are eligible for a $1,000 credit up to the age of 18.
Single parents are also able to claim the Eligible Dependent Credit. This tax credit can also be claimed for a dependent grandchild, sibling, parent or grandparent.
If it’s being claimed for a child, grandchild or sibling, the dependent must be either under 18 years of age, or dependent by reason of mental or physical disability. Only one parent can claim this credit, and it can’t be claimed if you are making child support payments.
"Remember that child-care expenses have to be claimed in the year in which they are incurred," Van Cauwenberghe adds.
"Save all of your receipts, and maximize the amount you can claim."

Rick Ross sued for child support payment


The mother of rapper RICK ROSS' son is suing him over claims he does not pay child support.Tiallondra Nicole Kemp claims Ross has not offered financial support to raise their son, two-year-old William Leonard Roberts, III.Kemp has also asked a Florida court to order Ross to take a paternity test to prove he is the father's child. Kemp believes the results of the test will help establish her case. Kemp requests maintenance payments under the Florida Child SupportGuidelines and wants shared responsibility over the child.
Ricky Ross I feel for you son if you are the father, Flordia is not one of those states that takes paying child support lightly.

Sperm Donor obligated to pay child support


According to the opinion for the court by Judge Michael E. Vigil, the mother came to know the donor through her same-sex partner, and the three became friends. Mother and her partner wanted to have children together, and tried for some years to persuade their friend to donate sperm for them, with the understanding that he would be a male role model for the child but would not have any legal or financial obligation. After resisting for several years, the donor finally agreed and donated sperm, leading to the birth of a child. The insemination was accomplished at home without the participation of a physician. Shortly after the birth of the child, the donor, mother and her partner executed a written agreement embodying their understanding. The donor established a relationship with the child.Mother and her partner separated, but mother wanted to have another child, and the donor agreed to donate sperm for a new insemination under the same terms, although there was no written agreement governing the second child. Again, insemination was accomplished at home without a doctor’s participation. The second child was born, and again the donor sustained a relationship, now with both children, as a male parental figure. Three years after the birth of the younger child, mother demanded that donor provide child support and, when he balked, filed a paternity action in court seeking a support order. Donor agreed to a stipulated amount, which was approved by the court, and the donor has faithfully made the payments. But then three years later, mother demanded an increase. (In the meantime, donor had married and had three children with his wife). Donor again balked and this time the case went to a hearing, which focused on the donor’s income and led to an order substantially increasing his monthly payments. He appealed. ...The first ruling is clearly the more significant, addressing a question of first impression on the enforceability of the agreement under which the donor had agreed to contribute his semen to the project of mother’s pregnancies. The court found that under the agreement could have been enforceable under New Mexico ’s adoption of the Uniform Parentage Act, but the failure of the parties to involve a doctor in the insemination process when there was a "known donor" took these conceptions outside the jurisdiction of the Act’s provision on donor insemination. What remained in the absence of the Act was the clear public policy of New Mexico that a biological father of a child has a legal obligation of support if he has held himself out as the child’s father, and any purported agreement to the contrary is unenforceable as a matter of public policy.
What a idiot, he agreed to be a part of the childs life and then he acts surprised that the mother is expecting child support... I am sorry my friend you should have got a kiss, cause you just got screwed!

James McGreevey will pay child support, but not alimony


Former Gov. James E. McGreevey will not have to pay alimony to his ex-wife, a judge ruled Friday in granting the couple a divorce after a tumultuous eight-year marriage that crumbled publicly when McGreevey acknowledged he was a “gay American.”
A superior court judge ruled that McGreevey, the nation’s first openly gay governor, must pay $250 a week, or $1,075 a month, in child support for his 6-year-old daughter with Dina Matos. James E. McGreevey. Matos had argued that McGreevey was deliberately underemployed to evade paying alimony to support her, but the judge said that McGreevey was being supported by his rich boyfriend while studying at the seminary and, therefore, didn't need employment to support himself.
I can not believe the court is going to let this governor off the hook. What state is this that the man does not even have to get a job? His gay lover is rich and will make the child support payments so that lets McGreevy off? This is a travesty to the poor. The court is literally slapping this guy on the wrist and say you better pay, but don't worry if you don't have a job, we understand, wink-wink...This Court system has no shame.

Saturday, August 9, 2008

INCARCERATION FOR CIVIL CONTEMPT IS INAPPROPRIATE


The demonization of noncustodial parents is used to justify all manner of inhumane treatment for those who owe child support. Sylvia Folk, a noncustodial mother, testified before Congress that she was incarcerated for seventy-two days for nonpayment. The judge candidly acknowledged his awareness that she lacked the money to pay but vowed to, and did, hold her until the ransom was paid by her church. As cruel as it sounds, the one remedy that almost always works is incarceration. Family court judges call it "the magic fountain."... For a destitute person, civil contempt is an inappropriate remedy to secure payment of a child support obligation: the party cannot be coerced into paying child support that instant, because she has no funds to pay it. Under such circumstances, incarcerating the appellant, and other destitute child support debtors similarly situated, serves no purpose at all. Tennessee's Court of Appeals lags behind the courts of our neighboring states in recognizing this fact.

The civil contempt in so many words should not have been a valid reason to hold that person incarcerated for 1 day or 1 year... When does the non-custodial parent have rights if they can not pay child support? Over and over Child support courts violate parents rights claiming that they are doing it for the protection of the child, what happens if the womans family or church could not have raised the money? After 1 year do they release her? Five years or 10. Those courts should be liable for violating that person civil rights!

Fugitive caught because he paid child support



Police arrested a fugitive wanted for selling drugs in Hoboken ... after they found him through child support payments.
Johnny Aviles failed to show up for his sentencing in 1995 after he was arrested for selling drugs in Hoboken. Aviles' arrest came as the result of an undercover drug sting in a Hoboken public housing complex; he was later indicted on charges of aggravated assault, resisting arrest, escape and various other drug charges.
Aviles remained a fugitive for the next 13 years, until police found him yesterday in Bethlehem, Pennsylvania. Investigators had tracked him down through child support payments he had made to a woman in Hudson County.

Monday, August 4, 2008

Sperm donors required to pay child support?



Just saw a little feature on this topic on Good Morning America, but a quick trip around google shows this isn't breaking news. Matter of fact last year in Pennsylvania a court ordered a man to pay child support to the lesbian couple that used his sperm after, get this, the couple broke up and one of the women needed help to pay her own court-ordered child support. And in this case from last year a man who had a relationship of a "patriarchal nature" with the child, was forced to pay child support conveniently around the time the child was set to enter college. I'll have to google around and see if, in the same spirit, women now have to have the father's approval before having an abortion.Moreover, the Good Morning America report said this is holding true even for anonymous donors, in cases where the mother needs help paying her own or her child's medical bills or, for the time being, other extenuating circumstances. So a woman can decide to impregnate herself and can then proceed to shakedown a stranger for money? As if being a husband and/or a father weren't a dangerous and financially risky enough proposition nowadays.
So is this the nature of how men will be treated? No respect?

Thursday, July 31, 2008

What do you think should be the minimum payment ?

What do you think should be the minimum payment for child support by fathers? If the child does not live with both parents should clothes be at the separate homes. What advice would you give to fathers in regards to the upbringing of their kids in terms of financial, moral and emotional support?


Yolanda: “It should be $100 per week for a child. Sometimes children do have clothes at the other home depending on the type of father. Fathers must look after their children especially if they know they are theirs. They must rally behind their children 100 per cent because the children are their future.”



Anonymous: “I would say $100…Is reasonable. I shall talk for myself because some might not agree. I have a two-year-old son and I give him anything once his mother calls and asks. I never believe that a man should have to end up in courts for child support. If you didn’t want a child, you would not have gone there in the first place. Clothes should be shared at both homes. As a father, play the father’s role and be there at all times. Fathers, they are your children don’t let them go astray and go in gangs.”


Speechless: “I believe about $300. With the rising cost of living, $100 can’t do anything for anybody. Children should have clothes by both parents. Fathers must be aware of the essence of parental care in terms of discipline and financial support. Parental care could be categorised under financial arrangement. Love for your kids is very important too.”


Perry: “I have a daughter, she is one year, seven months, three weeks and six days. I believe there shouldn’t be a minimum, once you have it, give it. Fathers, whatever is yours belongs to your child as well. Yes, I believe that the clothes should be shared. Any shopping for the youth, both mother and father must deal with that responsibility collectively. Make time to see your youth as much as possible, no matter what’s on the agenda, always be there for them. Do not neglect a child because a child feels more of the love when both mother and father are around.”


Zardara Powell: “It should be $200 or at least $150 per week. What can $80 do and life is so hard? Yes, children who live with their moms should have clothes at their father’s place. I would tell the fathers to support their child/ren always”.

The point I think that these people are missing is not how much it cost to raise the child, but how much can the father pay and still support himself...

NEW CHILD SUPPORT LIMITS AS OF JULY 1, 2008

Nevada law places presumptive maximums on the amount of child support a person is obligated to pay. A parent must pay 18% of his/her income for one child and 25% for two children. The amount a person pays, however, is subject to a cap based on the income range the paying parent falls in. In other words, if the applicable percentage of the paying parent's income is more than the cap amount, the paying parent will only be responsible for paying the cap amount. The presumptive cap amounts increased on July 1, 2008. To view the cap amounts click here.

Presumptive Maximum Amounts of Child Support
2008 Schedule
NRS 125B.070
Presumptive Maximum Amounts Increased 4.1% Pursuant to the Consumer Price Index (All Items) Increase in Calendar Year 2007 (December - December) as Published by the U.S. Department of Labor. If you have any questions, please contact Deanna Bjork, Manager of Budgets, (775) 684-1708. (Historical Maximum Amounts (pdf))

PRESUMPTIVE MAXIMUM AMOUNTS OF CHILD SUPPORT (NRS 125B.070)
EFFECTIVE JULY 1,2008 THROUGH JUNE 30,2009 ** REVISED MARCH 20,2008 **
Income Range Presumptive Maximum Amount
If the Parent's Gross Monthly Income is at Least But Less Than The Presumptive Maximum Amount the Parent May be Required to Pay per Month per Child Pursuant to

Paragraph (b) Subsection 1 is
$0 $4,235 $604
$4,235 $6,351 $664
$6,351 $8,467 $726
$8,467 $10,585 $785
$10,585 $12,701 $846
$12,701 $14,816 $906
$14,816 No Limit $968

Note: Issued by the Administrative Office of the Courts April 1 of each year in accordance with the provisions of NRS 125B.070 (3)

Monday, July 28, 2008

Establishing Paternity


The reason that I decided to write about this issue is because of the surge of men paying for children that actually are not their biological children. Surely this could'nt be true, right? The reality is all a woman has to do to establish paternity is to say that the baby is mine. This is were men get the shaft, if the man never receive information that he has to appear in court. Then the court automatically assumes that the man is the father. Of course it just that simple for a woman to go to court and make a claim and establish paternity. Now lets look at the flip side, they start garnishing the guys check talking about child support. He is livid and marches down to Department of Human Services (DHS) asking why is my check being garnished. They politely explain that paternity has been established and he is the father of a boy or girl. Now hold on to your seats and enjoy the ride. The accused is not afforded the opportunity to dispute such a claim without first appearing in court. Even after he makes a claim he then has to pay for a DNA test to prove the child is not his! (Please remember that he is still paying child support)... So the test comes back and proves he is not the father. Now he has to go back to court and show the proof to stop the garnishment. So after the court agree that the child is not mine, I have to wait for the court order to cease garnishing my check... This is the ugly part, all money that is paid to the mother who made the claim she gets to keep! This is food for the thought, you as an accused parent have a window of time to dispute a child being yours, if you don't then you are stuck paying support for the next 18 years...

Saturday, July 26, 2008

When is contempt, contempt



Contempt is an act of deliberate disobedience or disregard for the laws, regulations, or decorum of a public authority, such as a court or legislative body. Individuals may be cited for contempt when they disobey an order, fail to comply with a request, tamper with documents, withhold evidence, interrupt proceedings through their actions or words, or otherwise defy a public authority or hold it up to ridicule and disrespect. The laws and rules governing contempt have developed in a piecemeal fashion over time and give wide discretion to judges and legislative leaders in determining both what constitutes contempt and how it is punished.





Contempt of court is a charge which can be laid against someone for interrupting the process of justice in a court of law. A charge of contempt, if proved, can result in fines and jail time. Many people are familiar with the concept of contempt of court, since it tends to come up in courtroom dramas.
There are several different forms of contempt of court. In all cases, they are rooted in the idea that a courtroom and its officers demand respect, both out of common decency and because a court acts as a legal authority. Failure to respect the court can compromise the course of justice, potentially causing a mistrial or compromising the integrity of a trial. As a result, contempt is treated very seriously.

Civil contempt of court involves a failure to obey an order from a court. It can be purged by obeying the order. For example, someone may speak out of turn in a courtroom during trial proceedings, disrespecting the basic rules of the courtroom. The judge can indicate that he or she will find the speaker in contempt of court unless the speaker sits down and remains silent until it is appropriate to talk. Or a witness could fail to answer a question, in which case the judge will instruct him or her to answer or be held in contempt of court.



Criminal contempt of court actually hinders the operations of the court. Examples of criminal contempt include a failure to produce evidence when subpoenaed, or threats to the judge, jury, or lawyers. Someone who yells at the judge, for example, could find him or herself accused of contempt of court.
Contempt of court is also broken up into direct contempt, which takes place in front of a judge, and indirect contempt. In order to prove a charge of contempt of court, it must be proved that the contemnor was aware of the court order or rule which was violated, that he or she was able to comply with the order, and that the contemnor failed to do so. If proved, the sentence for contempt varies, depending on the severity of the crime.




So the point I am making here is, at any given time when a women gets ready and decides not to let a child see his or her father, that is contempt. So when a man does not pay his child support he is held in contempt and threaten with jail time... I don't think that it is fair that a women gets off with a speech about ethics and she know its not right. Then a man will have to go to jail for an infraction of the law...




The Fourteenth Amendment says no man or woman shall be deprive of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.


So when a woman gets a slap on the hand and the man has to go to jail, isn't that a violation of the fourteenth amendment? You see green is green no matter what shade it is, and contempt is contempt no matter how minor it is... So shall it result in fines and jail time for not only the child support payers but the child visitation deniers!
So speak the words of truth, so that all can witness by...

Monday, July 21, 2008

Britney to pay Kevin $20,000 a month child support


Kevin Federline will receive $20,000 a month from ex-wife Britney Spears for looking after their two children. Federline won sole custody of the children, Sean Preston and Jayden James this past week.Britney was granted two visits and one overnight stay each week, and she may also be granted an additional overnight stay by the end of the year.
Did any one know she was raking it in like that? I mean thats Puff Daddy Child support payments...

Friday, July 18, 2008

Should incarcerated men have to Pay Child Support from Jail?



Here's another idiotic aspect of the child support system--demanding that incarcerated obligors continue to make child support payments even though we know they have no income and no ability to pay. Then, when they're released, they're several thousand dollars behind on child support (with interest on overdue payments added), and are subject to arrest or driven underground.This problem has now been recognized by the Justice Department and Hillary Clinton actually addressed it during her campaign but the issue is that regardless of the fact the man is incarcerated for one crime and literally being punished because he can not pay child support. Usually the above scenario applies to low-income minority men incarcerated as part of the asinine War on Drugs. In the case below, the charges are far more serious--murder. Nonetheless, it is still stupid and unfair to continue the man's child support obligation. If he's convicted, he'll be in jail the rest of his life, so the obligation is irrelevant--it'll never be paid. If he's acquitted, then he'll be behind on child support when he's released, with all the concomitant problems, even though he is legally blameless. So the minute that the man or woman is incarcerated the debt should either be picked up by the state or waived. To expect a man that has been incarcerated for 3 or more years to immediately start paying on a debt that has been accumulating over years is not fair to the man woman or child... Something has to be done with the inmate in mind, or he will always be caught in the system.

Wednesday, July 16, 2008

Woman Faces Charges for Failing to Pay Child Support



This week, a New Hampshire woman was sentenced to a charge for felony non-support. Samantha Bilodeau, of Manchester, admitted in court that she owed nearly $19,000 in unpaid child support and was sentenced to two to four years in prison. The sentence has been suspended for five years, excluding just over 200 days of time served. Bilodeau will serve five years of probation under the supervision of child support services.
Bilodeau’s arrest is one of many new cases of wives failing to pay child support to their former husbands.

Monday, July 14, 2008

The Michigan Child Support Formula




This is a complex formula. Among other factors, it takes into account:
The incomes of both parents
The number of children living with each parent
The number of tax exemptions each parent claims
Day care expenses
Health insurance premiums
In a traditional arrangement, the children live with one parent and visit with the other according to a schedule. The non-custodial parent pays child support.
The payer's support obligation can be much lower under the shared economic resources formula. That applies if the children spend at least 128 overnights per year with the payer of support.
This is only the tip of the iceberg. There are many rules and regulations that can affect the amount of child support. For example, if one parent is unemployed, then a level of income can be imputed to them based on their training, recent job experience, whether they quit or got fired, etc.

Health Insurance
Normally, both parents are required to provide health insurance for the children if it is available at a reasonable cost as a benefit of employment.
Both parents are often required to contribute to the cost of insuring the children, and uninsured health-care costs, according to their relative incomes.

Child Care (Day Care)
Both parents are often required to contribute to child care costs, again according to their relative incomes.

Life Insurance
Often, one or both parents agree to maintain a life insurance policy for the children until they turn 18. Michigan law does not require such a policy, but it can be a good idea to demand (or bargain for) it during a divorce, custody, support or paternity case. If the other parent dies before your children turn 18, this could help you support them.
This web site is only for informational purposes. It is not legal advice and does not form an attorney-client relationship. Talk to a qualified family law attorney for legal advice regarding your unique situation.

Laws may up child support



New child support laws passed this year by the Louisiana Legislature could mean an increase in the financial commitment paying parents make to their children.
State lawmakers debated more than a dozen bills relating to the management of children after their parents break up. Nine were approved by the legislators and ended up on the governor’s desk.
“Child support has a very significant impact on people today,” Robbie Endris, executive director of the Department of Social Services’ Support Enforcement Services Division.
It is typical during a nonfiscal regular session, which is every other year, for lawmakers to push a number of changes to the laws governing child support, she said.
One of the bills that made it into law allows judges to add special expenses for camps, music lessons and sports to child-support obligations.
Tamithia Shaw, co-chair of the child-support guidelines review committee, which recommended the legislation as part of its quadrennial report this year, said her committee found that after a divorce, the noncustodial parent is less willing to pay for activities.
Judges already had the discretion to add support for extra activities, but they felt reluctant to do so, she said.
“They didn’t feel they had the right to add that,” Shaw said.
“We’re really trying to address those situations where they refuse to pay anything,” said state Rep. Joseph Lopinto, R-Metairie and sponsor of House Bill 339.
As it was being considered in the Legislature, some senators argued the bill could create an excessive financial burden on those paying child support.
Lopinto said judges still get discretion in determining what a reasonable request is to provide support.
HB339 also gives the court the option, in cases where the monthly income of the parent exceeds $30,000, to place a portion of the obligation in a trust for the child.
Lopinto said some people, like professional athletes, get large incomes for a short amount of time. When they no longer have that income, their child support obligation drops, he said.
During the time they are making income that exceeds the child support schedule, judges can put the money in a trust for the child, he said.
“It just provides a little safety net now for the child,” Endris said.
The child-support schedule, which is used to determine how much a parent will pay based on their income, was expanded by another measure signed into law to include monthly combined income between $20,000 of $30,000. It also updated the payment amounts for monthly incomes starting at $2,250.
Shaw said the current schedule was based on economic data from 1972.
Judges were allowed to use their discretion to set child support payments for incomes that exceeded the schedule, but the law now allows for greater consistency, Shaw said.
One Senate bill held up in committee would have allowed for adjustments to child support payments for parents with children in more than one family. The measure was not part of the Department of Social Service’s agenda but was recommended by the Louisiana State Law Institute.
State Sen. Derrick Shepherd, D-Marrero, sponsor of Senate Bill 605, said the measure is needed to eliminate the “race to the courthouse” that current law allows.
For example, a man has children with two women. Whichever mother files for child support first, the court uses the father’s income at that point to calculate the child support payment.
Then, if the other mother files for child support, the father’s now-diminished income will be used to calculate that child support payment.
So, whoever files for child support first gets the largest payment, Shepherd said.
One measure that attracted attention but failed to pass was House Bill 341 by state Rep. Robert Johnson, D-Marksville. The measure would have clarified how to determine income for parents who are self-employed.
“Not every person who is self-employed is trying to conceal income,” Shaw said. “But when you do have someone conceal, it’s usually in those cases.”
HB341 as it was originally written was not controversial, having not received a single “no” vote. But a hot button amendment was tacked on HB341 late in the session and the measure died.

The controversial amendment started out as Senate Bill 110, which passed the Senate but was voted down by a House committee on May 28. The bill’s wording was then tacked onto HB341.
The amendment would have allowed the state Department of Social Services to seize casino winnings to pay past-due child support.
Endris said this is the third time the Legislature has considered some type of gambling interception bill. More states are passing similar bills, and it’s something the federal government is considering too, she said.
“It will certainly be coming back again,” Endris said. “If the parent’s a winner, the children should be winners, too.”

Thursday, July 10, 2008

DNA PROVED DIFFERENT


Seven children call Terress Sims “Daddy” but for nearly 11 years one other child’s mother says he’s responsible for an 8th. He says he’s not.
“If I claim all these kids, which is a good number for children, why should I be denying one,” asked Sims.
He says the SC Department of Social Services told him he’d have to pay for the DNA test to prove he wasn’t the Daddy. “I was like I can’t afford it one right now and they told me basically they made me well they’re like you got to pay until you can afford one,” said Sims.
So he was ordered to pay thousands in child support but says he finally stopped for good when the girl started to not look like him. When we asked Sims if he took care of this child thinking it was his he replied, “No, I wasn’t. I wasn’t thinking it was mine. I was paying because they made me, otherwise I’d go to jail.”
And when he didn’t pay he was sentenced to 6 months in jail.
“I went to jail later on in the year,” said Sims. “I went to jail twice.”
Family court documents we obtained showed in May of this year he had a genetic test showing he wasn’t the father but DSS required an additional test.
How could that not be good enough? DSS wouldn’t answer that question citing confidentiality but claims they would never force someone to front the money to have a DNA test done.
“We will go ahead and have the tests done,” said DSS Director of Child Support Enforcement Larry McKeown. “If the individual is excluded there is no cost. If the individual is found to be the father than we would ask the court to have the individual reimburse us.”
Not true says Mr. Sims who lost more than just money he lost his freedom.
“That’s time away from your life you can’t get back,” Sims said.
Family court tell us from here Mr. Sims will be able to ask DSS to schedule another hearing to see if he can get his money back. That’s up to the judge. 7 On Your Side will continue to follow his case and let you know what happens.
For more information about disputing child support enforcement claims and starting a case with DSS call 864-282-4650 or click here. You have to watch this to believe this clip to believe it. http://www.wspa.com/spa/news/local/article/man_says_dna_tests_prove_baby_isnt_his/5783/

Wednesday, July 9, 2008

Protecting yourself from paternity fraud




Paternity fraud is the act of falsely naming a man to be the biological father of a child, particularly for the purpose of collecting child financial support , by the mother when she knows or suspects that he is not the biological father.

In cases of paternity fraud, there are many potential victims: the defrauded man, the child deprived of a relationship with his/her biological father, the biological father who is deprived of his relationship with his child. Subsidiary victims include the defrauded child's and the men's families. In particular, financial hardship may have resulted for the defrauded man's children and spouse in cases in which the man made child support payments for the unrelated child.
In some jurisdictions in some countries, there is limited opportunity to legally challenge the assumption of paternity.

If you choose to do so you can request DNA tests for you and the children. Expect to pay upward of $400 for the testing, but if you believe a child is not your biological, it's a worthwhile expense. Your goal is to avoid becoming a victim of "Paternity Fraud." Monetary gain is generally the reason that most women lie about the children biolocial parent. Most men will be on the hook for 18 or more years of child support for a child or children who aren't yours. The bad news is that paternity fraud is not uncommon. If the DNA tests show that you're not the father, you need to get a lawyer and challenge paternity. Depending on where you live, you'll typically have six to 24 months to do so. Forbidding men to challenge paternity, especially in the context of marriage, by limiting the amount of time allowed to challenge paternity, or by allowing women to make a claim paternity without adequate chance for rebuttal by the alleged father. Such is the case in state of California U.S.A.. In some jurisdictions, the husband of the mother of a child is held to be the father, regardless of biological relationship. Access to such testing is restricted in some jurisdictions as it is held to not be in the best interests of the child for such information to become available. A man finding out that the child is not his biological child contrary to information supplied by the mother may result in his rejection of the child or mother.

One man received a bill for $75,000 in back child support. That came a quite a surprise, since he didn't think he had any children. He tracked down his ex-girlfriend and his child and got a paternity test, which proved conclusively that he was not the father. But because he hadn't challenged paternity soon enough he was still held responsible for the arrears. In another case, a dad found 18 months after his divorce that the child he'd been paying support for was not his. The mother admitted she lied about the child's paternity, but because the deadline to challenge had passed, dad'll be paying $1,200/month for the next 15 years - more than $200,000! Unfortunately, even challenging paternity within the window doesn't guarantee that you'll avoid being defrauded. In many states, when a child is born during a marriage, the husband is presumed to be the father - biology is irrelevant. So even if DNA shows that he's not the father, he'll still owe child support. Why are the courts making men pay for children who aren't theirs, whom they may never have met or known about or have no legal rights to see? Unfortunately, it's big business. Many states receive government funds for every child support claim they issue, and they may take a percentage of money collected - often to the tune of tens of millions of dollars per year. The big complication here is that you undoubtedly love your son and you may decide that you want to claim him as your own regardless of what a paternity test might show.

Unfortunately this is very common behavior in women. Collectin child support is one thing but collecting child support should be a crime, a felony. This would at least stop women claiming a man is the father and he is not. Then restitution should be paid for all the money that was paid to that woman with interest. That should be the next bill that should pass as law!

Tuesday, July 8, 2008

Locking men up for not paying child support


I don't believe that Locking men up for not paying child support is the answer. Once a child is born it is the obligation of the mother and father is to raise that child and take care of him or her. Treating a man or woman like a common criminal because they can not afford to pay child support is not the answer.You not only ruin the father’s life but the child as well. The point is not to figure how to lock him or her up, but how to make them contribute to the cause. So many programs could be initiated that would help although if a work release programs could be implemented it would be a resolution to one big problem. 1st he pays child support and he would pay fees to remain in the program. Most important to stay in the program he has to participate in the child’s life. This could be a simple answer to a big problem. We just need a open mind to make it work.

Monday, July 7, 2008

Child support unit movingBy



The child support unit in District Attorney Larry Moore’s office is planning a move in the near future that will create some relief for workers, which should translate to better services for customers.
According to Jennifer Gourd, who works in Moore’s child support office, the basic purpose of the child support office is currently limited by physical space restrictions in the courthouse.
“Our main function is establishing and enforcing child support,” she said. “We currently have more than 5,000 cases open. There are 11 people on staff, but there are supposed to be 16. Right now, we don’t have the space, and we are in very cramped quarters. Moving to a new facility will allow us a better ratio of caseworkers to cases.”
Remodeling of a structure to house the child support office at Denison and Main streets is under way. It will be in a section of adjoined business named Bodega Bay by the property owner.
Gourd provided some explanation of duties assigned to the child support unit.
“The program was created in 1975 for welfare recovery,” she said. “One thing we do is establish support orders; the custodial parent can name the father, who can come to court and acknowledge he is the parent or request a DNA test.”
Gourd listed several other responsibilities the unit handles.
“We also enforce existing orders, and we’re also charged with collecting Temporary Assistance to Needy Families,” she said. “We enforce payment for foster care from the biological parents, we enforce medical support, we can enforce support alimony, and we can enforce child support orders issued in other states.”
Moore said the new facility, which may be ready in August or September, is more than twice the size of the current space.
He explained the importance of having good child support services, which are offered free of charge to the custodial parent.
“The child support division statewide is for whichever parent has custody, and it enables them to better collect child support,” he said.
Moore said the majority of cases involve mothers trying to collect support they are owed.
“These are cases where paternity has been an issue, or the paying parent gets behind on payment or will not pay,” he said. “It is a service.”
Moore added that the new facility also will have room for expansion.

Friday, July 4, 2008

Video: Ex-Heavyweight Champ Holyfield in Court for Back Child-Support



Ex-Heavyweight Champ Holyfield in Court for Back Child-Support



A woman wants thousands of dollars in back child-support from former heavyweight champion, Evander Holyfield or else.The woman asked a Fayette County judge to throw the champ in jail if the debts aren’t paid.

Irvin said she was trying to protect the 10 year-old son she shares with Holyfield. Irvin said the child doesn't medical insurance has been informed that he must leave private school. Irvin said her home may soon be in foreclosure.Holyfield dominated the boxing ring, but Thursday, he was in a very public battle with one of the mothers of his children.Irvin said, while Holyfield lives lavishly in a $10 million Fairburn estate complete with a movie theater, lap pool and bowling alley, she and one of the Holyfield's sons are just days away from foreclosure.Irvin's attorney said Holyfield is three months behind in child support to the tune of $9,000. According to a court document filed in Fayette County Wednesday, Holyfield is not in compliance with a 1999 Child Support Agreement. In it, Irvin said the Holyfield agreed to provide health insurance, private school and a college and grad school tuition trust. She claims he's in violation of all three. Irvin's family law attorney is now asking a judge to jail the Holyfield if he doesn't cough up the money.

Unfortunately Holyfield income has changed and he is in a bankrupt status, and because is his income has drastically been reduced because he is not boxing he should not have to pay $3,000 a month. Its obvious that he was paying support but there has been a impact change in his life, no big pay days. Is putting a man in jail because he can not afford to pay child support really in the best interest of the child?

Thursday, July 3, 2008

Changes in child support to begin




The biggest overhaul of the child support system for separated parents in more than two decades will come into effect on Tuesday.
The federal government says while a few parents will have to pay more in child support to former partners, most would not be greatly affected.
The most significant change is the way payments will be calculated for around 1.5 million separated and divorced parents nationwide.
The federal government says the new formula aims to share the costs of raising children more fairly and replaces a 20-year-old mathematical calculation.
It treats both parents incomes equally and takes into account the amount of care each parent provides.
Previously a parent had to give more than 30 per cent of care before there was a reduction in payment to the primary care giver.
The formula also treats the cost of raising children from first and second families equally.
It also takes into account additional incomes, such as pensions and salary sacrifice, when calculating payments.
Child Support Agency (CSA) acting general manager Trevor Sutton said only a small number of people would see significant changes in their payments.
"For the vast majority of people the changes won't be huge in terms of dollar losses or gains," Mr Sutton told AAP.
"But some parents will be upset and it is understandable, but our main message is for people to contact us and talk about the changes so we can properly explain them."
Human Services Minister Joe Ludwig said the new formula was based on the cost of raising children today.
"There have been considerable changes to Australian society since the Child Support Scheme was created 20 years ago," Senator Ludwig said in a statement.
Other changes to the system include measures to crack down on suspected child support cheats.
As of Tuesday, CSA will have the ability to employ private investigators to spy on suspected offenders.
The measure, announced by the federal government last week, is designed to help the CSA collect debts of $1 billion.
Senator Ludwig said the new scheme "aims to meet the best interests of children, reduce conflict between parents and ensure child support is paid in full and on time".
Parents can view detailed information about the new scheme on the CSA website www.csa.gov.au/schemereforms.

Tuesday, July 1, 2008

Man $120,000 behind in child support gets 9-year sentence in South Bend


Charles Gillam was ordered by a St. Joseph Circuit Court to serve 9 years in prison for not paying more than $120,000 of in child support.
SOUTH BEND — A 34-year-old South Bend man was sentenced to serve nine years in prison for not paying child support.
Charles Gillam also was ordered by a St. Joseph Circuit Court magistrate to be placed on probation for 15 years upon his release from prison.
He was more than $120,000 in arrears as of Jan. 31, according to a news release from the St. Joseph County prosecutor’s office.
Gillam pleaded guilty in 2007 to three counts of non-support of a dependent child, a Class C felony.
I understand the need to enforce child support payments, but a class c felony? So the 9 years that he is locked up he can not pay, is his obligation still in effect? If so then the man is set up to fail, right? If he is at $120,000 now when he is released he will owe even more right? If locked up more than 3 times for same offense, does the 3 strike rule fall in effect?

Is there anything I can do about my ex neglecting his visitation rights?

My ex and I have a 4 year old daughter and a 2 year old son together. Our divorce states that he is to pay child support and have the children every other weekend and on certain holidays. He pays child support, but he refuses to take the children every other weekend. Instead, he goes four to five months without seeing them and then drops by on one of his weekends and takes them. This is starting to cause emotional problems with both of them. Our daughter has always been extremely close to him. She wants to see him and gets really excited about going to his house and spending time with him. However, he is full of empty promises to come and get her and she is broken hearted every time he doesn't show up. It also really affects her when he shows up out of nowhere, takes her with him on Friday, and then walks right back out of her life on Sunday. She always wants to know why he never came back to get her and why she can't go and see him. I do my best to explain things to her without putting him down and making her feel worse, but a few months later he'll pop right back into her life and confuse her again.As for our son, his father is almost like a stranger to him. He only saw him twice for the first 6 months of his life. When my ex drops by for his visit with them every 4-5 months, our son does not want to go with him. He cries when they leave and cries for the entire weekend. I don't want to make him go, but he is paying child support and I have no choice.This can't be healthy for our children. In my opinion, being a father is an all or nothing job. I think he should take his visits as he is supposed to or just sign over all rights to me. I realize I would lose child support if he signed over all rights, but I have to do what is best for them. I don't want him to walk out of their life forever, but I have to wonder if that could be any worse than what they are going through now. Is there anything I can do to force him to take his visitation with them or sign over rights if he doesn't? I live in Alabama if that helps on any state laws.I am sorry for such a long post, but I really need some advice on this. It is breaking my heart to see my babies so upset when there is nothing I can do to make it better! Thanks for taking the time to read this and thanks in advance for any advice you can offer.

answer: What's best for the kids is to keep their dad in their life as much as possible. Kids will follow your attitude on this, so if you stay positive then you're doing your kids a big favor. When your kids are older, they will figure things out for themselves and if dad is still a flake when they are teenagers, they'll probably refuse to see him when they are old enough to make that choice. Until then, change your attitude and teach them some coping skills. You can set the expectations so there's less disappointment if he doesn't show up. You can have a Plan B -- something else to do that's just as fun -- if he doesn't show up. It will also help to keep your personal feelings on the matter to yourself when your children are present or within ear shot. If they hear you speaking poorly of their father, it will influence how they feel and they will remember it when they are older. So take the high road. As far as dealing with your ex, I'd take extra measures to call him during the week to remind him when it's time for visitation. It's not ideal and it's sad that you need to do it, but it sounds like he needs the extra push to put his kids at the top of his agenda. But if you take a positive attitude with him and remind him how much the children need their father and how much you appreciate him when he is involved with the children -- you might be able to work through this without going to court or escalating the situation. Your end goal is to get him to understand he is needed and his children are number one. You don't need a judge for that. You need tons of patience and a loving, supportive attitude. People do change. Someday he will probably thank you for not allowing him to walk out on those kids. And someday your kids will thank you for doing all you could to keep dad involved. Good luck. You have your work cut out for you.

Man must pay support for child who's not his



Men can be legally responsible even if they aren't father


Alexis Lisenbee, 51, rummaged through records concerning his child support cases on Tuesday afternoon.

Lisenbee has been in the child support system since the 1970s, when he was a young man and began paying for a child he said he did not father.
"I told them the child wasn't mine," Lisenbee said. "I was told to sign the papers to pay for the child support or go to jail."
Lisenbee said he was "naively" tricked into signing and now owes thousands of dollars in back-pay child support for the woman who is now fully grown and 28 years old.
Lisenbee paid $450 for a DNA paternity test issued by Paternity Testing Corporation in November. The test confirmed the woman is not his child. He still pays child support.
Although Tennessee has to prove a man's fatherhood, the state doesn't have to disprove paternity in child support cases, said Tanya Jones, child support administrator. If a man signs an acknowledgement or birth certificate, for example, no other proof is required.
Jones declined to discuss Lisenbee's case but shared her expertise on paternity law.
If a man acknowledges he is the father at a child's birth, for example, then years later uses a DNA test to prove he isn't the father, the state isn't liable to pay him back, she said. Even with a DNA test, court action is required to stop a child support order.
"A judicial action to disestablish paternity of a child can, however, be initiated by the legal father by obtaining a DNA test by an accredited testing laboratory that would be admissible under state law and the Tennessee Rules of Evidence," Jones said. "If the test confirms that the man is not the father, the court may then disestablish that man as the legal father of the child.
"The court could prospectively order that further child support would not be owed for the child by that man," Jones continued. "The law provides that the state is not liable for repayment of money paid previously as child support if the court disestablishes paternity that was established by court order or voluntary acknowledgment."
Lisenbee had his DNA test results notarized and mailed to the child support office in Clarksville. He hasn't received a response and is still making child support payments (for three children, two he claims aren't his) from his disability check, he said.
Lisenbee is outraged he is forced to pay for a child he has proven isn't his. He feels he is being wronged.
Court action
Lisenbee thinks the state is obligated to repay him or, at least, stop forcing him to pay for the woman he's proven isn't his child.
Jones said something can be done.
"In certain instances that a person who was determined to be the legal father of a child by way of a voluntary acknowledgment of paternity can have that determination overturned by court action if fraud, duress or material mistake of fact at the time of execution of the acknowledgment can be shown."
Lisenbee said he feels "railroaded" because he has the proof and nothing is being done in his behalf, he said.
"I've been told to go to court, get an attorney to prove the kids aren't mine," Lisenbee said. "They are wrong, and they know they are wrong. They need to overturn this and pay me every cent back. Why should I be forced to pay thousands of dollars for an attorney when the paperwork says it all."
2 other children
Lisenbee also pays child support for two other children, an 18-year-old girl he said is his and a 13-year-old boy he claims isn't. He loves them both dearly, he said.
In 1995, a woman had a son, and Lisenbee thought the child was his. He signed the birth certificate and later began child support payments.
When the child became sick and needed surgery, Lisenbee said he found out he could not give blood to the boy. He then doubted the boy was his. The boy receives monthly payments from Lisenbee.
The $747 disability check Lisenbee receives from the Social Security Administration is reduced to $260 after child support, according to Social Security records.
Lisenbee plans to get a DNA test to prove the boy isn't his.
Paternity laws
Jones said a man can become a legal father in child support cases through the following routes:
By paternity order made by a judge.
By paternity acknowledgement signed in the hospital at birth.
By being named in the birth certificate or an affidavit signed by the father and mother if they're unmarried.
A judge can hand down a paternity order if the father is not present and the judge by default finds the man is the child's father.
Lisenbee said he was never given a blood or DNA test by the Child Support Division for any of the children he pays for. He said he's lived in another state and has been in the military and never attended a paternity hearing. He thinks he has been deemed father by default.

Sunday, June 29, 2008

Hip-Hop Mogul Russell Simmons Sets It Straight On Child Support Ruling



In a letter addressed to critics, hip-hop music mogul Russell Simmons, 50, defended a child support ruling that was filed Tuesday in Los Angeles Superior Court involving the hip-hop mogul and his ex-wife Kimora Lee Simmons, 33, and their two daughters Ming Lee, 8, and Aoki Lee, 5. Simmons set the record straight regarding the amount of child support he pays and why he's glad to pay it. In the statement, Simmons stated the following: Friends of mine have forwarded me gossip online about my custody agreement details with Kimora. The fact is, we’ve had a pretty good partnership at sharing the girls in the past. There have been a few bumps in the road, and those bumps have led us to negotiate a minimum amount of time I’m guaranteed to see my kids. That deal is as follows: I have the girls one full week out of every eight, half of the summer, half of all the holidays, a full week at Christmas, and half of Spring Break. Like in all good partnerships, contracts are meant to protect the partners but are usually not the only way the partners work together. If I show up in L.A., where she now lives, unannounced, I can call up Kimora and she will most likely send them right over. The same goes for when she comes to New York. We have always had a school in New York and a school with the same curriculum in L.A., so when the girls are with me in New York, we can spend quality time together. I can get up with them, take them to school and just be together. Kimora consults with me about doctors or schools for the girls, but she’s always had final say in those areas. If we had an argument about a school, guess who’s going to win? But there are other stipulations in our agreement where we have to make final decisions together. Anything having to do with business decisions pertaining to my kids cannot be done without my consent. I’ve also seen a lot about people reading into the supervised visits stipulation. Kimora travels with a security guard and a nanny. In the past, she’s gotten really nervous that I never travel with security, so if it makes her more comfortable to have her security and a nanny with us when I’m with my kids, that’s OK with me. Finally, I want to say Kimora is a excellent mother and is doing a great job with them. My kids are studying a couple of foreign languages, they travel around the world, they practice yoga, ballet, swimming, karate and piano, among other things...sometimes I think they do too much, but I trust in Kimora on this because she IS a good mother. Regarding the money, my kids live a tremendous life. They do have lots of security, nannies, educators, special programs, travel, chefs, on and on. Their mother manages all of those luxuries and I’m happy to provide for that. With great love all things are possible. Russell Simmons -- The ruling made on Tuesday granted Kimora Lee, sole custody of their two young daughters, while allowing Simmons one week of visitation out of every eight weeks and extra time for summer vacations and holidays. Russell Simmons will be paying $20K a month per child which reportedly stops at the age of 19 1/2 or when they are married, becomes financially independent, emancipated, stops living with their mother or joins the armed forces. In addition, Simmons will allegedly also buy or lease a car for his two daughters in the amount of $60K or more, once every 24 months. When Kimora Lee Simmons filed for divorce from Russell in March, the CEO of the Baby Phat clothing line, reportedly cited irreconcilable differences. The two have been married for almost 10 years. In other news, Kimora Lee Simmons alleged has stated that she is "kind of" engaged to her now boyfriend, actor Djimon Hounsou. The two have been reportedly dating for several months and Kimora stated that she wasn't actually looking for romance when she met the actor back on last February.

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