Stimulus checks are seized for child support

All state government is seizing federal economic stimulus checks to settle debts for child support and income taxes.
The child support division had collected about $1.2 million from stimulus checks that were diverted from more than 1,800 people through May 23. "We do this every year with regular income tax refunds," said Jerry Joy, the department's assistant director for child support. He said the department has estimated it will receive $1.5 million overall.


Over $80,000 had been refunded to people who appealed the seizure of their stimulus funds. In some cases, their money had been taken from income tax refunds.
People whose stimulus checks were diverted received notices from the state.
By mid-May, the Internal Revenue Service had refunded $27 billion to about 30 million taxpayers. It expects to send 130 million refunds by the end of June.
The last checks, except for taxpayers who requested extensions in filing their returns and a few other exceptions, will go out in July.
A diverse group of more than two dozen Americans who tracked how they spent their stimulus payments.

Anne Heche ordered to pay child support

The judge cut Anne Heche some slack regarding her child support. Heche was paying her ex-husband Coley Laffoon a whopping $14,978 a month in child support and paying for their private school tuition.Anne went to court and pleaded with the court to lower her child support costs claiming poverty. She basically said that she couldn't afford that much because her show Men In Trees was cancelled. The judge was nice enough to lower her child support from $14,978 to $3,700. That's nice of the judge! While the judge dropped the child support payment significantly, he also ordered her to pay her ex- husband a lump sum divorce settlement of $275,000.

Man must pay child support, despite test

A man who claimed for almost 13 years that he was the father of a child born during his marriage, despite evidence to the contrary, remains responsible for child support even after a paternity test proved otherwise, the Court of Special Appeals has held. A judge in Garrett County Circuit Court should not have granted Darren G. Kamp’s request for genetic testing without considering the best interests of the child, the appellate panel said. Because of that error, “it follows that the court erred in terminating [Kamp’s] child support obligation based on the paternity test results,” wrote Judge Ellen L. Hollander.
WHAT THE COURT HELD
Case: Dep’t of Human Resources, Garrett County DSS, Bureau of Support Enforcement, ex rel. Vicki Jo Duckworth v. Darren Gerald Kamp, CSA 2871, Sept. Term 2006. Reported. Opinion by Hollander, J. Filed May 30, 2008. Issue: Did the lower court err in ordering a genetic test and in terminating the child support obligation of a presumptive father who failed to contest paternity for almost 13 years? Holding: Yes; the lower court erred in ordering the genetic test because it failed to consider the best interests of the child, and erred in terminating the child support obligation because the genetic test was improperly ordered, the appellee’s legal status as father was never terminated and his claims were barred by laches and judicial estoppel. Counsel: Joseph B. Spillman for appellant; G. Gary Hanna for appellee.

Assistant State’s Attorney Joseph B. Spillman, who argued the case for the Garrett County Department of Social Services, felt the court came to the correct decision. “We certainly were pleased that the court made it clear that courts are required to give careful consideration of the best interest of the child before upsetting parental relationships established in divorce proceedings,” said Spillman. Kamp’s attorney, G. Gary Hanna, a solo practitioner in Cumberland, said recent events make him unsure of the case’s future. “We were disappointed with the decision, especially in light of the fact that the child and child’s mother have now completely left the jurisdiction,” said Hanna. “That is a subtlety that we weren’t able to tell to the Court of Special Appeals but since she’s now taken the child from the jurisdiction we really don’t know what will transpire.” Presumed parent Four children were born during Kamp’s marriage to Vicki Jo Duckworth, including a daughter who was born about four years after Kamp had a vasectomy, according to the appellate opinion. Despite allegedly knowing he was not the child’s father, Kamp held himself out as the girl’s father. Even when the parties divorced in 1999 and he was ordered to pay child support, Kamp did not dispute the girl’s paternity. In July 2005, the Department of Social Services filed a petition to increase Kamp’s child support obligation. Kamp then argued that the girl was not his biological daughter, but rather the child of a man with whom Duckworth was having sexual relations in 1992. The lower court ordered a paternity test, which excluded Kamp as the father. The court then terminated Kamp’s child support obligation for his daughter. DSS appealed, arguing that Kamp was precluded from contesting paternity and obligated to continue to pay support. Statutory duty Even if the test itself had been properly ordered, the appeals court said, it would have been an error to terminate child support because paternity was never terminated. “The decision made it clear that once a parental obligation is legally established the child support obligation continues unless parental rights are terminated,” said Spillman. Spillman said he thought the court placed great weight on the fact that Kamp never sought to terminate his parental rights. “One thing that does make this stand out a little bit … is Mr. Kamp did not want his parental rights terminated,” said Spillman. “He was seeking solely to have child support terminated.” Furthermore, the court found the burden was improperly placed on Duckworth to demonstrate that she could not get support from the girl’s biological father. “The best interest standard does not permit a court to cut off one source of a child’s economic support on a mere assumption that another source will arise to fill the void,” wrote Hollander. The court also held that Kamp’s claims were barred by the equitable doctrine of laches as he had waited almost 13 years to contest paternity, and that his request to seek termination of child support was barred by the doctrine of judicial estoppel because he informed the court on several occasions he was the girl’s father. “By waiting until 2005 to assert a paternity challenge … appellee slept on his rights,” the court wrote.


I read the Courts decision and I agreed. Although once the father hits economic hardship and is having trouble paying child support is it really in the best interest of the child? If you take food out of one childs mouth to feed another is that in the best interest of the child? If so which one? Once money becomes a factor in a parent child realtionship it can sever ties that the court claims is already built up! So what then?

Holyfield behind on child support

Evander Holyfield may lose Home and owes Child Support claims Mom of his ChildBy.

Toi Irvin who has an 11 year old son fathered by former heavyweight champ Evander Holyfield, has filed a petition against Evander for missing two child-support payments. The petition for contempt was filed in the Fayette County Superior Court, and alleges that Evander owes $6,000 in child support for the months of May and June.
According to a report published in the The Atlanta Journal-Constitution, indicates that representatives for Evander have told her not to expect the payments.Quoted by the Atlanta Journal-Constitution, Irvin's Attorney stated: "It wasn't so much that he didn't pay. She was told they didn't know if she would be paid at all."Add to his problems, Evander may be in some deep financial trouble. According to a legal notice, his estate which is in Fayette County and reported to be worth $10 million, is under foreclosure. Reports in the media state the home will auctioned on July 1st by Washington Mutual Bank.

50 Cents New York Home burned down

Shaniqua Tompkins had been living in the multimillion-dollar Long Island home owned by Grammy-nominated rapper 50 Cent. Ms Tomkins was not happy receiving child support payment and free room and board and sued for more child support. The Court in April had raised the support to $25,000 but after an appeal by 50 cents lawyers the Child Support Court lowered to the new amout of $6,700 a month.
The Court also ruled that Ms Tompkins had to move out of the home 50 cents was allowing her to live in.
Now days before she has to move out of the home a suspicious" fire burned down the home. Arson squad investigators were on the scene of the Friday blaze.

50 Cent's Child Support Bill Cut By nearly 75%

Rapper 50 Cent found out Monday that he no longer has to pay his ex-girlfriend Tomkins $25,000 a month for child support of his son Marquis. The court ruled the G-Unit President will now only have to pay $6,700 a month. In April awarded Tomkins $25,000 a month ($10,000 in child support and $15,000 for expenses), half of what she was demanding, while the court reviewed the expenses for her and 50's son. Now that the review is over, 5o is happy with the new order.

911 billed passed

Gov. David Paterson is making it a crime to prevent someone in a domestic violence situation from calling 911 by disabling or removing a phone.
The bill passed earlier this year by the Legislature and signed into law by Paterson Monday creates the misdemeanor. But Paterson says it should be followed with measures outlawing other ways of keeping a spouse or partner from calling for help, such as restraining someone physically from making the call.

vigilante parents

Have you ever looked at a child's face when you told him or her that they could not see the non custodial parent?
It is wrong for any parent to prevent a child from bonding with their parent? Parents, you have a responsibility to pay for children you bring into this world, the money is to help with their general welfare. Providing a roof over their head, feeding, clothing, the list goes on. There is simply no excuse for denying your children their money. Equally I do not condone parents being denied access to see their kids. I guess it all boils down to educating parents and would be parents on the untold consequences this has on the innocent parties - the children.
I personally thing that the vigilante parents that talk the law in their hand should suffer the consequences of their actions. If they think that because the dad did not pay child support that he should not see the child is not their call. They should be forced to sit in jail for the weekend while the child spends time with the non custodial parent. I think after that the problem will be resolved.

Child Support guidelines changing

The child support guidelines now takes inconsideration of what both parents before imposing an order on either parent. Now the woman's income is used when deciding what the father will pay. Also the medical care will be split evenly between the parents. This new ruling is not to benefit the father, but more of a benefit for the child. Now that woman income are much higher than most men, the new law now forces the court to look at the womans income first before issuing a child support order. The new argument is that child support is that all this is done for the child, but what if their are other children that live with the father? A violation of one childs constitiutional rights so that you can protect anothers rights, is that fair? Make one child suffer so that another child can live better. The Court is becoming aware that the father has another family now the Court has to figure out ways to make it fair to both sets of childern!

Child Support Plan to Reduce Incarcerations

Fairfax County Del. Dave Marsden sponsored the program that will offer child-support delinquents a chance to avoid incarceration. Hundreds of Virginians convicted of failing to pay child support will be given a chance to stay out of jail under a bill approved recently by the General Assembly. The pilot program will closely monitors convicted dodgers in the community instead of incarcerating them. At the court's discretion, participants entering the program will be required to work and pay off their debts gradually, with their progress checked closely by a state caseworker. If offenders fail to make payments or follow specifics of the court order, they could be sent to jail. Participants will be released from the monitoring program when caseworkers determine they are fulfilling the court's terms.
With the start of this program and more money being paid to the childern, a success with this program would mean more states will implement this programs and cut down on funds needed to incarcerate child support dodgers.

The power of the Internet...

I am sure everyone realizes how powerful the Internet is, but do you really understand the unlimited depth that you can research material? Have you ever looked up a word on the Internet, but was not sure how to spell it? So you put the best phoentic sounds of the word and hit enter and the search came back do you mean this phonetics. The same goes for child support, money, life and the pursuit of happiness.

If you go to Court and the judge imposes a judgement on you and you don't agree, you do have the right to appeal. I am sure they want you to believe that their decision if final, but it is not that's where appeal comes in, to a higher Court. I promise you you will find at least 10 other cases just like yours, and you don't have to go to a law library to find them... Just the Internet. If your income issue is about income, type in child support issues with income. Now you may have to rearrange the words to find the topics of the cases. Also you can look up Supreme Court cases with the same ease. The key is, if you don't believe it, research it!

Mc Breed Jailed for back child support

MC Breed sent to jail over back child support, rapper MC Breed was sent to jail for at least 60 days during a child support hearing in front of Probate Judge Jennie Barkey.
The entertainer, whose real name is Eric Breed, was arrested shortly before he was to perform with Lil Wayne at Perani Arena for owing more than $200,000 in child support to three different women.
Attorney Jay Clothier, who represented Breed during the hearing, said the rapper's career was not doing as well, and he could not the child support.
Breed briefly statement was that , "He did the best he could do." "Pitiful"
Judge Barkey was unimpressed by Breed's statement and that's why she imposed the sentence.
Barkey sentenced him to 45 days in jail and $5,000 bond in the first case which stems from 1994. Breed owes $54,621 in child support in that case.
In a second case from 1994, Breed owes $135,539 and was sentenced to 45 days in jail and a $10,000 bond.
A third case from 2004 has back child support in the amount of $33,926. Breed was sentenced to 60 days in jail with a $3,000 bond.

Friend of the Court Jack Battles had told Breed he would be let of jail for the concert if he could come up with $6,000 but he was unable to raise the funds.
Its sad that Breed can go and perform at a concert, but can not raise $6,000 thousands dollars. What kind on rapper is he? I think dead beat dad should be placed in the title of his name, if all he could manage to pay was $50.00 dollars in 3 years. Maybe you did not want to pay child support.

Are you kidding me?

Ex-Beatle Paul McCartney was ordered to pay his ex-wife almost $50 million in their divorce settlement. This settlement will come in payments of $1.2 million per year, plus $5 million to purchase a home. Additionally, the court ordered him to pay $70,000 per year in child support. According to CNN online, ex-wife Heather Mills responded by complaining that her four-year-old would no longer be able to fly first class five times per year, estimated to cost around $34,000. What is she flying on?

So lets get a pure understanding of this, she get $50 million plus $70,000 a month in child support and she claims that she can not fly first class any more? Give me a break! She actually has the unmitigated gall to make such a claim? The judge estimated McCartney's net worth to be about $800 million. In fact, the settlement represents only six percent of his total assets, considering they did not sign a prenuptial agreement, I think she came out pretty good. The point of child support is to do just that: support a child. Not change the lifestyle of the mother! The child of a wealthy parent requires more than the child of an unwealthy one; because of the opportunity that is giving to a child at an early age, the expectations are greater. The status of a family that has money differs from the average family. After exposing a child to a staus of living why punish a child because the parents divorce. It would not be fair to expect that child to live on a lower standard than he or she is used to. it is fair to require a wealthy person to pay larger child support payments but there must be a limits. The reason why, A wealth familys child will always have a higher rate of exposure to opportunity because of the money and the status that has been developed with the family name. If you don't believe me look at reality TV shows such as Runs House, Jean Simmons Family Jewel. These shows allow the American public to view how they live and the type of status they have developed. They pick up the phone call an executive and get their childern places in a matter of minutes. Life does not end when the child support order is placed, but its just begining.

Sean Levert died after being jailed for paying child support

The 39 year old R&B singer died at the Lutheran Hospital from natural causes last night. He was transported to the hospital from the Cuyahoga County Jail. He was being held there on charges of not paying child support.
The Sean Levert death comes as a big surprise considering his age. The crazy thing is that his brother Gerald Levert died in in 2006 at the age of 40. There is not any evidence of foul play involved considering both of them died at such a young age. Shawn levert and Gerald Levert formed the band “LeVert” back in 1984.

Sean Levert had been sentenced to 22-months in prison for not paying child support. Sean owes $85,427.68 in back support for his three children - ages 11, 15 and 17.

I don't agree with jail time for non-child support payments. With All the crime in the United States how many cells a year do we waste on dead beat dads? I wonder is it really worth locking a man or woman up for for a year or two as a form of puishment? It offers no retributuion to the child and what does the state gain from is incarceration, a check? Why not community service, house arrest and if they don't get it then, lock him or her up.

Parent who stop visitation

Have you ever looked at a childs face when you told him or her that they could not see the non custodial parent?

It is wrong for any parent to prevent a child from bonding with their parent? Parents, you have a responsibility to pay for children you bring into this world, the money is to help with their general welfare. Providing a roof over their head, feeding, clothing, the list goes on. There is simply no excuse for denying your children their money. Equally I do not condone parents being denied access to see their kids. I guess it all boils down to educating parents and would be parents on the untold consequences this has on the innocent parties - the children.

I personally thing that the vilgalante parents that talk the law in their hand should suffer the consequences of their actions. If they think that because the dad did not pay child support that he should not see the child is not their call. They should be forced to sit in jail for the weekend while the child spends time with the non custoduial parent. I think after that the problem will be resolved.

Men have to step up and be a dad!

These school shootings are getting out of hand, their have been 2 separte incidents of school shootings in Memphis, TN over a disagreement. Is it really worth killing a guy because you did not like his team?Now days kids don't fight any more/they shoot. Even when they fight if the looser is not satisfied he may still want to get a gun and shoot up the place. The problem that we are haiving in todays society is that not enough men are stepping up and being dads! Without the leadership of a man guiding his son or daughter down the road to success they will continue to end up in trouble or in jail.

As we look at todays society we are gradually seeing more teen violence . They are commiting crimes with no remorse and never really get a grasp of what they have done until they end up in jail. Then they always have that dumb found look on their face, like what did I do? Society has changed so much that men who father childern, are doing stepping up? Everyday I hear its the teachers fault because the kids are undisciplined, and they have no directions. When in reality its the parents fault.

We as parent need to remember that children did not ask to be here, and once we take the time to create life we have to take time to preserve life.

Pro se, Did You know about this?

I learned about becoming a pro se litigant about 25 years ago. In basic terms you represent yourself. You need to be prepared when you attempt this task. It is not rocket science but it does require preparation. I have hired attorneys and I have represented myself as well. The key is don't take on more than you can handle. A 1991 American Bar Association study of self-represented litigants showed:

Persons with incomes less than $50,000 are more likely to represent themselves.
About 20% of self-represented litigants report they can afford an attorney but do not want one.
Self-represented persons are more likely to be satisfied with the judicial process than those who are represented by attorneys.
Almost 75% of those who represented themselves in court said they would do it again.
Self-representation, when combined with the power of modern information technology can be an important means of providing increased access to the legal system. The power of the Internet has given the average person the ability to research and prepare a credible argument in Court. I was a pro se litigant who obtained a divorce, resolved child support issues and was able to lower child support payment.

Please understand that the Court is not going to help you, as a matter of fact they would much rather deal with an attorney. Don't let that stop you they will guide you with nudges. So you have to be flexible and able to catch what tips they give you and run with them.

When you win, you think to yourself that it was all worth it!

The information that I share with the men and women of the World is to help you protect yourself and to have the power to know when something is not right! You see its one thing to know its not right, but its another thing to know it not right and show why its not right!

Ruling on Income you could make

Their was a court case Meredith vs Meredith.
This case was one Where Richard Meredith had retired from his job of 29 1/2 years. The court said that because of his voluntary retirement that his child support should not be reduced. Mr Meredith was making $49,000 but because of his early retirement he would make about $25,000. The court said that the calculation of his income should be based on what he was making not what he is making.


The higher ruled that the father did nothing wrong and this was the courts findings.

(1) father had been pursuing this job change for three years; (2) father had bad knees and other health concerns arising from previous injuries as a garbage collector; and (3) father’s new job had better benefits, and he would gradually make more money the longer he worked. Id. at 353.

All these facts taken together led us to conclude that father’s decline in income was not purposely brought about to reduce his support payments and that he had a legitimate reason for taking a different job.

The court always has the same issue where if a man decides to change employment that he does not want to pay child support.What? That concept blows me away that a many men would want to make less money so that he does not have to pay child support, wow.
I hope this helps one man who is something like this going on in his life.

Man trying to avoid paying Child-support by running to Canada caught.

One of the state's most delinquent in paying child support faced a judge January 2008; he is accused of fleeing to Canada to avoid paying more than $300,000 to help care for his three children over six years.
David Fisher was working in Hopkinton as a computer programming consultant earning more than $140,000 a year when he agreed in a January 2000 court hearing to pay $883 a week , which breaks down to $45, 916 dollars a year in child support for his children, who were 10, 16, and 17.
He later that year requested to have his payments reduced but the court rejected his request. For no common reason he quit making payments and was found in contempt of court for failure to comply with the child support order. The last payment was received April 17, 2001. Since then, his unpaid child support, plus interest and fees, has reached about $493,000, according to the Department of Revenue.
"The reason the amount is so high was he agreed in court to the stipulation that he could pay $880 a week, and then he didn't," said Robert R. Bliss, spokesman for the Department of Revenue. "He paid a couple thousand dollars before he stopped paying."
I have been in this situation before in life where the courts make a ruling based on the income that you are currently making. Although if you loose the job, or even receive a pay cut; the court has already determined that you were making that kind of payment and you still should. So if you get a job paying 70,ooo a year, the court will tell you that you need to get another job to make up for the rest of the income. In most cases men starts another family and that family suffers because of the income that he is paying for his first family. I unfortunately did the same thing this guy did, I did not pay for a year or two but when I was locked up for a few hours, that help me get on track. I am thankful that the courts have loosened up a little. The ideal that the man is always the blain is not fair! The only thing that a real man wants is to provide for his children and his family. Taking at advantage of a man with the court gaining profit for a man who owes child support goes against the grain. Why can the court charge interest and fees for money that is not owed to the court, but to the child? After a point the interest and fees out weigh what is actually owed, meaning that it can never be paid off. I think that the child support statues still need to be reviewed, for the court has no right to profit and the child never sees that money.

Wrongly Convicted Man Upset Over Child Support Case

Dwayne Allen Dail, who was wrongly convicted of rape and spent 18 years in prison, appeared in court Wednesday in a civil suit for back child support. Dail is entitled to $360,000 in compensation from the state for the wrongful imprisonment. New DNA evidence set him free, but Dail now says he feels imprisoned by his son's mother.
Lorraine Michaels, the mother of Dail's son, she filed the lawsuit. The suit seeks a "reasonable sum for the care and maintenance of the minor child" for the years Dail was in prison.
I understand that the Ms Michaels wants back child support although we really have to look at the picture. Dail did nothing but be in the wrong place at the right time. Okay she wants Dail to shell out some of that $360,000 dollars. I personally do not feel that he should pay anything from that money he received! The state illegally incarcerated the man; and to make matters worse she want to take some of that money for him being illegally incarcerated for 18 years for her pocket!
The right thing to do is sue the state for a violation of her son's 14 amendment rights; pain and suffering.
It is not fair to give the man double jeporady for the States mistake!