Author Topic: Very frustated  (Read 10071 times)

frustateddad

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Very frustated
« on: April 30, 2013, 03:10:33 PM »
I have a complicated case so I am told, let's start from the beginning. I was incarcerated when my supposed child was born, the woman I was with was married but yet she signed my name on the birth cert. she went to court and got a cs order against me. When I told her I was going to ask for the court to prove that child was mine she changed her # and moved. That was 12 years ago. I have lived in Fl for the past 7 years and had to go to court today and was threatened with 6 mos in jail for contempt. I have paid over 22,000 in cs (not by choice) since 2001. By my figures she would have to have been pregnant 11 mos for the child to be mine. The order states the I have visitation every other wkend and every Wednesday night,well to say the least that has never happened so she should be in contempt........Right? Well I was told today that these things happen and I just need to roll with it, I can't! The last I heard she has moved to new mexico and still holds a KS order how is that legal? Anyway there has to be a way to fight this without going to jail and costing both arms and legs, any ideas? When do my rights start and stop being violated? 

Guru

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Re: Very frustated
« Reply #1 on: April 30, 2013, 10:36:49 PM »
So, in a nutshell, you are saying you paid $22,000 in child support since 2001 for a kid that was never proven to be yours?  Now the court wants to throw you in jail because you refuse to pay more?  If you had no contact with her, how were you paying child support?

Do you have an attorney?  You seriously need one because if you haven't had a paternity test, no one even knows.  The court should order that immediately.  If it's not your kid, you should file a civil suit to get your money back + interest.  I have zero tolerance for mothers who stick it to whichever dad has the better paycheck.  She should have to pay back all that money with interest if she guesses wrong.  It's really the court's fault for not ordering the test.

frustateddad

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Re: Very frustated
« Reply #2 on: May 01, 2013, 11:11:33 AM »
No have do not have an attorney, being I live in FL and the case is out of KS they all want upwards of 5,000 just to try and start something.
As I stated I wasn't paying cs by choice they just take the $ out of my paycheck, but when I lost my job do to economic times there was no where to
automatically draw funds from hence the appearance in court where I was told to just roll with it. These are hard times for everyone and I am fed up with having to pay for this situation, I agree it isn't right but I can't get anyone to listen. I don't know KS law and am wondering if there is a way to file a motion from here to there and maybe have a hearing via skype  or something? I am about to just tell them put me in jail and be a ward of the state until someone hears me. And can anyone tell me the answer to the 7 junk mail question? everytime I get it I can't answer it lol.

Guru

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Re: Very frustated
« Reply #3 on: May 01, 2013, 12:03:58 PM »
So you allowed them to take your money since 2001 for a child you don't even think is yours?  If you ever see the kid, you can buy a home DNA kit and send it in yourself.  Then you'd know what you're up against.  If not, you're going to have to pay for the attorney to do this.  Keep in mind that you absolutely will be asking for your attorney fees refunded by mom if its proven you're not the father.  After that is said and done you will file a civil suit to recover your money + attorney fees.  If you are right, you should be awarded everything.

You can file everything yourself or even pay an attorney to do it for you, but you will have to be present for the hearing or ask the attorney to stand in.  Call attorneys and ask who does Limited Scope Representation (LSR).  You can pay the attorney only to do certain things.

Another option is to just call Maury Povich or Jerry Springer :)

frustateddad

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Re: Very frustated
« Reply #4 on: November 15, 2013, 03:22:45 PM »
Ok been a while since I have been here. Now the state of Fl is trying to raise my CS. My ex no longer lives in KS and KS closed my case, but they reopened it when my employer started sending them money. Now Fl is taking back to court to raise my CS. I need to know if I can file a motion in KS to have the case closed since neither party lives there any more? I talked to a lawyer and he said I couldn't request DNA because it has been so long, but said depending on KS law if I can get the case closed the ex would have to file in her new state and I could file for DNA test. Please help

Guru

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Re: Very frustated
« Reply #5 on: November 19, 2013, 07:25:41 PM »
I think you might need to file for a change of venue.  In which case both parties would have to agree or there would be a hearing on the matter.  I doubt it will be as simple as suggested.  I'm not really sure about the DNA test.  I would think at any point you have doubts that the child is yours you could request a DNA test.  If you've never acknowledged paternity through a court proceeding, you might be able to request the DNA test.

KTM

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Re: Very frustated
« Reply #6 on: November 21, 2013, 04:42:03 PM »
If the case is being filed in Florida, I believe, that you need to demonstrate by reply through a Fl attorney that the Kansas courts have jurisdiction over your case and that support is already being collected through the Kansas payment center. By Kansas law they retain jurisdiction on your case until the child(ren) is(are) age 18. A case may be listed as closed which means court appearances are or have been inactive. But, the court still retains jurisdiction and the case would be listed as open if any new motions were filed. Copies of your case documents can be obtained at the local courthouse records office. I do not believe another state or county can claim jurisdiction without first having the consent of both parties and formal agreement by the Court of original jurisdiction. Florida is likely unaware that the issue of Child Support has already been addressed by Kansas.

It appears it would be best to keep the case in Kansas to make it difficult for her to file a new case. However, an attorney can evaluate other states Child Support rates and give you a recommendation if you want to have the jurisdiction transferred elsewhere.

You have already accepted financial responsibility for the child(ren). I believe you would need some new evidence and recent evidence to challenge paternity and submit any new DNA results indicating you are not the father. Additionally, if you were legally married to the mother you may have accepted legal responsibility for the child by default.