Author Topic: So they are trying to hold me in contempt...  (Read 5257 times)

hicksvilleshick

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So they are trying to hold me in contempt...
« on: January 30, 2013, 09:06:50 AM »
And here is how it all started...

My initial lawyer (Kyle K Weignfield) abandoned my divorce without notice. After the initial child support order (if memory serves around 780 per month) and my income being 1-1200 per month, she set up court dates and failed to notify me, or appear on my behalf. This was unknown to me until the fall of 2008. I had found a better local job, and proceeded to bust my butt to cover the child support and maintain a suitable house to have my kids when I was allowed to have them.

 

After becoming somewhat stable, family ponied up money for me to retain another lawyer (Kevin M Smith) to petition the court to reduce child support to a reasonable level, modify the order to allow me to claim my children on taxes, and of course more parenting time. this is when I found out the divorce was finalized in abstention, my child support was increased both times we went to court without going before a judge. I was told she could ask for more. Based on what I don't know. So this left me even more financially damaged, no changes on taxes, and no more parenting time.

 

So I hunkered down. I worked my ass off. I worked 6 days one week and 7 the next (after I found someone to leave my children with on Sunday mornings while I went to work for a little more than an hour) and that barely covered the 1k per month child support, plus acceptable living accommodations. I received a letter from child support enforcement saying it was up for review, I sent in what they requested, nothing changed. I called numerous times to follow up, and never got a response. The way CSE works you can only call and leave a message and hope the case worker calls you back.  To say it was a struggle would be putting it very mildly. My grandmother took from her retirement to buy a house for me to "rent to own" from her that would give me some flexibility to the amount of rent I would have to pay, basically to better suit my financial abilities. Shortly after moving into the new house, child support enforcement sent me a letter indicating I had not paid one dollar to child support, neverminding the fact they were garnishing 500 every 2 weeks out of my paychecks. I never even so much as got an apology for the coronary they about gave me.

 

Then I lost my job. Once CSE found they weren't receiving the garnishments they sent out another review letter. I'm not sure if I responded to that one or not. They also sent out a letter stating that if I was to be approved for unemployment that if I signed a paper, they would only take 35% vs 50%....

 

A few months later I landed another job at significantly less pay. Everyone blames the economy... go figure. during this job I was often left with less than 1k per month to live on. Obviously not able to make enough to cover child support much less bills I attempted to contact CSE. No response. While I would've liked to devote time daily to trying to contact someone there, I had a job to do that was eating anywhere from 50 to 70 hours a week which is in direct conflict with Department of transportation rules, to just try to keep from going backwards 1k per month. They were taking 60% of my check. sure makes it easy to keep bills up that way, but hey CSE is getting their cut and the ex gets some.

 

As the luck and things would go for me, that job didn't last either, and replacing it has been difficult, neverminding finding a job that would pay enough to cover child support, and household bills.

 

Over the last 6 years (give or take a year) I've been ordered to pay just under 80k in child support. I have paid just over 43k. I no longer have a phone (can't afford) I've been reduced to foodstamps and LEIP (state assistance for gas bill) just to try to keep the house going. I have the same old, now wore out pickup as I did when this started and unfortunately it's days are numbered, I'd like to think I've done an ok job keeping it going as well as it has. My children and I love that truck, but it's worthless to anyone but us.

 

I have repeatedly tried to work this out with my ex-wife on the major issues as I see them, (child support, taxes, parenting time) the memorable responses to the child support was that I 'should get a woman that makes money' and for parenting time I suggested she keep the kids for the school year as I prefer the Maize district over Wichitas, and I would get them for the summer with her getting them everyother weekend like I would thru the school year, I even told her being that her house is able to afford vacations, that I wouldn't be interested in preventing her from taking them on summer vacations. (why would I?) Her response was "Why should you get all the 'fun' time with them" I asked why she should get the all the time with them she gets now and I don't recall getting a response. (If I did it wasn't memorable) I get my kids 4 days a month. Is that enough for any parent? I KNOW it's not for me.

 

Being a product of this same family court system, I know first hand how it destroys family relationships.

 

I've put in hours upon hours working to gain nothing, well I take that back, I did have cable tv for about a year... I've denied myself healthcare, (except emergencies) and vowed to incur no new debt since the divorce, the only exception is the house and sadly my Grandmother is the one suffering on it that the most,  because I can not legally make enough money in my profession. (Rules by the Department of transportation limit a drivers hours of driving) So basically I have to break the law to not even make ends meet.

 

It has come to the point something has to give. How am I to be motivated to go out and keep working myself to an early grave to gain nothing? I told my ex-wife I was not a weekend father when she was pregnant with my oldest. With the state as her strong arm man, thats exactly what they have made me. Let me be clear, this was not by my choice, I've stood by my kids, and I'm punished for it.

 

The state has ordered me to pay around 300 per month per child. Having dated and talking to women I've seen other instances this seems to be at least double what the state sees fit for other children... I have 2 examples living with me, but their fathers just simply left the state and just change jobs when CSE does get around to garnishing their checks. I've done my best to pick up their slack, but it's extremely difficult with the state handicapping in the names of my own children.

 

When this all started, the state took my ex-wife's figure of my income (36k) vs what my w-2 actually showed (28k) and thats what they've ran with. I have yet to find anyone that can explain why it went this way.

 

The biggest injustice in all this is I'm repeatedly told by the state, CSE and other agencies this is in the best interests of my children. First off who are they to say whats in their best interests? They don't even know my children. I'm dumbfounded by this. I can't understand how taxing their father to below the poverty line is in their best interests. I can't understand how limiting my parenting time to 4 days a month is in their best interests. And now they want to consider throwing me in jail for contempt because I can't pay what they say I should. The money just ain't there. Quit taking what I make so I can support not just my 3 kids but the household I've built. There is zero benefit to anyone putting me in jail.

 

So here we are. My children and I want more time together, and I'm sure they would be happier if this house was not so financially strapped, in their name no less.

 

I'm not delusional. I know I'm not perfect. I was a horrible husband to my ex-wife, I've told her and everyone else as much, but that does not mean I'm a horrible father. I think I've proven otherwise. If my ex-wife and the state wanted to make me out to be a deadbeat because I can't make enough money to cover a debt they conspired on. Nicely done.

 

I have managed to help raise 2 other children (they came with the girlfriend) with the scraps I get left of what paychecks I manage. I refuse to get married again, it just won't happen, I learned the first time around. 1 and done. I'm not out having more children, although I am doing my best to take care of 2 that have been left without their fathers.

 

 

I can not fathom why the state is seemingly pointing a cannon at me, an easy target, who has proven from day one of each of their lives I will not abandon my children. (I almost always call for my kids twice a day.) While others simply leave and make no effort to be in their childrens lives and the state acts helpless.

 

I have been denied being in my childrens lives as much as possible physically, financially, and emotionally, and to add insult to injury I've been told to pay well beyond my means.

 

So whats left?

A physically, emotionally, financially, broken 36 year old father, trying to stand with his family as it is.

 

3 children who want more of a life with their father.

 

Something has to change.

 

I won't even try to speak for the condition of my ex's household affairs. I don't think she's had any hardship at my hands but who knows

hicksvilleshick

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Re: So they are trying to hold me in contempt...
« Reply #1 on: January 30, 2013, 09:19:22 AM »
I forgot to include, CSE sent me the usual review form, I returned it and then they file the charge of contempt. I haven't gotten any word about the review at all since I sent them the information they requested...


Guru

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Re: So they are trying to hold me in contempt...
« Reply #2 on: January 31, 2013, 12:27:32 AM »
Sounds like you need to get educated and get involved.  You can't trust that any attorney or any member of the court system has your best interest in mind.  Quite in fact, they don't have the childrens' best interest in mind either.  This is a case of sticking it to a dad, so we can get Federal funds to pay everyone's salaries.  If you think that's inaccurate, check out Title IV-D cases in KS.

I figure if your kids are 10,11, and 12, and you make $36k, child support would be a tad over $1k.  If you claim those other two kids in your house on your taxes, you are responsible for them, and you may be able to drop your CS to under $800.  Check out the multiple family adjustment.

The system is a revolving door.  The only ways I've ever seen to gain ground is to either hire a spunky and seasoned female attorney and fight for shared custody, or learn how to do it on your own and get shared custody.  I think shared custody should be ordered by default if both parents agree on a school system.  If you live in the same area as your ex, you may want to consider getting shared custody.  Aside from the fact that child support would decrease to $400, your kids would actually have the male role model they NEED!  I can't stress enough that kids NEED fathers!  I think we've created our own problems in the USA.  We can blame all these acts of violence on "crazies," but when you boil it down, these kids never had good fathers (or fathers at all), and were most likely over medicated to try to compensate.

hicksvilleshick

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Re: So they are trying to hold me in contempt...
« Reply #3 on: January 31, 2013, 09:11:57 AM »
they are 9, 11, and 13... I guess I get to look forward to jail...

the first atty was a woman. she abandoned the case to go be an ambulance chaser... trying to get another lawyer to go after another is pointless...

Neverminding the fact they've taxed me to the point I'm just about to lose our utilities (westar in my opinion is as bad if not worse than the family courts) I don't have the funds for another atty.


:(

Cory Ray

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Re: So they are trying to hold me in contempt...
« Reply #4 on: June 30, 2013, 03:02:03 AM »
The very first thing that I want you to know is that there is not one law in any state that says that any parent has to pay child support. Now you may not believe me and that is ok. I would prefer that you verify anything that anyone tells you. Do not believe anything until you verify it for yourself. I am going to tell you why there is no law that says that a parent has to pay child support. They cannot by law, mandate by statute that you pay child support. To do so would be a violation of your Constitutionally protected rights. The U.S. Supreme Court has ruled many many times that being a parent is a fundamental right and that the state may not into into the private realm of the family where a fit parent is found. I suspect that you have never been found to be unfit have you?

I went through this several years ago and I started doing my own legal research. I was taking care of my children just like you and had them for more than half the time just like you but they were still raping me. I had my order vacated for fraud and almost every order given by a judge for child support is fraud and I can prove it. I took all of my research and put it all together in a book that I have just recently released. I give you all of the law that you need, I give you a list of everything that you will need in court and I tell you exactly what books you need to reference to verify the information.

I also give you examples of legal arguments to help show you how to build them and make them stand. Since I was in the exact same position as every other parent in the system, I decided to sell the book for just $10 because I know how financially hard it is when you are under their thumb. So for the cost of eating out for lunch, you will get the real truth. I also point out the fraud in the system itself. It all stems from the Title IV welfare program and it is extremely profitable for every state.

If you have a Kindle and would like the eBook in that format, you can buy the book at Amazon here: http://www.amazon.com/dp/B00DH2B6II

If you would like to read it on your cell phone, laptop, pc or mac you can purchase the book in PDF and ePub format at my website here:
http://theamericansovereign.com

If you get the book and you need some extra help in understanding anything, I am available. I will email you after your purchase as well. Stop being a slave to the state and take back control of your life. You deserve to be happy and so does your son. It's never going to happen until you claim your fundamental right to be his parent.

I look forward to hearing from you and good luck to you.

**Notice** Since I am fully aware that this site is funded by the Kansas child support department, I am putting everyone on notice that I make a full reservation of my rights under U.C.C. 1-308. Any trespassers of my rights will be held accountable in a court of law.

Guru

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Re: So they are trying to hold me in contempt...
« Reply #5 on: July 15, 2013, 11:14:05 PM »
Cory Ray, I'm not sure where you've gotten your information, but this website is most definitely not funded, sponsored by, or affiliated with any kansas child support department of any kind.  This website is completely privately funded and operated.  I think you've been talking to the wrong people and have the wrong idea about why we are here.  We don't work with the state and we don't work against the state.  We simply provide a resource for people to share information.  Please refrain from making such wild remarks about the intent of this site.

mykidzmom

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Re: So they are trying to hold me in contempt...
« Reply #6 on: July 19, 2013, 12:41:29 AM »
While admirable, it does not sit right with me that you went on and on about money and how tight finances are, and then you state you are pretty much taking care of someone else's children in your household. Just does not make sense... I'm a little older than you, and I learned quickly...take care of your own, no matter WHO you fall in love with! I won't even live with someone to avoid this issue. I'm sure your girlfriend living with you helps alleviate your monthly bills, but a roommate would be much cheaper  ;)