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UPDATE - OMG - SOMEONE IS IN TROUBLE AND ITS BM LOL

libby's picture

Well we got a call last night from the Secretary of the Department of Human Services -Even though the Court Order Stated to pay the BM direct - Even though we have a copy of every check - Even though we have a copy of her signature on the back - Even though we have the bank statements showing they cashed - And even though it stated CHILD SUPPORT IN THE MEMO WITH THE CHILDRENS NAME ON IT.

THE STATE WILL NOT COUNT THIS TOWARDS CHILD SUPPORT - WHY YOU MAY ASK - THEY JUDGE DIRECTED DH TO PAY HER DIRECT?

Because her affidavit stating she did not receive these direct payments - is more believable to the state - than an official bank statement, her signature on the back of the check the memo stating the children name and child support.

:jawdrop:

I am a waiting a call from the attorney - I will be filing a motion today! to recalculate arrears, attempt of perjury and fraud, and I want to re-coup all expenses incurred gathering this information including all attorney fees, and all overpayment of support. Reason being

Had she been truthful we would not need to go to court the state would have been able to recalculate all of this by themselves.

We have a very good judge he not only uses common sense but BM is warned repeatably about wasting court resources, and harassment of us. Everytime my DH and his attorney is there he always comments on he wishes every NCP that stands before him was like him!

Oh I am also sending a very detailed message to ACLU

Comments

imagr8tma's picture

It is so ridiculous. The state just doesn't want to admit to them recalculating at the behest of BM and then it turned out to be false and wrong.

You are doing the right thing. Let the judge and the court make the final determination. Then it is in the court order the state has to abide by it.

I wish you the best of luck with that. Hopefully either they make her pay the money back - or credit it to his payments for a while and they come down until the amount is recouped.

********She doesn't have to love me or even like me - it doesn't change a dang thing..... So get over it and move on BM!************

southernshellgirl's picture

You have clear and convincing evidence! That should far outweigh the word of somone who is obviously going to benifit financially BY LYING!

I wish you all the luck in Court, GO GET UM!

Two roads diverged in a yellow wood, and I---
I took the one less traveled by,
and that made all the difference. -Robert Frost-

libby's picture

She is a two time convicted Felon!

My DH nor I haven't even had a speeding ticket...Ok well DH has never received a speeding ticket...I continue to plea the 5th on this one

Sia's picture

but honestly (and I know you dont want to hear this), but technically, she can claim he was just giving her money to be "nice". I have seen this before! Since he didn't "document" it was for support, she can basically lie and get away with it!

Are the checks made out for the EXACT amount written in the order?

See, this is why I favor the government agency handling it. Even though they are a PITA to deal with, their documentation is worth it! Can he request for the gov agency to handle it? We did here in KY and it saved DH's arse many times.

I'm sorry, hopefully you will get a judge that will see through that crap!

libby's picture

It was court ordered to be support paid on the days it was due
in the memo it says CHILD SUPPORT - SD/SS NAME

Thats why the state told us to go through the courts they will clear it all up

libby's picture

Unbelievable isnt it

What ticks me off the most is the time that has been wasted with this woman - has taken the states time to collecting child support from CP that really need it....

When I first divorced 10 years ago - Many a nights I would scrap the scraps from the girls plate to eat my dinner My ex doesnt pay and has no desire to pay. Why waste the time on this say its paid and move to more important cases.

Thats why I want to involve the ACLU - not a huge fan of them but I mean come one - I already had a congressman looking into it and his office is at a loss as to the whole problem. I will just keep moving up and up and up

I WILL NOT LOSE THIS BATTLE OR ANY BATTLE PUT BEFORE ME Smile

Sia's picture

stupid! I mean, seriously! The crap they put people through is ridiculous! Good for you! I went to the mayor of our city over the CSE place over stupid crap they were doing! Needless to say, BM ended up in jail, and they now know us by name! }:)

NotsoHappyNewlywed's picture

The NYS Child Support Enforcement Unit is the WORST in the entire country. My DH has supported his children since they were born. While he was with BM she was on Welfare and the State would make him pay while he was living in the home with his kids!!!! She didn't feel like working so she used welfare as her pocket money while he paid all the bills. I'm sure it was a scam and welfare didn't actually know he was living there but whatever....
We pay a hefty amount of CS as well but we prefer to pay it thru the courts. It's easier. It gets taken straight out of his check by his employer, they send it to the courts, the courts send it to her and when she calls looking for the money DH says "WTF do I know?"
What's funnier is that when we got custody of SS SHE wasn't forced to pay us a dime because supposedly she makes below the minimum wage!!! So we get to pay her for SD who she has custody of and we get nothing for SS who we have custody of.
It's a doggie dog world ladies....

onehappygirl's picture

. . . it makes you wonder if BM was under the desk when that dilhole from the Department of Human Services was making that call to you. Hmmmmm.

Sorry, that was bad, I know.
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