Child Support?????

[LonghornIII]

Need some advice about child support. To give some background check out my other post http://www.rosen.com/forum/viewtopic.php?t=14856. My soon to be EX wife has contacted Alexander County Dept. of Social Services about Child Support. I was told I could come In and sign papers on my own or legal action would be taken. First off signing any papers about child support without a lawyer scares me. Never been through this before and I don't know what to do??

I have two children 9 and 15. They stay with me 5 and 6 nights a week. They are only at there moms house during the day before she goes to work, then they come to my house and they are with her all day on the weekends. I take care of them most of the time since we separated. I provide support. I pay for there health Insurance and my EX. I provide transportation because my EX totaled her car. I cover her auto Insurance and I make sure she gets to and from work. At my EX house my 15yr old daughter has been kicked out of her own room and has to stay with my son In his room because she moved her brother In. This past weekend my EX had a man stay overnight In her room with my kids there and partied all night. At my place my kids have there own rooms and I will not have anyone stay overnight or have anyone over at all.

What should I do?? Were do I stand? What should I do when I go see this case worker? Please Help..

[Ryan Short]

If you want to hire a lawyer then you should do so, but there is nothing to lose by supplying the requested information to CSE.

[LonghornIII]

Went to CSE yesterday and after they learned that my children are with me 5 nights a week they dropped the case and closed It. Wife Is now trying to take the kids away from me to force me to have to pay child support. She Is trying to change from 2nd shift to 1st so the kids will not be with me while she Is at work and In the mean time she trying to find a babysitter so I will not have the kids anymore at night and then will have to pay for support. I want my children with me as much as possible. Can she do this? Can she stop me from taking care of them to force CSE to go after me for support? It Is not about our kids when It comes to child support. She wants the money to help take care of her. What can I do?

[LonghornIII]

Can anyone help? I need some answers before I hire a lawyer. Please.......................

[athos]

***NOT AN ATTORNEY***

It's hard to answer without knowing the complete particulars of both your and your ex-wife's situation. For the most part, getting into that much detail in a case would require that you hire a lawyer to focus on your case. (This is why nothing on this has been answered yet.)


What I can tell you is that if you can provide proof that the kids are with you currently sleeping at your house 5 times a week, or if they are spending the majority of their waking hours at your house, you have the better case. Let me say this: "It is all about what you can prove." Document everything you can. If you can get it in an email that the reason she wants the kids is because she doesn't want to pay for child support, good. If you can get it in an email that strange men stay over on a semi regular basis, good. If you can prove that you are the main source of care, transport, feeding, clothing, tending, taking to the doctors, attending PTA meetings, then cool. You've got a much better case than "I'm trying to switch to 1st shift so I can see my kids more."

Courts deal with this kind of BS all the time and commonly can see through it. All you have to do is have the stronger, more tangible proof. Stay calm and try to make sure that the other parent gets plenty of time with the children (you don't want to come off as vindictively withholding the children from their mother), just show that she's not the most stable person to be the main caregiver at this point in time.

If you have to draw up charts, submit emails, have doctors or teachers testify on your behalf, do it. Make it a concise case with a lot of visual impact and don't stray from the main point(s).

JMO. Athos

[LonghornIII]

Thanks for the reply. You answered my questions as well as needed. I just wanted a Idea of what I need to do and you answered that. Thank you again.