From: jsw@cray.com (Jon S. Wood)
Subject: Re: Fight for sole custody or joint
Reply-To: jsw@cray.com
Organization: Cray Research, Inc.
Date: 6 Nov 92 17:10:18 CST

In article 9215@blue.cis.pitt.edu.UUCP, daw+@pitt.edu (Deborah A Wirth) writes:
>
>I'm writting this for my husband, not myself.
>
>In 1982 he had to start paying child support, by way of a wage attachment.   
>He/we live in Pittsburgh, Pa. The order came from Warren Ohio, where she lived.
>The courts set the arrears at $4,529. From 1982 until 1987, every time he  
>would go into court the arrears would change. Btw, he was paying $50 a month
>on the arrears, from 1982 until 1990. The arrears would never go down, for 
>some reason they would either go up a few hundred dollars to a couple of 
>thousands.
>
>In 1987, the mother and child moved to Kissimmee, Flordia. At that time the
>arrears were set at $5,682. It seems like every time she went to court, she
>would tell the court that he owes her xx amount of dollars. Taking her word
>for it, but the whole time they have been divorce, she has been on welfare, 
>that's from 1976 until 2 years ago, the child is now 17yr old.
>
>We don't understand why Flordia is involed in the arrears, because Ohio is 
>owed the arrears, not Flordia. In 1987 we found out that Pittsburgh had been
>sending her the full amount, and not putting any money to the arrears. What 
>we can't find out is how long that was going on. Then in 1988 we got this 
>letter from Kissimmee FL, that he owes $2,647 (the amount went down). In 1989
>the IRS seized our tax returned, I had to file and "Injured Spouse" return to get my portion of our tax return. Then in November of 1989, the state of Flordia
>send a check for the amount seized from our tax return. Wouldn't that make you
>think they are telling you that you don't owe them any money. We never got a 
>full explation as to why they were sending us the money. So we didn't press the
>issue.
>
>We have been in court 3 times this year trying to resolves this problem. Our 
>lastested battle they told my husband he has to prove he has made these 
>payments. We just received a letter from Kissimmee, FL, that he now owes
>$6,574 in arrears. Well, his ex hasn't lived in Flordia since 1990. Flordia 
>now has the arrears owed on our credit report. My husband called them and they
>said it was a mistake. We do have a lawyer who is helping us, but we all know
>how expensive they can be, so if we can do any leg work ourselves, we are going
>to do it. If anyone has any information that could help us, or any ideas, please feel free to email me.
>
>Thanks.
>


 This arrears bullshit happened to me. First, Henn. County MN miscalculated
my payment schedule. Result, one day I'm up to date, the next day I'm a 
dead-beat to the tune of 1100 bucks. A 1000 signals - SHERRIFF, Papers
Served and time. It does NOT require a bleapin lawyer in trivial matters.
I would get counsal. The facts are, your FUCKED.


 The County has no rules. They make em up. The judge presumed what he felt
was reasonable. 

 Your payments are FIRST applied to the amount you OWE that month. Picture
this bullshit now. If you are payed on the 27th, the county doesn't receive
the check until the third or fourth. You're late. Since your PAYMENT that
came OUT OF YOUR  CHECK on the 27th DIDN"T arrive at the communist
headquarters by the last day of the month, that money does not count
against the arrearages. They have rules that do no fit the draconian
illegal garnishment of wages shit THEY came up with. SOOOOOOOOOOOOOO, 
that money NOT ONLY didn't get counted towards your ORDER, it didn't 
even get your arrearages. Are you beginning to see the picture. In
my case, the bastards didn't claim interest. WHY? I threatened with
a lawsuit. They could have? Why? The bastards play by rules THEY MAKE
up as they go along!! 
I was divorced at the end of the month. I had a cheap 1000 dollar attorney.
HE didn't check to see WHEN my child support orders were to take affect.
Common sense says at the time of the divorce. GUESS WHAT PEASANTS, the
county bastards have their OWN rules. I owed money from the month before
and the days leading up to my divorce. I had already had a check 
garnished for child support (my check after child support for 15 days
wages was 276.34) on the 29th of January and I received a letter from 
the county the following tuesday claiming I was 900 dollars in arrears.
Get this. I received a paycheck on the 15th that wasn't garnished yet
and I was divorced on the 8th. But not 24 days have passed, I made a 
half a months child support payment and the very first thing I get
from HCCS is a 900 arrearages note. 
 My company miscalculated my order. I was payed 24 times a year, NOT 26 as
the person ASSUMED in the payroll dept. My arrearages grew. Actually, the
amount garnished per pay period didn't even add up to the 26 pay periods.
I have no fuckin' idea where the figure came but it was closer to the 
26 pay schedule. I wrote letters, I called. HCCS ignored me. Well, as
time went by, I finally broke the 1000 dollar barriar and received a 
letter saying you have 5 days (actually, by the time Cliff delivered
the letter I had only 2 days to reply in order to contest. To contest, 
you must file in court. 1 grand taint worth a lawyer as I thought at
the time. I drove to Mpls to find out that you need forms and the 
people at the desk WON"T help you with a special form (Office supply
co. down the street charges .85 for the affidavits, Motions, etc.) 
I missed the deadline and really was furious (how could you tell) frustrated
and completely heartbroken. You see the system is bad and benefits only
children (pardon the sarcasm) LAWYERS.
So I learned about forms.......
Example below. This form was used by me and was PERFECTLY acceptable by
the judge ...



STATE OF MINNESOTA                                  DISTRICT COURT

COUNTY OF HENNEPIN                        FOURTH JUDICIAL DISTRICT
                                             FAMILY COURT DIVISION

-------------------------------

In Re the Marriage of:

PLACE EX WIFES NAME HERE OR
HENNEPIN COUNTY COLLECTION SERVICES
or whoever,
              Petitioner,
                                          RESPONSIVE AFFIDAVIT 
                                          OF RESPONDENT  
and                                       Court file No. DC 144 101

Jon Steven Wood, 
              Respondent.

-------------------------------


To: XXXXXXXXXX, above-named Petitioner:
*************************************************************************END

I have ALL the forms now. I'm ready. Go to your nearest LAW library and 
steal a copy of your states Civil Procedures and follow what the Petitioner
does. It works for me. This is where I found out the rule about serving
you papers in a timely manner. 

Henn. Co. Collection Services HANGS on to YOUR SUPPORT DOE until the end of
the month. What they collect is first applied to your current obligation. 
Additional money (additional judgments) is then applied to arrearages. 
You sound like your paying interest. You sound like your in a real mess.
Mine wasn't nearly as complicated and to this day, the ol' stupid SOB of
a judge still doesn't comprehend it I bet. At least he admitted it. 


 By the time my case got to a final resolution (3 took place), the judge
said that I had already OVERPAID because of the additional garnishment (45%)
of NET income) there would be no point in listening to the case. 

NEXT!!!!

   It was fun in a strange way. Not at the time, but I learned something.
I learned that if you want to make mucho moola, be a divorce lawyer with
a message machine. EASY STREET. 

 I'm thinking of opening a SELF HELP LAW  FIRM for NCPs. 

 I'm not an attorney, but there is just too much money going to lawyers
when I could HELP them, not reresent them, HELP them get through the 
legal system. 

    Long time ago now, I was sitting on the bench outside of the 'filing
desk' on the 12th floor of Henn. Co. Gov. Center with my head down and 
the tears wellin' in my eyes. A concerned guy came over to me and told
me everything about me, my situation and my frustration yet we never met
or seen each other before. He was filing briefs himself to do the impossible,
to reverse the custody order. He told me that he sees hundreds of men
like me in that corridor every day. He left me a number. He says he 
files for men illegally. You see, the system is fucking men over every
second, it's fucking children over too. He illegally will HELP men
to it on their own. He's been arrested before and he is very careful. 
The beauty of it was, he was concerned about me and new where I was
coming from and where I was heading. Since the 1987 Mn family law
changes, men are passing through the corridor by the thousands. 

 Time is on my side.

Jon
 


  

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