They are making things worse...

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tnradmom
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Location: Tennessee

They are making things worse...

Postby tnradmom » Wed Jun 06, 2007 10:57 am

We just got slapped with a child support summons. Mind you according to everybody involved J will most likely be home by August on a trial home visit. Anyhow... I know as parents we are responsible for meeting J's needs. We do not argue that.

We are already on food stamps and the kids are on Medicaid. It is not an option for me to go to work. We have 2 that would have to be in daycare and one of those 2 is a heart baby. The only place I have found that would take both of them charges $140 a week for the 2 yo with the heart issues and then on discount $110 for the 3yo... So it would be $250 a week.

Anyhow... does anybody know what we can do in the state of TN to keep from losing our house and everything else? We make ends meet right now. If they take anything from us we are done. Plus they are going retroactive to January 3.... Does anybody know anything we can do?

We have a lawyer... and he looking to see about postponing the date because he can't make it to the hearing... but other than that I have no clue what can be done here. As I said, we already get foodstamps.

Marina
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Postby Marina » Wed Jun 06, 2007 4:30 pm

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Go to your state government website and do a search for "child support" and find out how it works. Search for "child support" and "foster care" also.

A person's employment status is one factor in determining child support.

The social worker is supposed to tell the court not to pursue child support if it interferes with reunification. This should be in the foster care manual. If the social worker doesn't do that, then tell the judge that it will interfere with reunification. If that doesn't work, ask to reschedule the hearing.

In one case, a parent had to move about the time the notice came in the mail, so she "didn't get the notice" and didn't show up in court. So the case was rescheduled. If she hadn't shown up for the next court date though, she would have been picked up because not showing up in court is NOT cool.

They agreed to postpone her hearing until after the appeal of her termination of parental rights and also because her lawyer was not there, even though technically they do not have to provide a lawyer for that.

A strategy is to not be employed at the time of the hearing.

If child support is owed, then a person's driver's license can be denied and the car can be siezed. One strategy to avoid that is for the car to have a "mechanic's lien" on it.

My impression is that the court has no mercy on poor people when it comes to child support.

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tnradmom
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Location: Tennessee

Postby tnradmom » Wed Jun 06, 2007 7:06 pm

I haven't been able to find anything other than that TN will enforce child support orders and they will go after the father. I haven't been able to find anything on child support while a child is in foster care.

Social Worker? The DCS case manager? She said that it's not up to her it's between us and the state. There is a major loop hole in our case because J is in therapeutic foster care that is contracted out. They do not follow the same regulations as the typical foster care for the state.

Our summons was delivered by the sheriff's office. It was filed in court May 4th and it was filed the same day we notified DCS that we could not afford the clinical assessments due to our insurance refusing to pay for it. DCS paid for the assessments that we did May 30th. Coincidence? maybe... but I doubt it.

If DH were to quit work we would lose everything so not being employed is not an option.

The child support court date is June 19th. On June 20th is when the court is suppose to set the date of when J comes home. If DCS does as the assessment says then J will be home by August 1. And I know that is a big IF. Plus it will be a trial home visit of at least 60 days.

I will see if we can get the date postponed. Other than that we need to make sure to bring copies of our bills and such Also the letter about us getting the food stamps and medicaid.

And I have the same impression about the court no having mercy on the poor. It should be a crime. We weren't well to do before all of this started, but thanks to CPS adn DCS we are anything but doing decent. We have had to spend close to $10,000 dollars already and J still isn't home. That money was taken directly away from my children. That money has made it to where we eat rice and beans more than most families. That money has kept us from buying the kids new clothes. That money has kept us from being able to allow the kids to be in the school programs that would benefit them.

This is completely and totally ridiculous. We are doing this to help your family? Well you know what.... DCS has done anything but help our family. They have made the behavioral issues that J has worse. They have sent A spiraling from her PTSD. They have made it VERY difficult for me to be able to meet the needs of the 5 children still in our home.

DCS/CPS had better hope I can't find a lawyer that will go after them. Because if I find one that will, they will pay and they will pay big time. They have traumatized my children. All 6 of them. They have stressed both me and my husband beyond measure, let only with all their BS they have stretched my checking book byond what it can cover. Do they care? No.
What the Lord gives you, man can not take away.

Marina
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Postby Marina » Wed Jun 06, 2007 7:55 pm

.

Did you go through these?

http://tennessee.gov/sos/rules/1240/1240-02/1240-02.htm

http://www.tennessee.gov/humanserv/cs/cs_handbook.pdf

Do a general web search for - - -

tennessee juvenile courts child support

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tnradmom
Posts: 72
Joined: Fri Feb 23, 2007 8:40 pm
Location: Tennessee

Postby tnradmom » Thu Jun 07, 2007 4:40 am

Thank you Marina...

I found in the guidelines about the if taking the child support would hinder the reunification could deviate.

Hopefully we can prove it.
What the Lord gives you, man can not take away.


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