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mig214
Posts: 10
Joined: Fri Oct 26, 2007 8:49 am
Location: Nevada
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New to site

Postby mig214 » Sun Oct 28, 2007 5:22 pm

First of all I want to say THANK YOU to whomever started this site.
I just wish I had something like this when my children first were
taken by Missouri CPS. I might have been able to raise them. As it
is they were raised in the system. To make a long story short my ex got custody ( due to a choice I made. I chose to feed and house my children instead of flying back and forth to court) so I lost custody. Anyway, he lost custody to the missouri cps. I had no where to turn or any one to turn to. CPS never tried to get hold of me, so if there was any court dates I wouldnt have had any idea. Now my children are grown ( all memories I should have had I dont). I once again find myself fighting with missouri about back child support ( they wouldnt let me see the children and didnt know where they were) so I refused to pay. Now they are after my disability check for the back support. They already stole my children, my memories ( that I can never get back), the bond we should have had. Older and wiser now ~ They (cps) are in for a fight they wont soon forget. Does anyone know of an attorney with gonads enough to take this fight on? I live in NV but I have no problem living in my car in front of the cps office in Jefferson City, MO if that is what it takes. Any help is APPRECIATED
mig214

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Frustrated
Posts: 3916
Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
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Postby Frustrated » Sun Oct 28, 2007 5:52 pm

I know but am not sure 100% though, but they cannot touch your disability cheque because that is protected guarantee cheque. That's what I have been told, that they cannot garnish disability cheques because it is protected. I am not sure about your State, but here in Canada, the Disability cheques here are guarantee protected 100% and cannot be touched. Not even a Child Support Collector can come and garnish, they can't. The Garnishment only works if some one is working, or on Worker's Compensation or other incomes and other assets. But they cannot touch Disability Cheques. I am not sure about Soldier's Cheques though but always have wondered.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

debbiescalese
Posts: 460
Joined: Thu Jun 28, 2007 4:55 am
Location: WV

Postby debbiescalese » Mon Oct 29, 2007 4:30 am

I'm not 100% sure but I heard about a guy years ago who lived around here and owed back child support they got his disability check and attached it for something like 1/3 of it for back child support. I also know if I don't pay my student loans they can take it out of my widdows pension which is a gov social security check. So in the US if you owe they can take it out of social security checks. On the other hand if you were never notified, or looked for to raise your children you can put up one hell of a fight. They should if they felt they were "owed" money from you have been taking your tax returns for years. Not just be coming after you now. They didn't follow a process somewhere.

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katgotsteve
Posts: 219
Joined: Thu Dec 21, 2006 10:47 am
Location: Georgia

Postby katgotsteve » Mon Oct 29, 2007 10:06 am

i am not sure how to stop it, but they can garnish any government check. i was in court one time and there was this man, his kids were all grown, i mean in thier 30's and 40's and they took him back for child support, the judge ordered it taken out of social security check. it was just sad, they did not take much and i can honestly say the judge even hated to go back for something that old.

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Frustrated
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Location: Canada
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Postby Frustrated » Mon Oct 29, 2007 1:48 pm

Yes they can garnish tax income refunds and other taxes that you will receive from the government, they will garnish. However, I am not sure about disability but I was told by my Lawyer that they can't garnish my ex husbands' disability cheque because it is protected. but I am guessing you could get the Judge to court order the garnishment. That would be one way to do it. But they have garnished many tax refunds, worker's comp and other workable incomes from parents that did not pay child support for years.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

Momoffor
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Joined: Mon Feb 28, 2005 11:17 pm

Re: New to site

Postby Momoffor » Mon Oct 29, 2007 9:55 pm

mig214 wrote:Now they are after my disability check for the back support. They already stole my children, my memories


There has GOT to be a way to claim indigent to at least get the amounts reduced. If asshole deadbeat dads can get their child support reduced to obsurd amounts like $50 a month (have seen this happen) because they are 'down on their luck' there should be a way to challenge this as well.

There was someone on the boards that challenged the child support to the state and won. I could be wrong but I believe it was Greggor.

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Frustrated
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Joined: Fri Aug 26, 2005 11:15 am
Location: Canada
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Postby Frustrated » Tue Oct 30, 2007 2:04 pm

Many Child Support Guidelines are geared to income, amount that you make. I do believe BUT I am not sure, that you are only allowed to give (pay Child support) in the 40% range. Again, you would have to look up the Child Support Guidelines that would match up with people's income. I am not sure but this is posted on the Child Support Collectors Website but I could be wrong. Here in Canada, it is called Family Responsibility Office (FRO) where they collect Child Support from Deadbeats. I think it varies of the name called Resitution Office elsewhere. But they have those Guidelines but they would have to follow a Court Order from the Judge as well. They cannot change per the person's requests. It has to go by new Court Order to have it revised and sent to the FRO office in order to collect.

To make the person pay ridiculous high amounts and he or she cannot afford would have to go back to Court to revise to adjust the amount using the Child Support Guidelines according to because the person's income has dropped. I think that would be the only way to which is to go back to Court again to revise Child Support Payments.
It is easy to steal from poor people. But don't do it. And don't take advantage of those poor people in court. The Lord is on their side. He supports them and he will take things away from any person that takes from them.~ Proverbs 22:22

Momoffor
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Posts: 1307
Joined: Mon Feb 28, 2005 11:17 pm

Re: New to site

Postby Momoffor » Tue Oct 30, 2007 9:33 pm

mig214 wrote: To make a long story short my ex got custody ( due to a choice I made. I chose to feed and house my children instead of flying back and forth to court) so I lost custody.


I reread your post and something confusses me. When you lost custody were you paying child support to your ex?

Even after the children were taken were you still paying him child support?

If so, its him they should have gone after since he was the custodial parent. And since he was the one you were sending support to.

How long ago was this?


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