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Heather MC

(8,084 posts)
Sat Jan 4, 2014, 10:00 PM Jan 2014

Man Over pays Child Support, And visits his son too much, Sentenced to 180 Days in Jail

This is the most F-up situation on the planet.

The Child Support System is a Joke
this is Wrong

Sorry the link is a Foz affliate
http://www.myfoxhouston.com/story/24359680/2014/01/03/father-pays-outstanding-child-support-still-gets-jail-time
&cfs=1&u

"I discovered for some reason his employer was withholding a large amount some weeks a small amount some weeks a zero amount some weeks," says Hall's attorney Tyesha Elam.

"I didn't want to go to jail basically," Hall says.

So Hall quickly paid almost 3 grand in back child support.

When Hall and his ex were in Judge Lisa Millard's court last November he owed nothing.

"Opposing counsel testified twice that he's all paid up," says Elam.

But the attorney representing the child's mother wanted Hall to pay her three grand in attorney fees and Judge Millard agreed.

Court documents also reveal Hall wasn't following the court's scheduled times to pick his son up for visitation.

Another modification Hall says he knew nothing about.

"The Judge ended up sentencing him to 6 months in jail." Elam says.

"When she said I remand you to the Harris County Jail for 180 days my mouth just dropped," says Hall.

"This entire situation is shocking to me," says community activist Quanell X. "I've never seen one like this."

Quanell X wants the state's judicial board to investigate.

"The court failed the child," he says. "The court failed Mr. Hall the system broke down."

"I'm like he couldn't have gotten a worse result," Elam says. "He could have gone in there with a monkey and gotten a better result. What did I do that my client has over paid over visited and is now paying 3 thousand dollars in attorney fees and is going to jail for 6 months."



Read more: http://www.myfoxhouston.com/story/24359680/2014/01/03/father-pays-outstanding-child-support-still-gets-jail-time#ixzz2pU9VHsE9

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Man Over pays Child Support, And visits his son too much, Sentenced to 180 Days in Jail (Original Post) Heather MC Jan 2014 OP
Fox. Squinch Jan 2014 #1
I have never understood why two people that claimed to have loved each other dearly bluestate10 Jan 2014 #2
Before I was divorced, I felt the same way you do. GreenEyedLefty Jan 2014 #4
Divorce is an industry. mn9driver Jan 2014 #9
Oh so we should work for free? WolverineDG Jan 2014 #19
If you're a "family law" attorney, maybe you should. mn9driver Jan 2014 #25
Do you work for free? Or are you upset you had to pay for the problems you helped create? last1standing Jan 2014 #32
There are plenty of them.. sendero Jan 2014 #156
Yes there are a few & we know who they are (talking in terms of local bars) WolverineDG Jan 2014 #192
LOL. Anything to keep from having to take responsibility for your own problems. last1standing Jan 2014 #228
Nobody said anything. sendero Jan 2014 #241
Actually, the post I responded to said exactly that. last1standing Jan 2014 #242
Agreeing with part of what someone said.. sendero Jan 2014 #243
"Nobody said anything about anyone giving anything away." Isn't that what you wrote? last1standing Jan 2014 #244
Tsk, tsk... Changing your post after reading mine. Pathetic and sad. last1standing Jan 2014 #246
That's a seriously unfair comment for what sounds like a personal grudge jtuck004 Jan 2014 #35
Wow... we used a "family law" attorney when my husband adopted our daughter... ScreamingMeemie Jan 2014 #39
What's your job? Do you want to work for free? nt. Hosnon Jan 2014 #65
You know most family law attorneys would be happy just to charge a flat fee WolverineDG Jan 2014 #191
Agreed and they think they should not have to pay for your time! treestar Jan 2014 #195
We all get it. You hate your clients and you think they're garbage. Darkhawk32 Jan 2014 #208
It only takes one party to make a big payday for both attorneys. mn9driver Jan 2014 #221
Your divorce cost $200,000 in legal fees? Sheldon Cooper Jan 2014 #223
Yes. mn9driver Jan 2014 #225
That's pretty much how all law civil law works Major Nikon Jan 2014 #250
$120/hr Capt13 Jan 2014 #44
Yup, my lawyer did the same to me, charged me full hours when split his actual time with several .. Darkhawk32 Jan 2014 #108
How do you know what he charged all 6 clients? newcriminal Jan 2014 #119
He charged but did you pay? treestar Jan 2014 #197
Fraudulent billing is standard & customary practice in the legal profession. Egalitarian Thug Jan 2014 #133
Bullshit. newcriminal Jan 2014 #144
Which has nothing at all to do with the point made. Want to try again? n/t Egalitarian Thug Jan 2014 #169
Whether I misunderstood or not doesn't make your post correct. newcriminal Jan 2014 #170
LOL! You are either a complete legal novice, or you are a lawyer. Egalitarian Thug Jan 2014 #176
I had my lawyer call me, keep me on the phone for an hour and sent me a bill for $200. Darkhawk32 Jan 2014 #152
Was he talking about the weather or your case? newcriminal Jan 2014 #158
Wow, you can just keep calling your clients and racking up the bills, Darkhawk32 Jan 2014 #161
What a scam? newcriminal Jan 2014 #165
Yes, they could be "working". No way to verify anything really. Just "trust me". Darkhawk32 Jan 2014 #172
Even better, you can simply claim to have been thinking about a case and bill it. Egalitarian Thug Jan 2014 #171
Agreed. Over-inflated, egotistical bunch of sociopaths. Darkhawk32 Jan 2014 #173
So represent yourself. treestar Jan 2014 #205
Perhaps you need a different line of work, since you hate your clients. Darkhawk32 Jan 2014 #206
I don't; they don't mind paying me. treestar Jan 2014 #207
So in order to "play the game" you feel I must subject myself to fraudulent billing? Darkhawk32 Jan 2014 #209
I guess. In your dark world you have two choices treestar Jan 2014 #210
Yes, those are the two options left to many people. Darkhawk32 Jan 2014 #213
What do you propose? treestar Jan 2014 #216
I don't believe that. treestar Jan 2014 #198
I think lawyers charge exorbitant fees. Not that they have to work for free. Darkhawk32 Jan 2014 #109
No, you should work for a better world. Egalitarian Thug Jan 2014 #132
Lawyers whining about getting paid? 99Forever Jan 2014 #180
Maybe you shouldn't be paid either treestar Jan 2014 #200
How about you stop making unnecessary work that you get paid for? krispos42 Jan 2014 #181
If you know what work is necessary treestar Jan 2014 #214
Which only works... krispos42 Jan 2014 #232
That's admitting lawyers much know something? treestar Jan 2014 #233
All layers should be paid for by the state. ZombieHorde Jan 2014 #236
EVERYTHING is set up so lawyers make money.... Bennyboy Jan 2014 #66
You're delusional. newcriminal Jan 2014 #76
The client who expects the moon handed to them on a silver platter treestar Jan 2014 #199
Jonathan Swift writes about "The Law" (such as it is) -- Nuclear Unicorn Jan 2014 #219
Why shouldn't an attorney be paid in this case? nt msanthrope Jan 2014 #227
I have a dipshit ex son in law.... awoke_in_2003 Jan 2014 #11
I don't get it, either. Warpy Jan 2014 #131
It's what happens after. krispos42 Jan 2014 #185
Absolutely. treestar Jan 2014 #194
I've watched many members of my families do this. Shoulders of Giants Jan 2014 #211
Where does it say that he "overpays his child support and visits his son too much"? Sheldon Cooper Jan 2014 #3
The Lawyer said it. Gore1FL Jan 2014 #12
But that doesn't really prove anything. Sheldon Cooper Jan 2014 #13
That's fair. I never claimed otherwise. Gore1FL Jan 2014 #15
Thanks. Sheldon Cooper Jan 2014 #17
What? Ralph Scott Jan 2014 #136
Are you talking to me? Sheldon Cooper Jan 2014 #139
He paid very erratically, according to the article. Other than that quote, pnwmom Jan 2014 #135
I just answered the question: Gore1FL Jan 2014 #179
Something very similar happened to my husband Le Taz Hot Jan 2014 #5
I had to bail his ass out of jail. yeoman6987 Jan 2014 #28
Definitely one of those Le Taz Hot Jan 2014 #34
I used to work with somebody who couldn't get the State of California off his back Sen. Walter Sobchak Jan 2014 #31
The problem with California's system Le Taz Hot Jan 2014 #37
God you're telling me. ScreamingMeemie Jan 2014 #42
I'm going through the same thing... Darkhawk32 Jan 2014 #95
Look out, some here might think you're being disrespectful for women Darkhawk32 Jan 2014 #92
I have been a member of the DU "racist hetero patriarchy" for some time Sen. Walter Sobchak Jan 2014 #98
Just wish there was help for me in Missouri. Darkhawk32 Jan 2014 #103
As a divorced dad it's my experience that child "support" systems often start with the assumption villager Jan 2014 #36
Now, now, I've just been told Le Taz Hot Jan 2014 #226
There are always available apologists for every system's excess... villager Jan 2014 #235
Yes, it's severely scary for fathers out there. The system is just itching to screw them! Darkhawk32 Jan 2014 #50
Actually, non-custodial parents of either gender. For a time my ex had custody of my child GreenEyedLefty Jan 2014 #142
But the vast majority of NCP's are men. Darkhawk32 Jan 2014 #147
That statistic is changing... GreenEyedLefty Jan 2014 #157
I certainly hope you're right. Right now, the system just hurts kids, Darkhawk32 Jan 2014 #162
Child support cannot be increased without a hearing treestar Jan 2014 #201
Apparently there was a hearing of which he was not notified. Le Taz Hot Jan 2014 #212
They must have had "proof of service" in the file treestar Jan 2014 #215
You can argue all day long that the system is just, logical and legal, Le Taz Hot Jan 2014 #217
I at least have court rules and statutes to back me up treestar Jan 2014 #218
Whatever, dude. Le Taz Hot Jan 2014 #222
Wow that's determined to be unobjective to a great length treestar Jan 2014 #224
He didn't overpay. He paid the $3000 that owed but probably Luminous Animal Jan 2014 #6
That's ridiculous if they're going to change terms he needs to be notified Arcanetrance Jan 2014 #7
"Judge Millard tells Fox 26 after she found Hall in contempt he walked out of the courtroom" Gravitycollapse Jan 2014 #8
That was very stupid on his part you should never lose your cool in court Arcanetrance Jan 2014 #10
Is 180 days normal for contempt? Bradical79 Jan 2014 #178
If he had the money to pay his arrears and he's such a responsible father LeftyMom Jan 2014 #14
I agree. Sheldon Cooper Jan 2014 #16
Because his employer wasn't withholding from his wages properly WolverineDG Jan 2014 #20
Yes, but he gets paystubs and he knows that he has a child support obligation. LeftyMom Jan 2014 #22
Read the story again 1000words Jan 2014 #23
That's actually not always the best thing to do. Ms. Toad Jan 2014 #26
My ex was making payments into the Ohio system and had to do exactly that. LeftyMom Jan 2014 #38
I know fathers who have overpaid Ms. Toad Jan 2014 #48
I have a friend at work that overpaid by around $6000 because of HER not reporting income! Darkhawk32 Jan 2014 #51
Generally you have to go back to court Ms. Toad Jan 2014 #125
He did. The judge told him tough shit. Darkhawk32 Jan 2014 #148
My point is that it is not self-adjusting. Ms. Toad Jan 2014 #166
Yes, but if the change was not made previously because of the receiving parent's fraud, Darkhawk32 Jan 2014 #174
He did. The judge told him tough shit. Darkhawk32 Jan 2014 #148
Oh no, I meant to send the check to the CSPA (or local equivalent) NOT to the custodial parent. LeftyMom Jan 2014 #55
The problem with that is Ms. Toad Jan 2014 #126
yes but in Texas, the employer's order goes to the employer WolverineDG Jan 2014 #89
Also, if he was showing up fore visits (unscheduled) when he shouldn't be that is an issue itself. boston bean Jan 2014 #123
And any story about the system ought to be taken with a grain of salt treestar Jan 2014 #204
I would like to see the orders WolverineDG Jan 2014 #18
What bothers me is that he is being threatened with jail. Throw him in jail and it ruins madinmaryland Jan 2014 #27
If you listent to the video - Ms. Toad Jan 2014 #29
In my husband's custody, visitation & support orders in two states Mariana Jan 2014 #168
Just because pipi_k Jan 2014 #21
There is one error in your knowledge of the child support orders, Curmudgeoness Jan 2014 #43
I personally don't mind the payroll deduction. It ensures I know it is paid and that there are ... Darkhawk32 Jan 2014 #49
That is very true. islanderjen Jan 2014 #254
It is interesting that the military does not garnish Curmudgeoness Jan 2014 #255
Nothing in the article, Ms. Toad Jan 2014 #24
By any chance is the child support system in Texas privatized? tartan2 Jan 2014 #30
No nt WolverineDG Jan 2014 #94
This exposes the fact that in the family court system, men are treated like garbage. Darkhawk32 Jan 2014 #33
The feeling you get as a dad in the system is that "all are guilty," axiomatically villager Jan 2014 #40
I was told by a judge, IN COURT, to my face... Darkhawk32 Jan 2014 #67
Anybody want to tell me again that DU isn't infested with MRAs? LeftyMom Jan 2014 #41
Do you feel threatened by the notion of a man wanting equal rights to his children and... Darkhawk32 Jan 2014 #46
I was raised by a single father. Don't make assuptions. LeftyMom Jan 2014 #52
Did he have to deal with a family court as far as for joint/shared custody? Darkhawk32 Jan 2014 #56
Yes. LeftyMom Jan 2014 #59
So your mom was a deadbeat mom (lacking a better word for right now)? Darkhawk32 Jan 2014 #62
Yeah. Drug problem. LeftyMom Jan 2014 #68
It can, but doesn't do it equally. Darkhawk32 Jan 2014 #69
And to view that notion as an infestation makes you just as bad as ... Darkhawk32 Jan 2014 #47
Men who disrespect women aren't worthy of my respect. LeftyMom Jan 2014 #53
Oh no, you don't get to play that tired canard with me. Darkhawk32 Jan 2014 #58
Reread your post! You accused women of driving men away and exploiting them for money. LeftyMom Jan 2014 #60
BECAUSE SOME WOMEN DO THAT! AND USE THE SYSTEM TO DO IT! Darkhawk32 Jan 2014 #63
"It lends itself"... meaning it can lead to or facilitate. Darkhawk32 Jan 2014 #64
I'm sorry, but that's just stupid. The math doesn't work. LeftyMom Jan 2014 #73
If you truly believe that, you haven't been paying attention. Darkhawk32 Jan 2014 #78
I work full-time and pay 25% of my NET income in child support. Darkhawk32 Jan 2014 #79
If she's on welfare, she's not getting a dime of your child support kdmorris Jan 2014 #140
No, I truly believe that because I can do basic math. LeftyMom Jan 2014 #82
Mine fell... hers went up and she doesn't even have to work for it. Darkhawk32 Jan 2014 #83
You said she's on welfare. They don't give that out to people who are living well. LeftyMom Jan 2014 #88
She barely works, she gets $500+ a month on food stamps, my money, tax money (yes EIC included), Darkhawk32 Jan 2014 #97
No, she doesn't get those things. Your kids do. LeftyMom Jan 2014 #102
You need them 6 months and legally it's 6 months. Darkhawk32 Jan 2014 #104
Your kids are on welfare. LeftyMom Jan 2014 #107
I'm NOT on welfare Darkhawk32 Jan 2014 #111
Nobody said you were. LeftyMom Jan 2014 #112
Sorry, it's late and I had to re-read. Darkhawk32 Jan 2014 #113
Her not doing well is her CHOICE. She knows she doesn't HAVE to work because ... Darkhawk32 Jan 2014 #115
EIC: Not quite for divorced parents Ms. Toad Jan 2014 #128
By that measure he's supposed to claim them. LeftyMom Jan 2014 #129
Should have read the rest of the thread before I posted above kdmorris Jan 2014 #141
I've reported her for welfare fraud, but they don't investigate. Darkhawk32 Jan 2014 #145
I am not disputing that many men get treated unfairly kdmorris Jan 2014 #155
Yes, I'm bitter about the child custody. I've already admitted that. Darkhawk32 Jan 2014 #160
I get that you are frustrated kdmorris Jan 2014 #164
I know everybody has stories. We should all be working for a system that doesn't create these Darkhawk32 Jan 2014 #175
I think we already did agree on that kdmorris Jan 2014 #177
Because she gets to claim them because the judge says she gets to claim them. Darkhawk32 Jan 2014 #151
Most domestic court systems heavily favor the mother. Hosnon Jan 2014 #72
Exactly. Men fighting that system in order to become an equal parent under the law shows... Darkhawk32 Jan 2014 #77
When it really comes down to it. A lot of mothers (not all) really don't want the fathers around. Darkhawk32 Jan 2014 #80
So the experiences we have as fathers of being treated a certain way by the system... villager Jan 2014 #81
Oh noes the MRA Union Scribe Jan 2014 #120
Unbelievable 1000words Jan 2014 #127
That's just not true. newcriminal Jan 2014 #45
And you know this how? Darkhawk32 Jan 2014 #54
My husband is a family court lawyer and I work with him. newcriminal Jan 2014 #57
So he's part of the system. If he doesn't see there's a bias, then he's lying. Darkhawk32 Jan 2014 #61
That's bullshit. newcriminal Jan 2014 #70
Not nearly as many women as men... not even close. Darkhawk32 Jan 2014 #71
Cite your data. AtheistCrusader Jan 2014 #87
When joint custody is not the default arrangement, the system will always favor women Major Nikon Jan 2014 #93
I don't believe that. newcriminal Jan 2014 #105
So a man that did the right thing and supported his family BEFORE the divorce, Darkhawk32 Jan 2014 #106
No, I didn't. newcriminal Jan 2014 #110
So you're saying that men who worked before the divorce aren't equal parents Darkhawk32 Jan 2014 #114
First, you've assumed that the father just isn't normally capable of being an equal parent Darkhawk32 Jan 2014 #116
You obviously have had a bad experience with your custody battle and newcriminal Jan 2014 #117
I didn't misquote you at all. If the father worked, the mother should have the upper hand. Darkhawk32 Jan 2014 #118
Again I never said if the Father works the Mother should have the upper hand. newcriminal Jan 2014 #121
Both can be and often are primary care givers Major Nikon Jan 2014 #124
Here, here. Darkhawk32 Jan 2014 #150
Joint physical should not be the default because it does not adequately address the needs of the msanthrope Jan 2014 #183
Default does not mean all other considerations are tossed into the wind Major Nikon Jan 2014 #188
But when you change the default, you but an unreasonable burden on the primary caregiver, msanthrope Jan 2014 #189
You didn't describe why it's unreasonable Major Nikon Jan 2014 #190
First, a default that does not take into account the well-being of the child is patently msanthrope Jan 2014 #202
Custodial orders don't even happen unless the parents can't work them out on their own Major Nikon Jan 2014 #220
I think you haven't read the law you are touting. And if you have read it, you haven't msanthrope Jan 2014 #229
Do you actually think that isn't happening now? Major Nikon Jan 2014 #230
Equal parenting is not always in the best interests of the child. Sorry....but it's not. You are msanthrope Jan 2014 #234
Anecdotal evidence is shit and you either already know it or should know it Major Nikon Jan 2014 #237
I didn't give you anecdotal evidence. I gave you valid hypos which underscore the bad law you tout. msanthrope Jan 2014 #238
Which is even worse than anecdotal evidence Major Nikon Jan 2014 #239
You are the one advocating for a change in law, it is you who must provide proof that msanthrope Jan 2014 #240
How progressive of you Major Nikon Jan 2014 #245
You are using a 20-year old study to justify precisely, what? What I am not understanding msanthrope Jan 2014 #247
Ad hominem, really? Major Nikon Jan 2014 #248
I'm not disagreeing with you that shared parenting is a good thing when it is in the best interests msanthrope Jan 2014 #249
For most (if not all) jurisdictions, shared custody is not the default Major Nikon Jan 2014 #251
+1 GreenEyedLefty Jan 2014 #159
That is a false equivalence. Darkhawk32 Jan 2014 #163
Please explain what you mean GreenEyedLefty Jan 2014 #167
It's true, the laws are written to be equal, but those same laws don't Darkhawk32 Jan 2014 #184
Or, I might add... justly. n/t GreenEyedLefty Jan 2014 #196
Right. Judges don't have to justify any decision they make. n/t Darkhawk32 Jan 2014 #203
Anecdote. AtheistCrusader Jan 2014 #85
I'm not talking about deadbeat parents, I'm talking about the GOOD ONES. Darkhawk32 Jan 2014 #99
With no data in hand to quantify what 'good one' means even. AtheistCrusader Jan 2014 #100
The ones that want to participate in their child's life. The ones that don't mind paying a Darkhawk32 Jan 2014 #101
Exactly. AtheistCrusader Jan 2014 #122
Not really. Why should we believe this Faux article, pnwmom Jan 2014 #138
I for one believe that Bush was busted for drunk driving. Jim Lane Jan 2014 #253
The Only Scam erpowers Jan 2014 #146
Not just men, non-custodial parents in general. GreenEyedLefty Jan 2014 #154
I think it's the American system. defacto7 Jan 2014 #74
Sadly, some of you missed the point ecstatic Jan 2014 #75
Thanks for introducing some rational thought 1000words Jan 2014 #84
Yeah, he's highly likely to lose his job over this. AtheistCrusader Jan 2014 #90
I would have told that stupid judge, who in the B Calm Jan 2014 #86
Why did I know it was in Texas before I even clicked the link. TxDemChem Jan 2014 #91
Because it clearly says Houston in the post including the link. n/t tammywammy Jan 2014 #96
I guess it shows up differently on my phone. TxDemChem Jan 2014 #134
I hope he's appealing Warpy Jan 2014 #130
It says he walked out of court after she found him in contempt, pnwmom Jan 2014 #137
He'll lose. He admits there was an arrearage and he is responsible for that. Further msanthrope Jan 2014 #186
I was all prepared to have sympathy for this guy kdmorris Jan 2014 #143
Carefully reading between the lines, this person was screwing around with the support and msanthrope Jan 2014 #187
Lots of judicial discretion in family law cases. Laelth Jan 2014 #153
The article is obviously only part of the story cthulu2016 Jan 2014 #182
Why does an entire system have to be a joke due to one failure? treestar Jan 2014 #193
What a bunch of malarkey! Nine Jan 2014 #231
Support Calista241 Jan 2014 #252

bluestate10

(10,942 posts)
2. I have never understood why two people that claimed to have loved each other dearly
Sat Jan 4, 2014, 10:18 PM
Jan 2014

at one time do everything they can to destroy each other after a divorce. I realize that some stuff happens in marriages to cause people to loath each other. But when children are involved, concern should be for the kid's best interest. The man in this case will likely loose his job if he goes to jail for 6 months and may not be able to find another job, that will make child support payment even harder.

GreenEyedLefty

(2,073 posts)
4. Before I was divorced, I felt the same way you do.
Sat Jan 4, 2014, 10:23 PM
Jan 2014

After my divorce, it was crystal clear.

It's not so much the people, but the system that sets up one side as a winner, and the other side as a loser. It sets up children not as human beings, but prizes to be won or lost.

mn9driver

(4,425 posts)
9. Divorce is an industry.
Sat Jan 4, 2014, 10:46 PM
Jan 2014

It is a highly profitable business for the attorneys, mediators, appraisers and all others involved in it. When one or both parties fails to recognize this, no amount of good intentions matters even one bit.

You'll notice that the opposing attorney made sure they were going to get paid, big time, even though the matter was already settled. This is how it works. Family court is set up to make sure the lawyers make money.

The "best interest of the child" has very little to do with it. Attorneys and hangers-on making money is what it's all about.

mn9driver

(4,425 posts)
25. If you're a "family law" attorney, maybe you should.
Sat Jan 4, 2014, 11:34 PM
Jan 2014

Except of course there's lots of joint savings and 401k's to loot first.

last1standing

(11,709 posts)
32. Do you work for free? Or are you upset you had to pay for the problems you helped create?
Sat Jan 4, 2014, 11:49 PM
Jan 2014

Divorce attorneys have a very hard job in representing their clients. The lawyers don't cause divorces but you want them to give their services away to those who do. If you wanted to protect your money so badly, perhaps you shouldn't have put yourself in the position where you had to part with some of it to begin with.

Unless you've never been involved in a divorce, in which case you're merely talking out of your ass.

sendero

(28,552 posts)
156. There are plenty of them..
Sun Jan 5, 2014, 10:15 AM
Jan 2014

... that do their level best to keep tensions high and keep the fracas alive. If you haven't ever seen that then I doubt you are actually a family law attorney.

WolverineDG

(22,298 posts)
192. Yes there are a few & we know who they are (talking in terms of local bars)
Sun Jan 5, 2014, 12:37 PM
Jan 2014

but by & large most family law attorneys just want to make it to the end of the case in peace. But clients want high emotional drama & games, so guess what happens?

last1standing

(11,709 posts)
228. LOL. Anything to keep from having to take responsibility for your own problems.
Sun Jan 5, 2014, 02:22 PM
Jan 2014

Of course there are a few bad attorneys, just like there are a few bad apples in any profession. Does that mean all divorce attorneys should be obligated to give away their services to those who haven't been able to make their marriages work?

Also, I never said I was a family law attorney so you can doubt it all you like.

sendero

(28,552 posts)
241. Nobody said anything.
Sun Jan 5, 2014, 05:44 PM
Jan 2014

... about anyone giving anything away. My own son is at Harvard Law right now so I don't have a particular beef with lawyers. I merely find that family law is fraught with bullshit paradigms (read my other post on the subject) and I'm pretty sure it was lawyers that are responsible.

last1standing

(11,709 posts)
242. Actually, the post I responded to said exactly that.
Sun Jan 5, 2014, 05:46 PM
Jan 2014

So, you might want to reread this sub-thread before moving forward.

sendero

(28,552 posts)
243. Agreeing with part of what someone said..
Sun Jan 5, 2014, 05:48 PM
Jan 2014

.. does not imply I agree with all of it. I certainly hope you are not an attorney.

In case you are unfamiliar with the term "nodody said.." that mean "I didn't say...", a common colloquilialism I expected you to follow.

last1standing

(11,709 posts)
244. "Nobody said anything about anyone giving anything away." Isn't that what you wrote?
Sun Jan 5, 2014, 05:51 PM
Jan 2014

You were wrong and now want to change your own words with insults. I certainly hope your "Harvard Law School" son is better at this than you are or he might end up starving to death.

last1standing

(11,709 posts)
246. Tsk, tsk... Changing your post after reading mine. Pathetic and sad.
Sun Jan 5, 2014, 06:16 PM
Jan 2014

It looks like you have little to offer other than insults and half-assed excuses for your mistakes. Looks like I was spot on when talking about how some can't take responsibility for their own actions.

Blaming others for your mistakes is no way to go through life. I hope your son avoids that trait.

 

jtuck004

(15,882 posts)
35. That's a seriously unfair comment for what sounds like a personal grudge
Sat Jan 4, 2014, 11:51 PM
Jan 2014

unrelated to this person.

ScreamingMeemie

(68,918 posts)
39. Wow... we used a "family law" attorney when my husband adopted our daughter...
Sat Jan 4, 2014, 11:53 PM
Jan 2014

and that's exactly what she did: helped us create our family.

That's a might big brush there.

WolverineDG

(22,298 posts)
191. You know most family law attorneys would be happy just to charge a flat fee
Sun Jan 5, 2014, 12:35 PM
Jan 2014

and not have to listen to all the whining & complaining that comes with family law cases. My time is money. Time spent listening to someone whine about the damn TV remote is time I can't spend actually getting something done on that case or another case.

If parties don't want to spend bank on their divorces, perhaps they should treat it like a business transaction & honestly divide the property & debts 50-50 & act rationally regarding the children (visitation & support). But if you want to play games with everything, expect to pay for it. I know many attorneys who refuse to take family law cases because of all the bullshit they have to put up with from their clients.

treestar

(82,383 posts)
195. Agreed and they think they should not have to pay for your time!
Sun Jan 5, 2014, 12:45 PM
Jan 2014

And that the courts should make issues out of the pettiest things! Let's have a court ruling on how the ex H is a bastard for hogging the remote.

I just had a guy tell me all about the kids he has in college, the mortgage, etc. as if I, who he just met, ought to subsidize that by not charging "much" for my time. It's weird how it's always the lawyer who should carry the burden. Never to go the college and ask that they lower their bills since he has to pay an attorney to do something else he wants to do!

I should take their sob story to my office landlord or the phone company or the state bar who has to have its annual tribute so that I am allowed to continue. And the CLE providers.

I don't even make that much and it's due to this attitude. Though admittedly there are some very good people who value my time.

Darkhawk32

(2,100 posts)
208. We all get it. You hate your clients and you think they're garbage.
Sun Jan 5, 2014, 01:02 PM
Jan 2014

Tell them that upfront and stop scamming people into believing you actually care about representing them.

mn9driver

(4,425 posts)
221. It only takes one party to make a big payday for both attorneys.
Sun Jan 5, 2014, 01:32 PM
Jan 2014

And the system is set up to not only allow that, but to encourage it.

My divorce took over 2 years. I did everything I could to settle, expedite, concede, and agree to just about anything. But that wouldn't make any money for my ex's attorney, so the goalposts were moved more times than I can count. I begged my attorney to go to the judge to just put a stop to it and get a decree under any circumstance but was told repeatedly what a terrible idea that was, and so it went on, and on, and on. And of course, every time they threw another turd on the fire, both attorneys got paid.

It does not surprise me that you are in "family law" and have such contempt for your clients. I'm sure you have lots of stories to pass around at happy hour. Obviously, people like me "deserve" to be fleeced like the childish, stupid people that we must be to find ourselves in such a circumstance as to need a lawyer for the first time in our lives.

My J&D is over 50 pages long. It works out to $4000.00 per page in legal costs. There is almost nothing in it that I didn't offer my ex within 30 days after she filed. It is hugely generous, because I knew the real danger was in racking up big legal fees and destroying what we had.

It made no difference. The retirement is gone. The college fund is gone. It went to the lawyers, because they knew it was there and they knew they could get it because my ex was anxious and unstable and could be manipulated. Once they had it, it was remarkable how quickly they finished their work. Of course, it was easy since I had supplied the settlement for them nearly two years prior.

And that's the way "family law" works.

mn9driver

(4,425 posts)
225. Yes.
Sun Jan 5, 2014, 02:04 PM
Jan 2014

I am a pilot. But I'll be a hotel van driver or a greeter at Walmart when I am forced to retire in a few years.

Major Nikon

(36,827 posts)
250. That's pretty much how all law civil law works
Sun Jan 5, 2014, 09:47 PM
Jan 2014

...and to some extent criminal law. Some that are in the business of family law see the need for reform, but most simply want to maintain the status quo because they know there's plenty of money in maintaining the status quo. You are exactly correct. For a man when children are involved and the woman wants to use the legal system for revenge, your choices are either to pay the lawyers or almost never see your kids again. The sad part is contested judgements are pretty much all predetermined based on earnings and asset formulas and any family lawyer worth their salt can tell you exactly what's going to happen, yet still it can drag through the system until you inevitably run out of money. The idea that the attorneys are just innocent bystanders that have to suffer through all the whining is a complete joke. Some have integrity and are honest with their clients. Some are perfectly content to bleed you dry and will never lose a nights sleep over it.

Capt13

(62 posts)
44. $120/hr
Sat Jan 4, 2014, 11:58 PM
Jan 2014

Is what my lawyer used to charge me for court appearances 14 years ago. For a full day. Along with the other 4-8 clients he had those days. Maybe I should charge all my customers a full days labor for every vehicle waiting out in the lot. Maybe then I could afford to retire sometime before 80.

Darkhawk32

(2,100 posts)
108. Yup, my lawyer did the same to me, charged me full hours when split his actual time with several ..
Sun Jan 5, 2014, 01:17 AM
Jan 2014

other clients paying the same rate I was. ($200 per hour)

$200/hour * 5 hours * 6 clients = $6000 for 5 hours "work".

We waited in the courthouse, called my name, went up in front of the judge for about 5 minutes, my lawyer spoke for about 15 seconds, we were done! $1000 down the toilet.

 

newcriminal

(2,190 posts)
119. How do you know what he charged all 6 clients?
Sun Jan 5, 2014, 01:51 AM
Jan 2014

Are you saying you waited for 4 hours and 55 minutes and then saw the judge for approximately 5 minutes. Lawyers can charge for waiting for your case, but not charge 30 hours of work for 5 actual hours. I have never and would never charge our client's like that. I am not certain but I am pretty sure that is against the law.

treestar

(82,383 posts)
197. He charged but did you pay?
Sun Jan 5, 2014, 12:47 PM
Jan 2014

Most domestic clients don't pay. You have to get the money up front. What did he deserve as pay for his time?

 

Egalitarian Thug

(12,448 posts)
133. Fraudulent billing is standard & customary practice in the legal profession.
Sun Jan 5, 2014, 04:46 AM
Jan 2014

Having your profession writing laws is every bit as profitable as the 1% believes it is.

 

Egalitarian Thug

(12,448 posts)
176. LOL! You are either a complete legal novice, or you are a lawyer.
Sun Jan 5, 2014, 11:07 AM
Jan 2014

Either way, you have all the credibility that profession projects.

I'm worse than a lawyer, I set up back end billing and financial systems for some of the largest and most profitable law firms in the nation. Doing the financials in particular, I had a front row seat for the obscenities that you would like us to believe is simply being paid for your work.

I say socialize the entire field of law. The very nature of the concept of justice precludes a sliding scale determined by one's ability to pay.

Darkhawk32

(2,100 posts)
152. I had my lawyer call me, keep me on the phone for an hour and sent me a bill for $200.
Sun Jan 5, 2014, 10:09 AM
Jan 2014

Edit: let me clarify. My lawyer called me without prompting and not by my request. He called me on his own volition.

Darkhawk32

(2,100 posts)
161. Wow, you can just keep calling your clients and racking up the bills,
Sun Jan 5, 2014, 10:24 AM
Jan 2014

even if they didn't ask you to call. What a scam.

 

newcriminal

(2,190 posts)
165. What a scam?
Sun Jan 5, 2014, 10:34 AM
Jan 2014

If I am working on their case and I have questions I need answered and I call them to get the information you don't think I should charge them for my time?

I am sure you signed a retainer. Did you read it? If I am working on your case, I could be doing research, calling you, the court, the judge, opposing attorney, writing motions, whatever it is, I am working on your case and should be paid for it. This is not a scam and if you weren't so blinded by your own bitterness you should be able to understand that.

 

Egalitarian Thug

(12,448 posts)
171. Even better, you can simply claim to have been thinking about a case and bill it.
Sun Jan 5, 2014, 10:45 AM
Jan 2014

Like so many other things in America, the concept of justice has been usurped by the parasites.

treestar

(82,383 posts)
207. I don't; they don't mind paying me.
Sun Jan 5, 2014, 01:02 PM
Jan 2014

But then they don't hate lawyers. My point is you do, so represent yourself. That's allowed. No one to pay. And you know better than lawyers what to do, right?

Darkhawk32

(2,100 posts)
209. So in order to "play the game" you feel I must subject myself to fraudulent billing?
Sun Jan 5, 2014, 01:04 PM
Jan 2014

Everyone knows the court system is a racket. Not just family law.

By representing yourself (no matter how much knowledge I have) is a legal death sentence, because judges and lawyers have set the system up to be so.

treestar

(82,383 posts)
210. I guess. In your dark world you have two choices
Sun Jan 5, 2014, 01:06 PM
Jan 2014

1. Fraudulent billing or
2. Legal death.

Don't know what you propose to make it better.

Maybe there should just be no lawyers? I'm sure you don't think the law requires advanced degrees or exams or anything like that. You understand justice as well as the average lawyer, don't you?

Isn't the law simply what is right? And what is right is what you think should be done in the case?

Darkhawk32

(2,100 posts)
213. Yes, those are the two options left to many people.
Sun Jan 5, 2014, 01:07 PM
Jan 2014

Blood-sucking leech vs. automatic guilt

How are lawyers stop being blood-sucking leeches?

treestar

(82,383 posts)
216. What do you propose?
Sun Jan 5, 2014, 01:14 PM
Jan 2014

Doing away with them?

I notice a broad brush against lawyers is OK, would you have similar broad brushes for races, sex, etc?

treestar

(82,383 posts)
198. I don't believe that.
Sun Jan 5, 2014, 12:49 PM
Jan 2014

One, it would not work. Two, I bet you called him and kept him on the phone with every problem in your universe and why it should mean the court should give you exactly what you want and no less.

I had one lady call up and ramble for 5 full minutes (a long time when you are listening to pointless rambling) before I asked her to just get to the point. I thought I'd see just how long she would go on before she had the slightest respect for my time. But it was going to be an hour for sure, so I stopped her.

 

Egalitarian Thug

(12,448 posts)
132. No, you should work for a better world.
Sun Jan 5, 2014, 04:43 AM
Jan 2014

Maybe you're a good one, but I'd say the same to you as I do to the good cops I know (and am related to). If you don't work every day to get the bad ones you know of, out, you are the problem.

Of course the worst thing you can do to any professional is to call them on their commercial hypocrisy.

krispos42

(49,445 posts)
181. How about you stop making unnecessary work that you get paid for?
Sun Jan 5, 2014, 11:33 AM
Jan 2014

That would be nice.

"You" in the generic sense, of course. But it seems an awful big chunk of the time, divorce lawyers are like Pentagon contractors.

treestar

(82,383 posts)
214. If you know what work is necessary
Sun Jan 5, 2014, 01:08 PM
Jan 2014

Then spell it out in the contract. Tell the lawyer only to do what you want and not what the lawyers think needed.

treestar

(82,383 posts)
233. That's admitting lawyers much know something?
Sun Jan 5, 2014, 03:13 PM
Jan 2014

Have some knowledge of value? Because if they don't, I'm not getting why people aren't willing to represent themselves. Pro Se litigants get a lot of leeway on technical rules, too.

ZombieHorde

(29,047 posts)
236. All layers should be paid for by the state.
Sun Jan 5, 2014, 03:48 PM
Jan 2014

People should not be allowed to hire private layers for representation, only legal advice.

 

Bennyboy

(10,440 posts)
66. EVERYTHING is set up so lawyers make money....
Sun Jan 5, 2014, 12:22 AM
Jan 2014

They write the rules and the rules always say "the lawyers win, no matter what."

Nuclear Unicorn

(19,497 posts)
219. Jonathan Swift writes about "The Law" (such as it is) --
Sun Jan 5, 2014, 01:19 PM
Jan 2014
"He added, "that he had heard too much upon the subject of war, both in this and some former discourses. There was another point, which a little perplexed him at present. I had informed him, that some of our crew left their country on account of being ruined by law; that I had already explained the meaning of the word; but he was at a loss how it should come to pass, that the law, which was intended for every man's preservation, should be any man's ruin.


Therefore he desired to be further satisfied what I meant by law, and the dispensers thereof, according to the present practice in my own country; because he thought nature and reason were sufficient guides for a reasonable animal, as we pretended to be, in showing us what he ought to do, and what to avoid."


I assured his honour, "that the law was a science in which I had not much conversed, further than by employing advocates, in vain, upon some injustices that had been done me: however, I would give him all the satisfaction I was able."


I said, "there was a society of men among us, bred up from their youth in the art of proving, by words multiplied for the purpose, that white is black, and black is white, according as they are paid. To this society all the rest of the people are slaves.


For example, if my neighbour has a mind to my cow, he has a lawyer to prove that he ought to have my cow from me. I must then hire another to defend my right, it being against all rules of law that any man should be allowed to speak for himself. Now, in this case, I, who am the right owner, lie under two great disadvantages: first, my lawyer, being practised almost from his cradle in defending falsehood, is quite out of his element when he would be an advocate for justice, which is an unnatural office he always attempts with great awkwardness, if not with ill-will.


The second disadvantage is, that my lawyer must proceed with great caution, or else he will be reprimanded by the judges, and abhorred by his brethren, as one that would lessen the practice of the law. And therefore I have but two methods to preserve my cow. The first is, to gain over my adversary's lawyer with a double fee, who will then betray his client by insinuating that he hath justice on his side. The second way is for my lawyer to make my cause appear as unjust as he can, by allowing the cow to belong to my adversary: and this, if it be skilfully done, will certainly bespeak the favour of the bench.


Now your honour is to know, that these judges are persons appointed to decide all controversies of property, as well as for the trial of criminals, and picked out from the most dexterous lawyers, who are grown old or lazy; and having been biased all their lives against truth and equity, lie under such a fatal necessity of favouring fraud, perjury, and oppression, that I have known some of them refuse a large bribe from the side where justice lay, rather than injure the faculty, by doing any thing unbecoming their nature or their office."


It is a maxim among these lawyers that whatever has been done before, may legally be done again: and therefore they take special care to record all the decisions formerly made against common justice, and the general reason of mankind. These, under the name of precedents, they produce as authorities to justify the most iniquitous opinions; and the judges never fail of directing accordingly."


In pleading, they studiously avoid entering into the merits of the cause; but are loud, violent, and tedious, in dwelling upon all circumstances which are not to the purpose. For instance, in the case already mentioned; they never desire to know what claim or title my adversary has to my cow; but whether the said cow were red or black; her horns long or short; whether the field I graze her in be round or square; whether she was milked at home or abroad; what diseases she is subject to, and the like; after which they consult precedents, adjourn the cause from time to time, and in ten, twenty, or thirty years, come to an issue."


It is likewise to be observed, that this society has a peculiar cant and jargon of their own, that no other mortal can understand, and wherein all their laws are written, which they take special care to multiply; whereby they have wholly confounded the very essence of truth and falsehood, of right and wrong; so that it will take thirty years to decide, whether the field left me by my ancestors for six generations belongs to me, or to a stranger three hundred miles off."


In the trial of persons accused for crimes against the state, the method is much more short and commendable: the judge first sends to sound the disposition of those in power, after which he can easily hang or save a criminal, strictly preserving all due forms of law."


Here my master interposing, said, "it was a pity, that creatures endowed with such prodigious abilities of mind, as these lawyers, by the description I gave of them, must certainly be, were not rather encouraged to be instructors of others in wisdom and knowledge."


In answer to which I assured his honour, "that in all points out of their own trade, they were usually the most ignorant and stupid generation among us, the most despicable in common conversation, avowed enemies to all knowledge and learning, and equally disposed to pervert the general reason of mankind in every other subject of discourse as in that of their own profession."
 

awoke_in_2003

(34,582 posts)
11. I have a dipshit ex son in law....
Sat Jan 4, 2014, 10:53 PM
Jan 2014

like this. We have bought my grandson all kinds of Angry Bird toys because he loves them. He took them over to his dad's house on a visit (anywhere he goes, he has two plastic bags full of Angry Birds and cars), no his father has them and won't give them back to "get even" with the stepdaughter. It pisses me off to know end how idiots will use kids as a weapon.

Warpy

(111,267 posts)
131. I don't get it, either.
Sun Jan 5, 2014, 04:26 AM
Jan 2014

I left for good reason and divorced for good reason but I never lost sight of the fact that he'd been a good guy, better drunk than most men are sober.

If his second wife hadn't forbidden it, we'd likely still be writing and remaining long distance friends.

I understand he's now free from #4. I hope there is a #5 and she recognizes what I did a long time ago.

krispos42

(49,445 posts)
185. It's what happens after.
Sun Jan 5, 2014, 11:58 AM
Jan 2014

First, you have to decide what to do with the house, generally the biggest financial asset that has locked into it years of income. One person gets it... but what happens to the other person and his/her years of income that are in it?

Then you have to move. Where do you work? Where does the ex work? How far away is it? What are the hours?

You're the primary income earner; your spouse was a stay-at-home parent. Now, your spouse needs to get a job. But it's 200 miles away; there's nothing local around.

So now what? Who moves where? You have a job that pays well and you have years of seniority, so you don't want to follow the spouse around letting him/her drag you all over the country.

Then your spouse and/or your ex begin dating somebody. Maybe that somebody is an ass. Maybe that somebody has kids from a previous relationship. Maybe the kids are older, or younger, or both. Maybe one of them is a bully, or mentally or physically handicapped, or a "problem child".

Maybe your kid starts having problems dealing with the stress and the new people. Do you let your ex tell you who you can or cannot date? Does your ex let you tell him or her who they can or cannot date?


My ex and I separated in 2005. Amicably. We both moved to the Twin Cities area to escape her parents, who were pulling bad shit when they found out we were separating. We let things ride for a while, but after she showed up pregnant from her new BF, we both filed for divorce. We had already divided everything up when we left the state, and didn't have a house to fight over, so it was clean.

For 5 years afterwards, I worked and had our kid every weekend. She stayed at home and leeched off of her new BF, and eventually wound up popping out two more kids. We were flexible with care of our common kid; she took him to visit relatives on an infrequent but regular basis, and I did the same. No lawyers were involved, just "hey, next week I'm going to spend a week with my parents". "Okay, no problem."

At some point she and her 2nd hubby wound up moving over 150 miles away, and every Saturday I drove down to pick him up and bring him back, and every Monday I drove back down to drop him off. It was a long but peaceful and easy drive. No lawyers involved there, either.

We never fought about alimony (none) or child support ($350 a month). Lawyers didn't get involved until she left hubby #2 and decided to stay with a Canadian trucker 20 years her senior. So, I wound up bringing our common kid to my parents house in Connecticut and telling her "he's staying with me".

I enrolled him in kindergarten that very fall, and we've been here, in my parent's house, ever since. She's up in Canada, living there illegally, I believe, with her BF and her two other kids, and the issue has been dormant every since.

treestar

(82,383 posts)
194. Absolutely.
Sun Jan 5, 2014, 12:40 PM
Jan 2014

People really show themselves in these cases. Some people play as many games as they can. Others show they are adults and avoid that and attempt to be amicable and compromise.

211. I've watched many members of my families do this.
Sun Jan 5, 2014, 01:06 PM
Jan 2014

For example, my older brothers are always in some war with the mothers of their children over stupid reasons, and the kids suffer as a result. I stay out of these battles for my own sanity. I chose not to have kids, and they may have had something to do it. I agree with you, I don't understand this nonsense, but I hear about it at every family get together, and wonder what is wrong with them.

Sheldon Cooper

(3,724 posts)
3. Where does it say that he "overpays his child support and visits his son too much"?
Sat Jan 4, 2014, 10:22 PM
Jan 2014

I didn't see that in the article.

Gore1FL

(21,132 posts)
12. The Lawyer said it.
Sat Jan 4, 2014, 11:00 PM
Jan 2014

From the article:

"I'm like he couldn't have gotten a worse result," Elam says. "He could have gone in there with a monkey and gotten a better result. What did I do that my client has over paid over visited and is now paying 3 thousand dollars in attorney fees and is going to jail for 6 months."


Sheldon Cooper

(3,724 posts)
13. But that doesn't really prove anything.
Sat Jan 4, 2014, 11:04 PM
Jan 2014

When did he over visit and over pay? I'm not following.

ETA: okay, I've read up a bit more. The article also states that the judge claims he walked out of court on her, and that's why he's in contempt and being jailed. That's completely different than claiming that he "overpaid and overvisited".

Ralph Scott

(1 post)
136. What?
Sun Jan 5, 2014, 08:53 AM
Jan 2014

He only walked out because she sentenced him to the jail time now was it the right reaction no but I can understand his actions and probably have the same reaction

Sheldon Cooper

(3,724 posts)
139. Are you talking to me?
Sun Jan 5, 2014, 09:21 AM
Jan 2014
Your answer seems out of place. But yes, if you walk out on a judge before they're done with you, you are going to be held in contempt.

pnwmom

(108,978 posts)
135. He paid very erratically, according to the article. Other than that quote,
Sun Jan 5, 2014, 08:52 AM
Jan 2014

it didn't say he had actually over-paid. Some months he paid more and some he paid less.

And since he wasn't paying regularly, his ex had every right to get her attorney's fees paid.

Gore1FL

(21,132 posts)
179. I just answered the question:
Sun Jan 5, 2014, 11:25 AM
Jan 2014

"Where does it say that he "overpays his child support and visits his son too much"?

I posted the quote. That's all.

I'm not making an argument. I'm not taking sides. I honestly don't give a fuck.


Le Taz Hot

(22,271 posts)
5. Something very similar happened to my husband
Sat Jan 4, 2014, 10:30 PM
Jan 2014

several years ago. He was paying his regular child support, no problem. No arrears, everything on time. All of a sudden we get this notification in the mail that another $1,000 a month was added 10 MONTHS PREVIOUSLY so we were instantly $10,000 in arrears and had no idea. We didn't have $10,000 so we made arrangements to pay the modified amount plus $500.00 a month. We finally got all caught up. THEN, several years later, husband gets pulled over for some minor traffic infraction and they hauled his ass into jail for being behind in his child support payments. HE WAS FINISHED. The kids were over 18 and we paid back the arrears several years before. I had to bail his ass out of jail. We had to get a lawyer and fight it -- another $5,000. We FINALLY got it all straightened out but christalmighty was it expensive! And he was one of the good guys.

So yes, boys and girls, this IS possible.

 

yeoman6987

(14,449 posts)
28. I had to bail his ass out of jail.
Sat Jan 4, 2014, 11:41 PM
Jan 2014

lol. I thought that was pretty funny especially "hearing" you say it.

 

Sen. Walter Sobchak

(8,692 posts)
31. I used to work with somebody who couldn't get the State of California off his back
Sat Jan 4, 2014, 11:45 PM
Jan 2014

even after his deadbeat ex-wife who one day just didn't show up to pickup their child after a visitation had been thrown in prison in another state. He was nearly arrested for child abduction and delinquency several times. He felt like he had to get a printout from the Nevada Department of Corrections Inmate Locator website printed on matching t-shirts.

My ex represented disadvantaged men in family law cases pro-bono and lobbied in for Father's Rights in California. The stories she could tell about men getting fucked over by an indifferent and fundamentally ridiculous system are unbelievable.

Le Taz Hot

(22,271 posts)
37. The problem with California's system
Sat Jan 4, 2014, 11:53 PM
Jan 2014

is that they screw over the good guys. Why? A couple of reasons: 1) they can find them and 2) they have employment and can pay. Doesn't seem to have any affect on the deadbeat parents who just continue not to pay.

ScreamingMeemie

(68,918 posts)
42. God you're telling me.
Sat Jan 4, 2014, 11:55 PM
Jan 2014

My brother is in this battle with his ex. She's had several DUIs, he pays the insurance, the clothing, food, adores his son. She has "friends" pick him up and yet still drags my brother into to court every freaking 6 months. Always trying to get money. They have 50/50 custody (it should be 100 percent my brother) but she does it to screw with him.

Darkhawk32

(2,100 posts)
95. I'm going through the same thing...
Sun Jan 5, 2014, 12:54 AM
Jan 2014

My ex had fought me for a year to extort more money during the divorce, filed a motion to modify (hoping she'd win by default because she thought I couldn't get a lawyer) which she never followed-up on (no mediation, didn't show up to hearings, refused to answer discovery questions and meanwhile I'm out $3000), had me arrested on false pretenses (case thrown out with laughter by the county prosecutor), withholding the children illegally, calling CPS on me several times, filing bogus ex-partes on me to prejudice the court. She's a woman that uses my love for my children as a weapon. She's the lowest of the low.

Darkhawk32

(2,100 posts)
92. Look out, some here might think you're being disrespectful for women
Sun Jan 5, 2014, 12:50 AM
Jan 2014

or some here might tell you that evvverything is jussst fine. Trust them.

 

Sen. Walter Sobchak

(8,692 posts)
98. I have been a member of the DU "racist hetero patriarchy" for some time
Sun Jan 5, 2014, 12:56 AM
Jan 2014

I would love to put them in a room with my ex, if they want to see what misogyny and somebody who genuinely hates feminists (and just other women in general) actually looks like.

 

villager

(26,001 posts)
36. As a divorced dad it's my experience that child "support" systems often start with the assumption
Sat Jan 4, 2014, 11:52 PM
Jan 2014

...that fathers are lying.

At least, when you're trying to get something straightened out, you're treated with skepticism, barely reined-in scorn, etc.

The system is set up to assume all dads are trying to pull "fast ones," and should be generally viewed as criminal, unless proven otherwise (i.e., you're guilty first...)

once, when I was in a jobless period, and modestly behind on payments, I had my account frozen, right as the weekend started, and my sons were coming over. I asked, "how does it help these kids if I can't buy them groceries?"

There was no particular answer for that.

In any case, much paperwork later, that got more or less straightened out. Still, it's really shitty to be a father who loves your kids, facing a sea of bureaucrats, when these things come up, who always smirkingly assume the opposite...

Le Taz Hot

(22,271 posts)
226. Now, now, I've just been told
Sun Jan 5, 2014, 02:07 PM
Jan 2014

that the system is very just and that we just don't know how to deal with the law. (See below.)

 

villager

(26,001 posts)
235. There are always available apologists for every system's excess...
Sun Jan 5, 2014, 03:30 PM
Jan 2014

As we've seen here, over and over, at the "Underground..."

GreenEyedLefty

(2,073 posts)
142. Actually, non-custodial parents of either gender. For a time my ex had custody of my child
Sun Jan 5, 2014, 09:58 AM
Jan 2014

and I was treated the same exact way. The system does not discriminate in its crappy treatment of NCP's.

GreenEyedLefty

(2,073 posts)
157. That statistic is changing...
Sun Jan 5, 2014, 10:18 AM
Jan 2014

It's no longer automatic that women get custody of the kids.

I stand by what I said, though. It doesn't matter your gender - if you don't have custody of your kids you are treated like shit.

treestar

(82,383 posts)
201. Child support cannot be increased without a hearing
Sun Jan 5, 2014, 12:52 PM
Jan 2014

He did not get proper notice and could have fought on that ground.

Le Taz Hot

(22,271 posts)
212. Apparently there was a hearing of which he was not notified.
Sun Jan 5, 2014, 01:06 PM
Jan 2014

That actually happened twice. When you tell the Court that you were not notified of the hearing their reaction is pretty much just shrugged shoulders. They assume you're lying. Anyway, since he didn't show up at the hearing (of which he was not notified), he was considered a no-show and the amount was upped. You are under the impression that the court and child support issues are dealt with fairly by the courts for both parents. They're not. They're horribly skewed against the non-custodial parent.

The same thing happened when he was arrested. Apparently there had been a warrant out of his arrest after we got in arrears (through no fault of our own). We had NO idea there was a warrant. It was actually an old warrant that was never lifted after we had paid everything in full. The courts are quick to inform the Sheriff's office when there are child support issues but apparently they don't inform them when the debts have been paid in full. It sucks in every way.

treestar

(82,383 posts)
215. They must have had "proof of service" in the file
Sun Jan 5, 2014, 01:09 PM
Jan 2014

Still, that can be challenged.

There is relief for that sort of thing in the statutes.

Le Taz Hot

(22,271 posts)
217. You can argue all day long that the system is just, logical and legal,
Sun Jan 5, 2014, 01:15 PM
Jan 2014

but from personal experience, I can tell you it doesn't work that way for non-custodial parents. It just doesn't.

treestar

(82,383 posts)
218. I at least have court rules and statutes to back me up
Sun Jan 5, 2014, 01:19 PM
Jan 2014

Rather than purely emotional decision that it treated me unfairly.

The person owed the support can give you stories of injustice, too. I had a case where the guy was self employed, didn't work, and simply did not pay on the order. We went to court about five times asking for him to be put in contempt and jailed. Even though that is not going to get the money, it would at least tell him he can't do it that way. The judge admitted they were never going to have room in jails for such a case (even though legally they could sentence him) and there was nothing he could do to get her any payment on the order from him.

As long as he was OK with not having a driver's license or passport. His tax return would not have a refund, as he was self employed.

treestar

(82,383 posts)
224. Wow that's determined to be unobjective to a great length
Sun Jan 5, 2014, 01:38 PM
Jan 2014

If you were on the other side, you'd find it just as "unjust." Whatever dude. Your way or the highway, the other side certainly has no rights.

Which is most people's attitude toward the law.

Luminous Animal

(27,310 posts)
6. He didn't overpay. He paid the $3000 that owed but probably
Sat Jan 4, 2014, 10:37 PM
Jan 2014

not until the ex-wife racked up legal fees to compel him.

""I didn't want to go to jail basically," Hall says.

So Hall quickly paid almost 3 grand in back child support."


Then, he his cited by the judge for contempt (curiously, the article omits the reason why) after which, he walks out of court while it was still in session. That as the judge said, is a big no no. And likely why he ended up with a 6 months jail sentence.



Arcanetrance

(2,670 posts)
7. That's ridiculous if they're going to change terms he needs to be notified
Sat Jan 4, 2014, 10:37 PM
Jan 2014

Furthermore the legal fees shouldn't be his problem cause the case shouldn't have been in front of the judge to begin with. Who's it gonna serve him being on jail he will lose his job be behind in child support and will end up back in a similar situation. But it's just another example of the system failing minorities.

LeftyMom

(49,212 posts)
14. If he had the money to pay his arrears and he's such a responsible father
Sat Jan 4, 2014, 11:08 PM
Jan 2014

why did his child's mother have to get a lawyer and take him to court?

I know the system is fucked up and I've heard some stories that would make your head spin, but I have a working bullshitometer and the one side of the story we're getting here has it pegged in the red zone.

Sheldon Cooper

(3,724 posts)
16. I agree.
Sat Jan 4, 2014, 11:11 PM
Jan 2014

The article is very poorly written, and there is a lot of room for questions. But as a veteran of the child support system in PA, I can say that things sound pretty weird with this case. Someone is trying to pull the wool somewhere.

WolverineDG

(22,298 posts)
20. Because his employer wasn't withholding from his wages properly
Sat Jan 4, 2014, 11:27 PM
Jan 2014

It does happen, but not many attorneys know you can send a nasty-gram to the employer threatening all kinds things, including that the employer pay (out of their pockets) up to DOUBLE the amount of child support they were supposed to be withholding.

So perhaps your bullshitometer needs to be recalibrated for this information.

LeftyMom

(49,212 posts)
22. Yes, but he gets paystubs and he knows that he has a child support obligation.
Sat Jan 4, 2014, 11:29 PM
Jan 2014

There's nothing at all keeping him from sending a check in, just as he would have to do if he were self-employed or if he had changed jobs and the payments weren't being taken out yet.

Ms. Toad

(34,073 posts)
26. That's actually not always the best thing to do.
Sat Jan 4, 2014, 11:38 PM
Jan 2014

Yes, he needs to be paying attention and making sure the proper amount is deducted. And if it isn't he needs to take the time to verify the court order as to the amount, verify the account to make sure everything is caught up, and get his employer on board if they aren't properly withholding.

But going outside the system can easily result in screwing up the bookkeeping - and it might still look like he had not paid all he should have (which may be what happened here when he paid nearly $3000 to catch up). At least in Ohio, the system which collects and disburses child support is not a well oiled machine - but it you try circumvent the system by paying directly when you have an employer you can really mess things up.

LeftyMom

(49,212 posts)
38. My ex was making payments into the Ohio system and had to do exactly that.
Sat Jan 4, 2014, 11:53 PM
Jan 2014

Yes, Ohio's system is a mess but a parent's responsibility is to make sure their child is provided for. The paperwork gets sorted out eventually but you have to keep on them about it because they're overworked and (in my opinion) marginally competent.

Ms. Toad

(34,073 posts)
48. I know fathers who have overpaid
Sun Jan 5, 2014, 12:06 AM
Jan 2014

in order to make sure their child was provided for, bypassing the employer when the payments from the employer (which they don't have a choice about) were messed up - and it never got straightened out. Perhaps they have either paid their counsel to straighten it out - or spent hours battling the system - but the time/money spent recovering the overpayments probably would have been a wash.

Anytime there is a system involved (child support, insurance, etc.) my personal practice is never to hand over my cash directly - but to keep on the system to make it work - because once I hand my money over directly they rarely have mechanisms in place which allow future adjustments once the system gets back on track.

Darkhawk32

(2,100 posts)
51. I have a friend at work that overpaid by around $6000 because of HER not reporting income!
Sun Jan 5, 2014, 12:11 AM
Jan 2014

But they said he couldn't get the money back! W..T..F!!

I read the paperwork myself so I know he wasn't lying.

Ms. Toad

(34,073 posts)
166. My point is that it is not self-adjusting.
Sun Jan 5, 2014, 10:34 AM
Jan 2014

And you don't necessarily get retroactive adjustments.

When circumstances change, you immediately go back to court and request a change. If you wait until after you have paid out bunches of money to go back and request a change, you're likely to get a change going forward - but not necessarily a retroactive one.

Darkhawk32

(2,100 posts)
174. Yes, but if the change was not made previously because of the receiving parent's fraud,
Sun Jan 5, 2014, 10:53 AM
Jan 2014

the paying should get an abatement to make up for the extra money lost all that time.

That would be fine, but he was told tough shit.

LeftyMom

(49,212 posts)
55. Oh no, I meant to send the check to the CSPA (or local equivalent) NOT to the custodial parent.
Sun Jan 5, 2014, 12:13 AM
Jan 2014

That's the responsible way to deal with the problem.

Ms. Toad

(34,073 posts)
126. The problem with that is
Sun Jan 5, 2014, 03:05 AM
Jan 2014

generally there are orders which will eventually get straightened out between the CSPA and the employer; the additional money which was sent directly to the custodial parent will still be taken out of the paycheck,and the money "accidentally" sent directly as a mom can be treated as a gift, rather than a payment of the support obligations.

I'm no fan of non-custodial parents not living up to their obligations - or of funneling everyone into the CSPA system (even when they are friendly and would prefer to keep the 2% fee (or whatever it is by now) available their family by direct payments between the two). But since that is the system mandated, you go outside of it only if you want to risk everything sent outside of the system being treated as a gift.

It stinks - but since non-custodial parents are required to pay via agency, it isn't appropriate to expect them to take the risks associated with circumventing the system just because it gets screwed up. (They should be obligated to take all steps reasonably necessary to make the system work - like checking their pay stubs, their accounts with CSPA, making sure they know the amounts which should be deducted - and verifying that that amount is actually deducted, reporting incorrect deductions and taking steps to correct them)

WolverineDG

(22,298 posts)
89. yes but in Texas, the employer's order goes to the employer
Sun Jan 5, 2014, 12:48 AM
Jan 2014

and they are legally obligated to withhold the amounts listed in it. If they don't, they are in deep shit if a parent's attorney knows where to look in the Family Code. Nothing like "yeah, you owe my client TWICE what you should have been sending to the disbursement unit" to get someone'e attention.

Yeah, sure he could have sent in the short-fall, but they don't exactly make it easy to do that, since EVERYTHING now goes to one centralized office, you have to have all of the required information, etc. In short, it is a PITA to get done. And it sounds like his employer was not being above-board, taking out differing amounts (& sometimes none), & quite possibly not sending that on to the disbursement unit. Oh yes, this does happen, I've seen it, but if you just want to put all the blame on dad, keep on keeping on.

treestar

(82,383 posts)
204. And any story about the system ought to be taken with a grain of salt
Sun Jan 5, 2014, 12:57 PM
Jan 2014

Since the person has a stake in it and family law makes people very unreasonable.

The court here has very reasonable standards. But people don't want reasonable. At least some (there are people who do OK in a divorce). They will say anything, but are just angry because they think the law should favor them more.

WolverineDG

(22,298 posts)
18. I would like to see the orders
Sat Jan 4, 2014, 11:18 PM
Jan 2014

I practice family law in Texas. First of all, unless there are strict provisions regarding visitation, the standard possession order is the bare MINIMUM visitation. The parents can ALWAYS agree to more; there is no such thing as "too much visitation" unless it is restricted because of neglect or abuse AND clearly enunciated in the order.

As for paying attorney's fees, yes he can be made to pay the other party's attorney. Usually though it's a wash--each pays for their own attorney.

But I call BS to the modification without notice. That doesn't happen unless he got served & then didn't bother to answer (default judgement).

On edit: looks like he's being threatened with jail time for contempt of court, but I personally think 6 months is excessive for walking out of the court room.

madinmaryland

(64,933 posts)
27. What bothers me is that he is being threatened with jail. Throw him in jail and it ruins
Sat Jan 4, 2014, 11:38 PM
Jan 2014

EVERYONE's lives, except for the Prison Industrial Complex.

The father loses all chances for employment. The mother loses any chance for much in the way of future compensation, and the child loses two parents.

Ms. Toad

(34,073 posts)
29. If you listent to the video -
Sat Jan 4, 2014, 11:42 PM
Jan 2014

The contempt apparently came before he walked out - that he walked out of court because he was found in contempt for another reason. It isn't clear what the reason might have been.

It also sounds to me as if his attorney is not doing him any favors. The judge suggested she didn't file a motion for reconsideration, which would have allowed him to tell his side of the story. Getting new evidence in isn't generally the basis for filing a motion for reconsideration - but it does beg the question as to why she apparently hadn't presented his side of the case in the first place.

Mariana

(14,857 posts)
168. In my husband's custody, visitation & support orders in two states
Sun Jan 5, 2014, 10:38 AM
Jan 2014

the visitation order was worded to say something to the effect of, "Whatever the parties agree to OR (specific days and times)".

When his ex tried to say, "You're only supposed to get three weeks in the summer, that's what the court order says," he told her to read it again, they were supposed to have visitation any time the two of them agree to have it.

pipi_k

(21,020 posts)
21. Just because
Sat Jan 4, 2014, 11:27 PM
Jan 2014

he claims he didn't know, that doesn't mean he was never notified.

And it doesn't mean he's not lying. Are we supposed to sit here and believe that people never lie about being notified of something? Seriously?


Also, the title of the article makes it sound like he was jailed because he "overpaid and visited too much", which is basically bullshit. That's not why he was jailed.

And, last, in many cases where a parent is having to have child support deducted from his/her pay, it's because s/he cannot be trusted to pay every single week. And his claims that some weeks his employer didn't deduct child support at all...duhhhhh....hello? Earth to deadbeat dad...didn't he notice when some weeks his pay was more than on other weeks? If that was the case, I mean. If he knew child support was supposed to be deducted and it's not, then what's the responsible thing to do? Yeah. Notify the proper people, that's what.

I don't think his race has anything to do with it. He just seems like another deadbeat parent trying to look like a victim and avoid taking responsibility.

I was married to one myself, years ago.

Always the victim.

Curmudgeoness

(18,219 posts)
43. There is one error in your knowledge of the child support orders,
Sat Jan 4, 2014, 11:58 PM
Jan 2014

at least in recent years. Years ago, it was possible to pay the child support yourself, and only the deadbeats who refused to do that had payroll deductions. But for years now, you must have it deducted from a paycheck as long as you are employed. I found this out the hard way by having a problem with one of the employees that I do checks for. He called with an attitude about my not taking support out when I had never gotten a court order, and I got an attitude back that if he paid the support like he was supposed to, he wouldn't have to have a payroll deduction. He enlightened me on this matter, and I have since found out that this is true. I think that it has to do with making it much easier on the enforcement agency to get fewer checks and better paperwork with the checks.

So it is unfair to assume that a person is not paying the support, and that is the reason he has a payroll deduction.

Darkhawk32

(2,100 posts)
49. I personally don't mind the payroll deduction. It ensures I know it is paid and that there are ...
Sun Jan 5, 2014, 12:08 AM
Jan 2014

two sets of records to show that it has.

islanderjen

(1 post)
254. That is very true.
Thu Jan 16, 2014, 05:43 AM
Jan 2014

As a military wife, I have seen many soldiers get divorced and have heard some horrific stories about their financial battles with their exes, both men & women. In the past decade, the Army requires soldiers who are divorcing or have divorced to set up allotments to ensure that they are paying child support. I'm not sure about the other branch of services although generally although they generally have the same guidelines when it comes to legal matters. When I got out of the Navy 10 years ago, I know that they required it as the Navy has always had higher divorce rates than other branches prior to the Iraq war. Any service member that is caught not paying child support obligations is subjected to UCMJ (Uniform Code of Military Justice) punishment. Usually that involves loss of pay and rank, (although that never made sense to me seeing as lowering their income only made matters worse) and garnishment of the wages until back pay of child support was caught up and current.

There have been cases where soldiers (most of the time it was a male) getting notices to court for failure to pay child support. There is a soldier in my husband's unit right now who was served a warrant of arrest for failure to pay child support. The MPs had to take him down to the MP station, and book him. I'm not sure if they had to turn him over to the local authorities or if they processed him through the military law enforcement, my husband wasn't specific. I do know that he spoke to the JAG (Judge Advocate General) as well as the Battalion Commander and I believe the Post Commander as well. He had to bring all his LES's (Leave Earning Statements) showing that not only was he paying child support, every 1st of the month, but it was being deposited straight into her bank account. To add to it, he's showed them text messages he would get from the ex-wife, where she would ask for more money, usually coinciding on the 15th of the month (military paydays are always the 1st and the 15th) for various reasons. He would send her the money online via Western Union and kept the confirmations along w/ all the email notifications he got letting him know that she picked up and signed for the money.

I'm not sure if the situation has been resolved yet or not, as this was something that happened recently. My husband doesn't believe the Army will punish him for it, especially if he's got proof, but the court system is another thing. And the Army has to abide by state laws.

Curmudgeoness

(18,219 posts)
255. It is interesting that the military does not garnish
Thu Jan 16, 2014, 08:17 PM
Jan 2014

child support directly from the pay checks. In the private sector, we have to deduct it, and we have to send it to the child support agency, not to the parent who is owed. The support agency then pays the parent. This leaves a record of the payment with the pay stub as well as the support agency, and the agency knows that the payment are being made. Child support is the reason that most states have a "New Hire" form that the employer has to complete and submit to the state immediately upon hiring an employee. This allows the child support agency to garnish wages quickly.

I really do feel sorry for the soldier that you spoke of. Some women can be very vindictive, and I have known a few. I wonder if her pressing charges is illegal if it is true that he is paying the support, as well as helping her with extra money. It should be. You should not be able to play games with another person's life. My first suggestion to this soldier would be to make arrangements for the support payments to be made directly to the child support agency, then have them process it and send it on to the child's mother. Paying the money directly to the mother is not a good idea.

Ms. Toad

(34,073 posts)
24. Nothing in the article,
Sat Jan 4, 2014, 11:33 PM
Jan 2014

Other than the man's angry comment supports the assertion that he overpaid or over visited.

The rest of the article says he was paid up (not overpaid - and that he had been close to $3000 in arrears - not necessarily his fault, but having been in arrears and having caught up is different from overpaying).

As far as overvisiting - the "Court documents also reveal Hall wasn't following the court's scheduled times to pick his son up for visitation." (not that he was over-visiting; that he wasn't following the visitation schedule - and particularly if there is hostility between the parents, popping up when mom isn't expecting him, even if he is visiting too much, is likely to be an issue).

It isn't clear why the jail time was imposed. He did walk out of court, apparently, but the video feed says that occurred after he was held in contempt (which would likely have included the jail time). Apparently, his attorney didn't bother to file a motion for reconsideration - so she does not seem to be serving her client terribly well.

As far as the extra money sought (and awarded by the judge) - if mom had to pay attorneys to chase him to pay his support (as it appears she did), he ought to be reimbursing her. If he can establish that it wasn't his fault (his employer was withholding an incorrect amount through no fault of his own) and that there is no evidence that the court served him with a new visitation order - that is a different matter. (Although that evidence should have been presented at the hearing - after the hearing, it is pretty hard to get new evidence in - another failure by his attorney.)

tartan2

(314 posts)
30. By any chance is the child support system in Texas privatized?
Sat Jan 4, 2014, 11:44 PM
Jan 2014

After all Texas hates government and the state is backward on regulations of any kind..

Darkhawk32

(2,100 posts)
33. This exposes the fact that in the family court system, men are treated like garbage.
Sat Jan 4, 2014, 11:49 PM
Jan 2014

No matter what the circumstance in the divorce, no matter how much he wants to raise his children, men are shit. The whole system is a scam that lends itself to mothers harassing fathers into leaving their children, but then wanting to cash in on more child support. It's a scam, all of it and there's no excuse for it.

Darkhawk32

(2,100 posts)
46. Do you feel threatened by the notion of a man wanting equal rights to his children and...
Sun Jan 5, 2014, 12:04 AM
Jan 2014

wanting to raise and participate in their children's lives? Are you threatened by the mere thought that there could be a severe bias in the family court system?

And let me tell you something you may not like: men ARE equal parents. They are not disposable and replaceable people whose only function is to line someone's pockets. That's not the best interest of the child.

LeftyMom

(49,212 posts)
59. Yes.
Sun Jan 5, 2014, 12:16 AM
Jan 2014

He also had to deal with the usual custodial parent issues of non-payment and spotty visitation by the non-custodial parent.

Darkhawk32

(2,100 posts)
62. So your mom was a deadbeat mom (lacking a better word for right now)?
Sun Jan 5, 2014, 12:19 AM
Jan 2014

I'm sorry to hear that.

I'm not trying to defend deadbeats. I'm defending the good, honest, loving men out there who get run over in the system.

And I will say that all the deadbeat dads out there does make it harder for the good ones out there.

LeftyMom

(49,212 posts)
68. Yeah. Drug problem.
Sun Jan 5, 2014, 12:22 AM
Jan 2014

My dad used to say that if she ever got caught up on her support he could pay off his house.

The reality is that the system fucks over all parties.

Darkhawk32

(2,100 posts)
47. And to view that notion as an infestation makes you just as bad as ...
Sun Jan 5, 2014, 12:06 AM
Jan 2014

some of the pro-lifers that want to take YOUR rights away.

Darkhawk32

(2,100 posts)
58. Oh no, you don't get to play that tired canard with me.
Sun Jan 5, 2014, 12:15 AM
Jan 2014

I'm referring to a biased system, I didn't call you or anyone here disrespectful.

LeftyMom

(49,212 posts)
60. Reread your post! You accused women of driving men away and exploiting them for money.
Sun Jan 5, 2014, 12:17 AM
Jan 2014

How is that not disrespect?

LeftyMom

(49,212 posts)
73. I'm sorry, but that's just stupid. The math doesn't work.
Sun Jan 5, 2014, 12:27 AM
Jan 2014

Nobody comes out ahead after a divorce. The same incomes have to support two households instead of one.

Darkhawk32

(2,100 posts)
79. I work full-time and pay 25% of my NET income in child support.
Sun Jan 5, 2014, 12:35 AM
Jan 2014

I have the children 50% of the time (I wanted that. I'd take them 100% if I could and wouldn't want a dime in support, because I was raised right).

My ex works about 15-20 hours a week as a telemarketer (doesn't like to work).

She brings in more total income than I do, after her fat income tax check every year, welfare, my child support, etc, etc, etc...

I live like a pauper while she goes out on the town constantly.

I have to work 50+ hours a week just to pay the bills and feed my girls when they're with me.

kdmorris

(5,649 posts)
140. If she's on welfare, she's not getting a dime of your child support
Sun Jan 5, 2014, 09:37 AM
Jan 2014

It goes to the state to pay for her being on welfare... if she's getting your child support and it's more than a welfare check - then she's not getting welfare. Unless you are talking about food stamps when you say welfare...

We all have personal stories. I had an abusive husband (now my ex husband) who didn't allow me to work and wanted me to keep having kids until we had a boy. I had three daughters (4 years, 2 years and 11 months old) when I left him. He refused to pay child support and so I worked 3 jobs to try to support my daughters. He ended up abusing my daughters one day when they were there for visitation and ended up going to jail for 18 months. (My daughters are now 26, 24 and 22 years old and I never saw a single penny of child support from him so I did end up on welfare. The state kept trying to get it from him, but he would just quit his job and get some under the table job to pay him cash). My daughters have not seen him since Christmas of 1996.

I don't believe that all men are like my ex-husband and all divorces are not as awful as mine was. My marriage and my divorce were incredibly painful, but I like to think that I don't start from "bitter" when I read something like the OP. But you seem to be coming at this allowing your personal experience to color your opinion. I really try not to jump to conclusions about others' child support/custody based on my own harrowing experience. (respectfully, that seems to be what you are doing)

I would agree that many men do get a raw deal in child custody and support matters. But not all do. Sometimes, there are real reasons why men do not get custody and required to pay child support. And I become suspicious when someone tells me that a woman makes more income than him because of a welfare check, child support and an income tax check... working 15-20 hours a week as a telemarketer will not generate enough income to get much of an EIC... you are not permitted to get welfare and child support both since about 1996 (welfare "reform&quot ...And if she is making enough to get a large EIC at the end of the year, then she is not eligible for welfare.

I was prepared to feel sorry for this guy, based on the headline. But, after reading the article, that is totally not what happened. He didn't get jailed for "overpaying" or "overvisiting". He got jailed for being an ass in court. Morale of the story: don't be an ass to the judge that holds your fate in their hands.

LeftyMom

(49,212 posts)
82. No, I truly believe that because I can do basic math.
Sun Jan 5, 2014, 12:40 AM
Jan 2014

Let's say that the combined after tax income of a couple is 100K, just for ease of figuring. Their housing expenses are 30K/yr. They split, and both of them downgrade slightly but need to have space for the kids and to stay near where the children go to school, so their housing expenses are each $20K/yr. The kids still cost as much to feed, they still each need a car with room for the kids, every other expense either stays roughly the same or goes up because now two households need to be supported out of that same pool of money.

Everybody's standard of living falls. Including the kids.

LeftyMom

(49,212 posts)
88. You said she's on welfare. They don't give that out to people who are living well.
Sun Jan 5, 2014, 12:47 AM
Jan 2014

You also said that she gets a fat tax return, do you mean she's taking the Earned Income Credit?

Darkhawk32

(2,100 posts)
97. She barely works, she gets $500+ a month on food stamps, my money, tax money (yes EIC included),
Sun Jan 5, 2014, 12:56 AM
Jan 2014

housing aid, etc and you add it all up and she makes more than I do.

That's insane.

LeftyMom

(49,212 posts)
102. No, she doesn't get those things. Your kids do.
Sun Jan 5, 2014, 01:03 AM
Jan 2014

As far as the EIC, you said you have a 50/50 custody split, so she shouldn't qualify if you're communicating the facts correctly. You have to have the child the majority of the time to qualify.

edit: How old are these kids?

Darkhawk32

(2,100 posts)
104. You need them 6 months and legally it's 6 months.
Sun Jan 5, 2014, 01:06 AM
Jan 2014

And the "the kids get it" meme doesn't work with me because you're robbing Peter to pay Paul and Peter is broker as a mofo when the kids arrive at Peter's house.

LeftyMom

(49,212 posts)
107. Your kids are on welfare.
Sun Jan 5, 2014, 01:16 AM
Jan 2014

None of you are doing well, which is exactly what I'm saying. NOBODY WINS when the resources that previously supported X number of people in one household still need to support X people but now get spread across two households.

And how old are these kids? I have a reason for asking. A general sense (ie "grade school age" or "one in junior high and one in preschool&quot would be fine.

edit: As far as the EIC goes you need the kids more than half of the time to qualify. Legally. I just checked the IRS website to make sure I was remembering that correctly.

Darkhawk32

(2,100 posts)
115. Her not doing well is her CHOICE. She knows she doesn't HAVE to work because ...
Sun Jan 5, 2014, 01:27 AM
Jan 2014

she knows the system will provide for her through child support.

If she worked, she wouldn't get food stamps, wouldn't get as much child support, wouldn't get housing aid.

Plus, there's no need to subject the kids to that at all.

I'm just as good a parent as she could every hope to be and with my full resources at my disposal to me, we could live relatively comfortably (not rich or well-off, but could live ok) without having to ruin two household's finances.

Both households don't have to lose, the system wants that to occur and encourages it.

Ms. Toad

(34,073 posts)
128. EIC: Not quite for divorced parents
Sun Jan 5, 2014, 03:13 AM
Jan 2014
If the parents do not file a joint return together but both parents claim the child as a qualifying child, the IRS will treat the child as the qualifying child of the parent with whom the child lived for the longer period of time during the year. If the child lived with each parent for the same amount of time, the IRS will treat the child as the qualifying child of the parent who had the higher adjusted gross income (AGI) for the year.


http://www.irs.gov/pub/irs-pdf/p596.pdf

LeftyMom

(49,212 posts)
129. By that measure he's supposed to claim them.
Sun Jan 5, 2014, 03:17 AM
Jan 2014

Because she's only working part time, and most of her other income (child support, welfare, food stamps, housing aid) doesn't count toward AGI.

Either way what he's saying doesn't add up.

kdmorris

(5,649 posts)
141. Should have read the rest of the thread before I posted above
Sun Jan 5, 2014, 09:44 AM
Jan 2014

Yeah, something sure as hell doesn't add up. Having been on welfare, I can tell you that ANY amount of money you get is counted toward your total meager pittance. If you get a "fat EIC" they lower your food stamps for months to compensate. If you get child support, they lower or eliminate your welfare check. Each month of housing assistance is added up based on that month's income - so if you go over the income allowance by getting an EIC...well, suddenly you are forced to come up with $600 in rent instead of $100 that you paid the month before.

He seems to have the whole mythos of the welfare queen wrapped up with his bitter feelings about his divorce.

Darkhawk32

(2,100 posts)
145. I've reported her for welfare fraud, but they don't investigate.
Sun Jan 5, 2014, 10:01 AM
Jan 2014

No mythos. No, I'm not bitter about the divorce. I bitter about the child custody and the amount my children got sold to me for. It's about fairness to the kids, not to the mother. Sorry, I know I'm supposed to just bow my head to women in this regard. I support women's rights just as much as any other progressive. But, I'm going to stand up for my rights too.

No, you don't know the whole story, because I don't have the time to right a book about it.

Look, if you're able-bodied (which she is) but too lazy to work and the other parent is willing to work AND take care of the kids, the kids should go to the working parent. PERIOD.

It should not go to the mother by default.

kdmorris

(5,649 posts)
155. I am not disputing that many men get treated unfairly
Sun Jan 5, 2014, 10:14 AM
Jan 2014

but you first responded to this by saying that "This exposes the fact that in the family court system, men are treated like garbage."

No, it doesn't. It exposes the fact that, if you are going to be an asshole to a judge, you shouldn't do it in the courtroom when they are hearing a case.


Sorry, I know I'm supposed to just bow my head to women in this regard.


You're right. That doesn't sound bitter at all (nor does "men are treated like garbage&quot . Your black and white thinking ("the kids should go to the working parent&quot would have led to my ex-husband getting custody of the 3 little girls he ended up sexually abusing.

It is not all black and white. Your situation is distressing to you, but not all situations are the same. The problem is that your words do not add up. You should be the one claiming them on your income tax return if you have them 50% of the time and have a higher AGI, so it's confusing as to how she is getting a "fat income check". You can't collect welfare and child support at the same time - the government makes sure that you are stuck at the lowest possible amount of help. They re-check everything each month for food stamps and housing aid. If she gets a fat income tax check, then she's paying an assload more rent during the months that follow. But I fail to understand how she can possible get a fat income check working 15-20 hours a week as a telemarketer.

I have not made any comments on whether you should get custody or not. If your story is truly as you say, then you probably need to go back to court and get things squared away. But your description of her finances doesn't add up.

Custody should never go to anyone by default. Not the mother, not the working parent, not the father... each case should be determined on the basis of what is best for the children.



Darkhawk32

(2,100 posts)
160. Yes, I'm bitter about the child custody. I've already admitted that.
Sun Jan 5, 2014, 10:23 AM
Jan 2014

She gets to claim them because the JUDGE ordered that in the divorce decree.

She doesn't report income (like the child support), doesn't report that she now works part-time.

They do not re-check everything each month. In Missouri, unless you report it, it doesn't get rechecked but maybe once every 6 months.

And you took what I said out of context, I said "If one parent is too LAZY to work, then the working parent should get custody of the kids."

I'm not talking about abusive parents or sexual predators or any other herring thrown in there.

I don't pay child support through the state, the state isn't involved, just the court. So she can hide the income from state easier.

Look, I'm not going to keep going round and round about this.

If she did what was legally obligated to do with reporting, you're probably right, but for years, she's gotten away with fraud and it's frustrating to me as hell that I have to work 50+ hours a week just to put food on the table while she sits on her butt most of the time and gets rewarded for it.

kdmorris

(5,649 posts)
164. I get that you are frustrated
Sun Jan 5, 2014, 10:32 AM
Jan 2014

And I wasn't trying to throw in a red herring. You maybe didn't state what you meant well, but it sounded to me like you were stating that the working parent should get the kids... in my case (and all cases are different) that would have meant custody went to my ex-husband, who was NOT a fit parent.

You have more power than you think. Request that child support be paid to her through the state. Call them and set up an account so that she can only get the money from there. Go back to court and request that you be allowed to claim then on your taxes.

Maybe you are just angry and want to rant, I don't know, but you've been applying your situation to all men for quite a few posts now. That's not right, any more than it's right that women are favored in custody arrangements.

I'm sorry about your personal situation. It sounds like it sucks. I'm just trying to point out that we all have stories. What you are doing sounds like applying a personal situation to an overall concept. Just as if I were (and I'm not before you freak out) to say that men don't deserve custody because they are all abusive assholes.

Darkhawk32

(2,100 posts)
175. I know everybody has stories. We should all be working for a system that doesn't create these
Sun Jan 5, 2014, 10:56 AM
Jan 2014

stories in the first place.

Can we agree on that?

I know women can get screwed over too, but the sheer numbers favor them.

And the attitudes of judges I've seen in court confirm my feelings.

These are the reasons why good fathers give up. It's heart-breaking.

Darkhawk32

(2,100 posts)
151. Because she gets to claim them because the judge says she gets to claim them.
Sun Jan 5, 2014, 10:07 AM
Jan 2014

Her and her lawyer asked for it, me and my lawyer stated what you said, the judge gave us the proverbial middle-finger.

"You're the man, you're supposed to pay."

I will never, EVER forget that moment. NEVER!

Hosnon

(7,800 posts)
72. Most domestic court systems heavily favor the mother.
Sun Jan 5, 2014, 12:26 AM
Jan 2014

That's pretty much undeniable. For a father to recognize that and fight it is not part of the problem. Attacking him for doing so is.

Darkhawk32

(2,100 posts)
77. Exactly. Men fighting that system in order to become an equal parent under the law shows...
Sun Jan 5, 2014, 12:28 AM
Jan 2014

how much he loves his children and wants to do every right thing he can for it.

All of the naysayers just lend to the corrupt system that practically forces good men to just give and leave.

The system believes that men are wallets with legs and nothing more.

Darkhawk32

(2,100 posts)
80. When it really comes down to it. A lot of mothers (not all) really don't want the fathers around.
Sun Jan 5, 2014, 12:38 AM
Jan 2014

Not really.

 

villager

(26,001 posts)
81. So the experiences we have as fathers of being treated a certain way by the system...
Sun Jan 5, 2014, 12:39 AM
Jan 2014

...are to be contemptuously dismissed?

Similar to how we feel when up against that system itself?

Union Scribe

(7,099 posts)
120. Oh noes the MRA
Sun Jan 5, 2014, 01:53 AM
Jan 2014

So this (men feeling they get screwed over in divorce/family courts) is the scary bogeyman of MRA so oft-invoked here?

 

1000words

(7,051 posts)
127. Unbelievable
Sun Jan 5, 2014, 03:09 AM
Jan 2014

Why even try to understand a differing perspective when you can just dismiss it with that convenient pass, right?

Darkhawk32

(2,100 posts)
61. So he's part of the system. If he doesn't see there's a bias, then he's lying.
Sun Jan 5, 2014, 12:17 AM
Jan 2014

Every family court lawyer I have ever talked to personally (face-to-face) warns me up and down that the family courts practically hate men. Male and female lawyers have told me that. They were being honest.

 

newcriminal

(2,190 posts)
70. That's bullshit.
Sun Jan 5, 2014, 12:24 AM
Jan 2014

They tell you what you want to hear. I have seen plenty of women get screwed over by the system as well. It's not a male exclusive club.

Major Nikon

(36,827 posts)
93. When joint custody is not the default arrangement, the system will always favor women
Sun Jan 5, 2014, 12:50 AM
Jan 2014

Anyone, man or woman who requests joint custody should be granted that right unless there is compelling evidence of abuse. To say that women get screwed over by the system, while true, doesn't negate the reality that men get the shit end of the stick in the vast majority of cases.

The only state in the union even trying to pass such legislation is Massachusetts and the bill was authored by a woman, a Democrat, and has been sponsored by a majority of Democrats.

http://www.mass.gov/legis/bills/house/186/ht01pdf/ht01400.pdf

 

newcriminal

(2,190 posts)
105. I don't believe that.
Sun Jan 5, 2014, 01:07 AM
Jan 2014

The court favors the primary care giver. It just so happens that in a lot of the cases that is the mother.

"Anyone, man or woman who requests joint custody should be granted that right unless there is compelling evidence of abuse."

Joint legal custody maybe, but not joint physical custody.

Darkhawk32

(2,100 posts)
106. So a man that did the right thing and supported his family BEFORE the divorce,
Sun Jan 5, 2014, 01:11 AM
Jan 2014

is not an equal parent AFTER the divorce?

There's no logical basis for that argument. The woman's going to have to work (well, most of the time) to support themselves still just like the MAN did before hand.

Like I said, the man is the wallet in the courts eyes, nothing more, nothing less.

Thanks for proving my point.

 

newcriminal

(2,190 posts)
110. No, I didn't.
Sun Jan 5, 2014, 01:19 AM
Jan 2014

Most families are a two income family. Meaning the Mother and the Father work outside the home. The difference is the Mother even after working all day comes home and takes care of the children's needs much more often than the Father does.

If however the Father is the one that comes home after working all day and takes care of the children's needs then he is the primary care giver.

Whichever parent is the primary care giver is given an upper hand in court and should.

Darkhawk32

(2,100 posts)
114. So you're saying that men who worked before the divorce aren't equal parents
Sun Jan 5, 2014, 01:25 AM
Jan 2014

and that you're admitting a bias against men.

You've proven my point again.

Darkhawk32

(2,100 posts)
116. First, you've assumed that the father just isn't normally capable of being an equal parent
Sun Jan 5, 2014, 01:32 AM
Jan 2014

because he works. Or even if a woman, that she's not capable of being an equal parent.

Secondly, you've assumed that the man (or rare cases, woman) isn't capable of possibly changing his work schedule or routine to be the primary care giver and must be forever punished for playing a necessary and responsible role while married and that precious time with kids must be reduced because of fulfilling said responsibility to said parent.

Basically, you've summed up every evil in the family court system and stood by it. You're part of the problem.

 

newcriminal

(2,190 posts)
117. You obviously have had a bad experience with your custody battle and
Sun Jan 5, 2014, 01:44 AM
Jan 2014

are unwilling to see it any other way. You have totally misquoted what I said and are either unwilling or unable to listen to anyone that disagrees with you.

I am saying and was saying that the parent that was the primary care giver before the divorce is and should be given the upper hand in a custody case. As long as the child was well taken care of the parent that was providing the "care" should continue to provide the care.

What they do after the custody case is to late. If the one devoting their time, attention, love was the Mother then it should continue to be the Mother. If the one devoting their time, attention, love was the Father then it should continue to be the Father. If both parents give equal of their time, attention, love then they both have equal footing.

Darkhawk32

(2,100 posts)
118. I didn't misquote you at all. If the father worked, the mother should have the upper hand.
Sun Jan 5, 2014, 01:50 AM
Jan 2014

No she shouldn't! That's my whole point.

Parents are supposed to be equal. Period.

 

newcriminal

(2,190 posts)
121. Again I never said if the Father works the Mother should have the upper hand.
Sun Jan 5, 2014, 01:54 AM
Jan 2014

I said the primary care giver should have the upper hand. A Father can work and still be the primary care giver.

Major Nikon

(36,827 posts)
124. Both can be and often are primary care givers
Sun Jan 5, 2014, 02:43 AM
Jan 2014

Because each fulfills that role differently doesn't negate the contribution of either one.

Yes, joint physical custody should be the default. Anything else simply perpetuates patriarchal roles and denies the child equal access to both parents for no good reason.

 

msanthrope

(37,549 posts)
183. Joint physical should not be the default because it does not adequately address the needs of the
Sun Jan 5, 2014, 11:52 AM
Jan 2014

child.

Let's say you have a father who is working, a mother who is not working, and due to her addictions, or mental illness, the father is providing most of the care of the children---Let's say it's Dad who is getting them to school every single morning, doing most of housework, picking them up from daycare, etc....

Your regime would fail to take into account that family's routine, and who is providing the actual care for the kids. A system that looks at the last six months of the child's life and recognizes that custody arrangements should support the primary caretaker is much more just.

Custody is NOT about who gets their "fair share' of time--it's about what's fair for the child.

Major Nikon

(36,827 posts)
188. Default does not mean all other considerations are tossed into the wind
Sun Jan 5, 2014, 12:07 PM
Jan 2014

It just means the default shouldn't be with the parent who spent the most time with the child prior to the divorce.

Any child psychologist will tell you there are specific benefits which a child derives from each gender in a dual gender parental relationship. You are correct, it is about what's fair for the child. You just have a different idea regarding what that means.

Have a look at Massachusetts House Bill 1400 and explain what is wrong with it. People can and do change routines after a divorce. Basing primary custody on the arrangements made prior to the divorce is both unnecessarily prejudicial and wrong.

http://www.mass.gov/legis/bills/house/186/ht01pdf/ht01400.pdf

 

msanthrope

(37,549 posts)
189. But when you change the default, you but an unreasonable burden on the primary caregiver,
Sun Jan 5, 2014, 12:17 PM
Jan 2014

and the child.

In the hypo I gave you, the father would continue his routine with the children, retaining the primary home, and, setting up a custodial agreement that would allow a temporary visitation schedule. The children's routines would have minimal impact.

Under your proposed legislation, the father would then have to prove, by "written findings" that he should be retained as their primary caregiver.

Just imagine for a second the different legal burden, and frankly, the legal costs of that man---in the former, he walks into court and the presumption is that his children will be taken care of by the person who has been taking care of them. In the latter, he is walking into court and battling a presumption that each parent is fit and able to take care of them. He will now have to prove that she cannot. And it will be an uphill and costly battle.

Major Nikon

(36,827 posts)
190. You didn't describe why it's unreasonable
Sun Jan 5, 2014, 12:27 PM
Jan 2014

Neither parent would have to prove anything unless custody arrangements were contested. Not all parents want primary custody. For those that do they should be granted the opportunity for such arrangements.

Any parent should have to prove why the other parent should not be afforded the opportunity to share equally in the care of the child.

 

msanthrope

(37,549 posts)
202. First, a default that does not take into account the well-being of the child is patently
Sun Jan 5, 2014, 12:54 PM
Jan 2014

unreasonable to both the child, and the primary caregiver because it moves the focus of the arrangement off of the child, and to the parents. The focus of custody arrangements should be the actual, physical realities of what the child's living arrangement is, thus:

When considering the happiness and
welfare of the child, the court shall consider whether or not the child's present or past living conditions
adversely affect his physical, mental, moral or emotional health.


should not be stricken from the code.


You wrote:

Neither parent would have to prove anything unless custody arrangements were contested.


That's incorrect---
SECTION 6. Said section 31 is hereby further amended in the twelfth paragraph by inserting after the
words "A shared custody implementation plan issued or accepted by the court shall become part of the
judgment in the action, together with any other appropriate custody orders and orders regarding the
responsibility of the parties for the support of the child." the following new sentence:- The failure of one
or both parties, however, to submit a shared custody implementation plan for trial shall not diminish the
presumption of joint physical and joint legal custody, nor affect the child's right and the parents' rights to
frequent and continuing contact.


Under your proposed legislation, the mother in the hypo I gave you would not have to contest anything in order to be given an effective 'heckler's veto' of a custody plan that she didn't agree with. The father would have to take her to court at that point to prove his case. What you are then going to do is obligate the father to spend quite a bit of time and money proving what should have been a default--the best interests of the child.

Major Nikon

(36,827 posts)
220. Custodial orders don't even happen unless the parents can't work them out on their own
Sun Jan 5, 2014, 01:31 PM
Jan 2014

Even if the parents can't work them out on their own the vast majority of family court judges are going to order mediation to facilitate parents working out their own arrangements well before any court order goes into effect. Who on earth is going to get to the point at which a judge has to issue an order if joint custody arrangements aren't contested?

The very nature of divorce requires "actual, physical realities of what the child's living arrangement is", unless of course the parents decide to live in the same household, and if that's the case one has to wonder why custodial arrangements would be an issue in the first place.

I can give you all sorts of real life scenarios where the present system fails children. You seem to think arguing in a vacuum is relevant. Even if one places any relevance to your scenario, all it does is demonstrate the proposed changes are not without pitfalls. The current system most certainly isn't free from failing children. The only ones it seems to benefit universally are lawyers.

 

msanthrope

(37,549 posts)
229. I think you haven't read the law you are touting. And if you have read it, you haven't
Sun Jan 5, 2014, 02:39 PM
Jan 2014

understood the impact this will have on children's lives. I think it's because you underestimate the ability of the non-custodial parent to throw a monkey wrench into the proceedings....just because they can.

Again--you are advocating the change of focus from children's welfare to the need for 'equal' parenting. Ultimately, it will work an injustice to those children.

Major Nikon

(36,827 posts)
230. Do you actually think that isn't happening now?
Sun Jan 5, 2014, 03:02 PM
Jan 2014

Any parent who wants to throw a monkey wrench into the proceedings most certainly can do so now. If that's the point you are hanging your hat on, I can't say it's a good one.

All things being equal, equal parenting is in the best interest of the child. Do you really feel parents demand primary custody because they always have the best interests of the child in mind? They often (if not most often) do so for no other reason than to hurt the other spouse and/or to obligate them financially. Making shared custody the default addresses both of those issues. The status quo simply exacerbates them.

 

msanthrope

(37,549 posts)
234. Equal parenting is not always in the best interests of the child. Sorry....but it's not. You are
Sun Jan 5, 2014, 03:19 PM
Jan 2014

putting the cart before the horse in your reasoning, because you see 'shared parenting' as opposed to 'what is good for the child' as your end goal.

You've made a legal conclusion with no foundation: "equal parenting is in the best interest of the child." Really? It's in the best interest of a child to have their druggie parent be given the rebuttable presumption of shared custody?

It's in the best interests of a child to have the mother, who walked out 6 months ago to live with her new boyfriend be given the rebuttable presumption of shared parenting?

It's in the best interest of the child whose father is currently facing doing time to have the rebuttable presumption of shared custody?

No--what's in the best interest of the child is the presumption that NEITHER parent is presumed better because of gender, but the primary caretaker of the child has the rebuttable presumption of primary custody.

The end goal should not be the parents, but the CHILD. The legislation you tout gives really shitty parents quite the edge in court.

Major Nikon

(36,827 posts)
237. Anecdotal evidence is shit and you either already know it or should know it
Sun Jan 5, 2014, 04:34 PM
Jan 2014

For every example you give I can give one under the current dynamic that is equally wrong. Do we really need to go there? Sounds like a fool's errand to me.

All things being equal, shared parenting is what's good for the child. Now perhaps you have a different idea, but I have no idea what you are basing that on other than your own opinion and worthless anecdotal scenarios.

Shitty parents already have the edge in court. Women are more likely to abuse and neglect children according to the CDC and other state government agencies. Now certainly this reflects the reality that women are the primary caregivers most of the time and thus have more opportunities to be abusive. Were the gender roles reversed I'm quite sure those statistics would be reversed, however a shared parenting arrangement protects against one parent who is abusive who is actually more likely to be the primary caregiver than not. An abusive parent is going to think twice about abusing their child if they know they are going to be living with the other parent half the time. This is just one benefit to shared parenting. There are several more. Not only is the idea that the primary caregiver is always the best choice for the child not a good one, it also removes other benefits that having two fully functioning parents provide. You have offered no evidence (other than anecdotal) as to why it's in the best interest of the child to have one primary and one non-primary parent as the default, and it's not as if there isn't ample evidence to show why this isn't so.

 

msanthrope

(37,549 posts)
238. I didn't give you anecdotal evidence. I gave you valid hypos which underscore the bad law you tout.
Sun Jan 5, 2014, 04:53 PM
Jan 2014

Again--you put an ideal--- "equal parenting" that focuses on the rights of the parents before the concept that custody should reflect the best interests of the child.

You and I have very different goals. I want what's best for the child, and if "equal parenting" is that for a particular child, then great. You seem to be fixated on the goal of "equal parenting" in and of itself. As a default, it would be disastrous, and would only increase the number of court battles.

You wrote something that indicates you have no actual experience in family law:

however a shared parenting arrangement protects against one parent who is abusive who is actually more likely to be the primary caregiver than not. An abusive parent is going to think twice about abusing their child if they know they are going to be living with the other parent half the time.


No...no they are not. Abusive parents don't abuse LESS because they get MORE time with their kids!! An alcoholic is NOT going to drink less because the kids are with their Mom half the time. A meth user isn't going to use less because the kids are with their Dad half the time.


You cannot fix what you perceive to be a gender imbalance on the backs of children. They are the ones that lose.

Major Nikon

(36,827 posts)
239. Which is even worse than anecdotal evidence
Sun Jan 5, 2014, 05:20 PM
Jan 2014

At least with anecdotal evidence you have real situations which occur. The only difference is you're making up your own evidence.

Again--you put an ideal--- "equal parenting" that focuses on the rights of the parents before the concept that custody should reflect the best interests of the child.


Strawman. I'm positing that equal parenting is in the best interests of the child, which is no different than you positing the reverse. Pretending that my position is not in the best interest of the child just because you say it's not does not do your argument any good.

You wrote something that indicates you have no actual experience in family law:


So this is your proof?

No...no they are not. Abusive parents don't abuse LESS because they get MORE time with their kids!! An alcoholic is NOT going to drink less because the kids are with their Mom half the time. A meth user isn't going to use less because the kids are with their Dad half the time.


This is your opinion which is no more relevant than mine. Women are more than twice as likely as men to be perpetrators of child abuse. This is a statistical fact. If this isn't due to women spending more time with the kids, I think you have some serious explaining to do.

Here's another jewel found in that report. Men are half as likely to be perpetrators of abuse, and only half of those half were the biological father. This means that of all abusers, only 25% were the biological father. It doesn't work the same going the other way. 86% of all female abusers were the biological mother. This is the dynamic you want to maintain "on the backs of children".
 

msanthrope

(37,549 posts)
240. You are the one advocating for a change in law, it is you who must provide proof that
Sun Jan 5, 2014, 05:27 PM
Jan 2014

this would effectively serve the best interests of the child.

You seem to be making a convoluted case for this law by stating that women are child abusers, and that would not happen if more men had shared custody.

Kindly back that up.

Major Nikon

(36,827 posts)
245. How progressive of you
Sun Jan 5, 2014, 06:05 PM
Jan 2014
You seem to be making a convoluted case for this law by stating that women are child abusers, and that would not happen if more men had shared custody.

Kindly back that up.


That's not the case I am making. In fact, I specifically said if the gender roles were reversed I thought the statistics would be reversed. Please read what I write more carefully.

What I am saying is that the primary caregiver is not always the best parent and that kids are served best by equal parenting because both parents have distinct contributions to offer the child.

If you want evidence of this, you can start with what the APA said on the subject:

Best Interest of the Child Standard
The research that included child adjustment criteria concerning the study of joint custody will be used relevant to this issue. The two studies with the best methodology (Buchanan, Maccoby,&Dombush, 199 1; Burnett, 199 1) indicated that joint custody versus sole maternal custody was associated with adolescents’ positive adjustment. This finding was replicated for children by Abarbanel(l979). Greif (1979), and Luepnitz (1986) but not Johnston, Kline & Tschann (1989) and Kline, Tschann, Johnston & Wallerstein (1989). It is concluded that the present research supports joint custody for facilitating children’s adjustment. The above conclusion is supported by the more generalized research with optimal methodology concerning children’s divorce adjustment. Several studies found that increased and reliable visitation by the noncustodial parent (usually the father) predicted positive adjustment of children (e.g. Guidubaldi, Cleminshaw, Perry
& Nastasi, 1984; Hetherington, Cox & Cox, 1982; and Wallerstein & Kelly, 1980).

...

Conclusions
The research reviewed supports the conclusion that joint custody is associated with certain favorable outcomes for children including father involvement, best interest of the child for adjustment outcomes, child support, reduced relitigation costs, and sometimes reduced parental conflict. Kelly (1994) recommended joint custody for increasing the access of both parents which has consistently been shown to promote positive adjustment of children. Kelly (1994) also noted
that misinterpretation of research conclusions could be due to political distortion as reflected by the following statement:

The current practice of feminist writers and fathers’ rights groups to use a particular research finding to bolster a political or gender-linked point of view while ignoring other data makes it difficult for legislators, judges, attorneys or parents to obtain a balanced, informed view. (p. 128)
It is hoped that this report provides the Commission with a ‘balanced and informed view’ based on the empirical research evidence. The need for improved policy to reduce the present adversarial approach that has resulted in primarily sole maternal custody, limited father involvement and maladjustment of both children and parents is critical. Increased mediation, joint custody and parent education are supported for this policy. Comprehensive research on these topics with
effective methodology is also critically needed.

American Psychological Association. (1995). Preliminary summary: Empirical Research Describing Outcomes of Joint Custody.
 

msanthrope

(37,549 posts)
247. You are using a 20-year old study to justify precisely, what? What I am not understanding
Sun Jan 5, 2014, 06:24 PM
Jan 2014

is your claim "the primary caregiver is not the best parent." If they are not, then why are they the primary caregiver????

You see, when I used to do family law, this canard was often used. "She's not a fit Mom!" "He's not a fit Dad!" Really? They why is that parent given the childcare duties? Why are they the ones who have the children? Why is the person claiming to be a better parent unable to document their "better parenting?"

Many non-custodial parents fail to understand that family court is not there to grant rights and privileges they failed to exercise previously. If a primary caregiver is not fit BEFORE divorce to parent, then what was done about it?

Again--you haven't made an actual legal argument as to why presumptions should be changed.




Major Nikon

(36,827 posts)
248. Ad hominem, really?
Sun Jan 5, 2014, 07:48 PM
Jan 2014

The APA is considered authoritative in all sorts of legal arguments. Surely you must know this, yes? Who do you think is more authoritative on psychological evaluations on the best interests of the child? Lawyers?

The APA is saying joint custody is in the best interest of the child. They are specifically preparing this opinion for the sake of policy makers which they echoed in front of Congress. The APA is most certainly authoritative and if that's not a legal argument I'm curious as to what you think is. So far the best you have offered is the unsupported opinion of an anonymous DUer.

I don't know that the APA ever changed their thoughts on the subject and they were quite emphatic about it. The APA repeated it again here during their quarterly meeting in 1977:

“Be it resolved that the Council of Representatives recognizes officially and makes suitable promulgation of the fact that it is scientifically and psychologically baseless, as well as a violation of human rights, to discriminate against men because of their sex in assignment of children's custody, in adoption, in the staffing of child-care services, and personnel practices providing for parental leave in relation to childbirth and emergencies involving children and in similar laws and procedures have been repudiated. In their place is a broad political and scientific consensus that children need two parents."


They repeated it again here. You might note that this and the first one are meta reviews based on a number of studies.
the research reviewed here does not support claims by critics of joint custody that joint-custody children are likely to be exposed to more conflict or to be at greater risk of adjustment problems due to having to adjust to two households or feeling “torn” between parents. Joint-custody arrangements (whether legal or physical) do not appear, on average, to be harmful to any aspect of children’s well-being, and may in fact be beneficial. This suggests that courts should not discourage parents from attempting joint custody.


This is what the APA is telling psychologists in their most current family law guidelines:
The classic custody paradigm of sole custodian versus visiting parent is no longer assumed. Rather, many states recognize some form of "joint" or "shared" custody that affirms the decision-making and caretaking status of more than one adult.


Another university study found the same thing.
A study of 517 families with children ranging in age from 10.5 years to 18 years, across a four and a half year period. Measures were: assessed depression, deviance, school effort, and school grades. Children in joint physical custody arrangements were found to have better adjustment on these measures than those in sole custody.

http://www.questia.com/library/7257784/adolescents-after-divorce

The American Journal of Orthopsychiatry agreed
"Consistent with other studies of joint and sole custody [citations], our joint legal and residential non custodians were decidedly more involved with their children following divorce than were non custodians in sole custody arrangements. . . . Lastly, respondents in joint custody arrangements were more apt to perceive their exspouse as having a good relationship with the children and to report satisfaction with that person's performance as a parent."

" . . . conflict between divorcing parents in our sample did not appear to worsen as a result of the increased demand for interparental cooperation and communication in joint legal or joint residential custody arrangements. To the contrary, parents with sole maternal custody reported the greatest deterioration in the relationships over time."

J. Pearson and N. Thoennes,"Custody After Divorce: Demographic and Attitudinal Patterns", American Journal of Orthopsychiatry, Vol. 60, 1990.

Here's another doctor's opinion published in a Nebraska Law magazine which contains all sorts of cites:
http://www.acfc.org/acfc/assets/documents/Articles/Nebraska%20Lawyer%20Magazine.pdf

The same author published her findings in a peer reviewed journal:
http://www.acfc.org/acfc/assets/documents/research_pdf%27s/Nielsen_SP_Nov_2011.pdf










 

msanthrope

(37,549 posts)
249. I'm not disagreeing with you that shared parenting is a good thing when it is in the best interests
Sun Jan 5, 2014, 09:38 PM
Jan 2014

of the child. What you haven't proven though, is why the current law does not allow for this. (and let's be clear here....you've refused to restrict your argument to a particular jurisdiction.)

Show me WHY the current law is flawed. Are you saying that it is because it does not allow joint custody, or for its equivalent?

Major Nikon

(36,827 posts)
251. For most (if not all) jurisdictions, shared custody is not the default
Sun Jan 5, 2014, 11:16 PM
Jan 2014

I'm sure that joint custody is allowed in most, if not all jurisdictions, but it isn't the default.

I'm not disagreeing with you that primary custody arrangements aren't a good thing when they are in the best interests of the child either. I just think shared custody should be the norm unless there is a good reason to believe otherwise. If one, but not the other parent is an abuser, then shared custody may not be in the best interest of the child. There's all sorts of other reasons. If both parents want custody, shared parenting should be granted unless one parent can demonstrate why it shouldn't happen and there should be clear and concise rules on how that happens. All things being more or less equal, shared custody is in the best interest of the child which is why it should be the preferred option and nobody should have to pay a lawyer and a psychologist to prove it's the preferred option.

Darkhawk32

(2,100 posts)
163. That is a false equivalence.
Sun Jan 5, 2014, 10:30 AM
Jan 2014

Yes, there are times when women gets screwed over and there's not excuse for that.

But to proclaim the issue equal is a false equivalence.

GreenEyedLefty

(2,073 posts)
167. Please explain what you mean
Sun Jan 5, 2014, 10:36 AM
Jan 2014

When I read your words it sounds like you're saying my experience was exceptional. I'm saying it was not, and what I am saying is that it does not matter what your gender is, the system is the SAME ... I had to navigate the same exact system as men, enter the same child support system as men, I had to fight for visitation and deal with accusations of this and that in an effort to undermine my parenting time, just like men.

I had the same story as many men... except I'm not a man.

Darkhawk32

(2,100 posts)
184. It's true, the laws are written to be equal, but those same laws don't
Sun Jan 5, 2014, 11:58 AM
Jan 2014

oblige judges to apply them equally.

AtheistCrusader

(33,982 posts)
85. Anecdote.
Sun Jan 5, 2014, 12:47 AM
Jan 2014

Also, state laws vary. There's also plenty of women who've flat fucking given up ever trying to recover anything at all, and struggle through alone.

Darkhawk32

(2,100 posts)
101. The ones that want to participate in their child's life. The ones that don't mind paying a
Sun Jan 5, 2014, 01:02 AM
Jan 2014

reasonable percentage of their income in child support, the ones that actually want full or joint custody of their children.

You know, the anecdotes.

AtheistCrusader

(33,982 posts)
122. Exactly.
Sun Jan 5, 2014, 02:02 AM
Jan 2014

The anecdotes. Because you can't establish any of those metrics, versus how many are 'screwed' by 'the system' vs. those that are not screwn...

pnwmom

(108,978 posts)
138. Not really. Why should we believe this Faux article,
Sun Jan 5, 2014, 09:01 AM
Jan 2014

when we don't believe Faux on anything else?

The guy wasn't paying his child support on time and in full -- he was $3,000 in arrears. And he walked out of court when the judge was charging him with contempt - a "big no-no" -- that could explain the 6 month sentence.

And how can he complain about having to pay his ex's attorney fees? He owes that to her because she had to hire an attorney to get the child support paid.

 

Jim Lane

(11,175 posts)
253. I for one believe that Bush was busted for drunk driving.
Mon Jan 6, 2014, 01:44 PM
Jan 2014

That story was broken by a local Fox affiliate station. The point is that there's a difference between a local affiliate (like Fox 26 in Houston) and the centralized Fortress of Ultimate Darkness where Hannity and his ilk reign. A local station shouldn't be disparaged as a source just because it's a Fox affiliate.

That said, any local TV station, whether Fox or not, has a strong bias toward stories that can be overhyped and sensationalized. Also, a TV newcast has a much smaller news hole than does a newspaper or magazine. You can assume that there are plenty of nuances and complications that a TV newscast isn't bothering with. That's especially true where, as here, the story is of little intrinsic importance, but is being featured only because it will stir up viewers' emotions.

erpowers

(9,350 posts)
146. The Only Scam
Sun Jan 5, 2014, 10:03 AM
Jan 2014

The only scam in this case seems to be the guy in this case and the news channel doing the reporting. There is no proof that the guy overpaid on his child support. The judge ordered him to pay the attorney fees for the mother of the child. The man is never asked why he was found in contempt off court. He is also never asked why he decided to walk out of court.

Most likely this man being sent to jail has nothing to do with him paying his child support, or seeing his kid too much. It is likely he is just trying to get sympathy claiming to be a mistreated father and hoping the outpouring of support will force the judge to change her decision.

GreenEyedLefty

(2,073 posts)
154. Not just men, non-custodial parents in general.
Sun Jan 5, 2014, 10:14 AM
Jan 2014

I am a mom who did not have custody for several years... it isn't sunshine and roses on my side of the fence, trust me.

defacto7

(13,485 posts)
74. I think it's the American system.
Sun Jan 5, 2014, 12:28 AM
Jan 2014

It's not like this in many other countries as I understand it. My German wife tells me that in Europe the child's welfare is the only issue considered. There are no need for lawyers in almost all cases because the law has a strait forward predetermined set of rules for children and parents of divorce. That eliminates the parental bickering, usury and crazy TV antics. It's the child's welfare first and only. She says it seems to work. She was a child of divorce and there is no argument as far as parenting and money is concerned and basically the parents have no reason to argue; they know before they get divorced what their roll is. Since the system is more socialized the money is divvied up according to the rule before they get paid and it's not easy to hide, but then there's no reason to hide it. As I have seen it, it's usually pretty fair, no one starves or goes to jail unless a major crime is present. That's her story anyway.

ecstatic

(32,705 posts)
75. Sadly, some of you missed the point
Sun Jan 5, 2014, 12:28 AM
Jan 2014

Regardless of whether he received notice (or not), what good could possibly come out of putting this man in jail for 6 months? Jail should be reserved for the most egregious deadbeats, like the guy with 30 kids.

That child will be lucky if he ever receives a dime after this. It's not easy to get employment with a criminal record, which means no more checks. Not to mention, the child will feel abandoned when his/her father suddenly disappears from his/her life, due to being in jail. Disgusting. That judge should be fired.

 

1000words

(7,051 posts)
84. Thanks for introducing some rational thought
Sun Jan 5, 2014, 12:44 AM
Jan 2014

Predictably, the thread has devolved into a tiresome dynamic.

TxDemChem

(1,918 posts)
91. Why did I know it was in Texas before I even clicked the link.
Sun Jan 5, 2014, 12:49 AM
Jan 2014

Our system has some serious probs. I hope he sues.

TxDemChem

(1,918 posts)
134. I guess it shows up differently on my phone.
Sun Jan 5, 2014, 08:46 AM
Jan 2014

I always wondered if some text is truncated when viewing via mobile. Now I know!

Warpy

(111,267 posts)
130. I hope he's appealing
Sun Jan 5, 2014, 04:22 AM
Jan 2014

It sounds like he drew a judge who looked at his color and just rubberstamped "prison" because bigotry dictates all black men are scum who abandon their children. She likely didn't hear a word of testimony.

Appealing this one will get it thrown out quickly since the only color an appellate judge will see is black print on white paper when he reads the transcript.

The judge should be thrown off the bench in disgrace over this one. Sadly, that just never seems to happen.

pnwmom

(108,978 posts)
137. It says he walked out of court after she found him in contempt,
Sun Jan 5, 2014, 08:54 AM
Jan 2014

"which is a big no no."

It certainly is. And could explain the 6 month sentence. You don't leave court when the judge is about to pronounce sentence.

 

msanthrope

(37,549 posts)
186. He'll lose. He admits there was an arrearage and he is responsible for that. Further
Sun Jan 5, 2014, 12:03 PM
Jan 2014

there seems to have been some problem with his custodial pickups, and he walked out of the court.

What he needs to do is apologize to the court, and get a suspended sentence.

kdmorris

(5,649 posts)
143. I was all prepared to have sympathy for this guy
Sun Jan 5, 2014, 10:00 AM
Jan 2014

to agree that it was so fucked up...

But something isn't being said in this article...like why was he charged with contempt? He didn't get 180 days in jail for overpaying his child support, as the article claims. He got it for being an asshole in court.

 

msanthrope

(37,549 posts)
187. Carefully reading between the lines, this person was screwing around with the support and
Sun Jan 5, 2014, 12:06 PM
Jan 2014

it went on for a long time. So he probably thought he's head off the problem by paying the arrearages right before his court date. Think is, that still entitles his ex to sue for fees.

Laelth

(32,017 posts)
153. Lots of judicial discretion in family law cases.
Sun Jan 5, 2014, 10:11 AM
Jan 2014

I would hate to have been Mr. Hall's attorney. Talk about getting a bad result for your client. The attorney is going to feel responsible, even if she really wasn't.

Bad situation all around.

-Laelth

cthulu2016

(10,960 posts)
182. The article is obviously only part of the story
Sun Jan 5, 2014, 11:45 AM
Jan 2014

Which is, unfortunately, rather typical of outrage stories in GD

treestar

(82,383 posts)
193. Why does an entire system have to be a joke due to one failure?
Sun Jan 5, 2014, 12:40 PM
Jan 2014

This is taking perfectionism to absurd heights. Let's give up on everything then, as nothing is perfect.

As for the case, someone should look at the whole file first to see what actually happened in an objective way. Though domestic cases can be private. But getting both sides is out of the question?

Nine

(1,741 posts)
231. What a bunch of malarkey!
Sun Jan 5, 2014, 03:02 PM
Jan 2014

This didn't happen overnight. The guy was in arrears on child support and must have been for some time. He was not compliant with visitation orders. He was contemptuous in Court. By his own admission he only finally paid the amount in arrears to avoid going to jail. To spin this as the guy is going to jail because he overpaid and over-visited is just laughable. But DUers don't seem to mind latching onto a laughable Fox News story if it gives them a pretext to advance their own personal agendas - evil lawyers, family court systems that hate men, or whatever else can be tacked onto this non-story.

Calista241

(5,586 posts)
252. Support
Mon Jan 6, 2014, 12:43 AM
Jan 2014

What happens to his support requirement while he's in prison? Does it just go away, does it accumulate and he has to pay a lump sum after his release? What happens?

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