• Georgia Child Support Enforcement

    Separation or divorce is never easy on any of the parties involved. But it can be especially difficult if the non custodial parent is avoiding his responsibility of paying court ordered child support. If you happen to live in the state of Georgia and are having issues collecting the child support due to your child, you can receive assistance from the Georgia Child Support Enforcement Services.

    There is a website created for parents to visit which does a reasonably good job of answering most commonly asked questions regarding who to contact. There is also contact information available. You can get to this information by visiting Georgia.gov. Some of your questions can actually be answered right on the Georgia Child Support Enforcement Services website.

    One of the more impressive websites is The Child Support Web. com. This site links you to state child support offices, regional child support offices, as well as showing you child support guidelines. There is also information listed on deadbeat parents and how to collect the child support owed. This website is a goldmine of information regarding not only Georgia Child Support Enforcement Services, but all other states, as well. You will also find articles relevant to collection methods and how to find attorneys.

    These two websites provided the most information regarding Georgia Child Support Enforcement Services and this information was free as well as the services performed. There are also other organizations set up to help collect any back child support money owed to you, but there is usually a fee associated with these agencies. Supportkids.com is one such organization. These people seem quite dedicated to helping you collect your over due child support, but there is a fee for their services. It is based on contingency from the money they collect on your behalf. You will not have any out of pocket fees to utilize this service. The fees are decided on a case by case basis and you will be informed what your fee will be once you have filled out the online application.

    As you can see, if you are a resident of Georgia, there is hope. The Georgia Child Support Enforcement Services will provide you with all the help available to them, as they want your child to be cared for just as much as you do. In addition, if you choose one of the more reputable fee based agencies to help you, it may just be worth the fee to finally get this money your child deserves. If they are successful in collecting the money, even with the fee involved, it is more money than you had when you started.

    If you would like more information on Parenting subjects then visit the authors site here http://parentingadviceworld.com

    Why not visit the authors site today for lots of great Parenting Advice.

  • Child Support – Can Visitation Be Withheld If One Parent Doesn’t Pay it?

    Of all the threats one parent can make against another parent, the threat of keeping your child from you is likely the most painful. Angry parents will look for reasons to withhold visitation, but what do the courts say about it?

    The courts primary responsibility is to protect the best interest of the child. This means that regardless of child support covered medical expenses, daycare, alimony or any other financially binding items that one parent may owe another parent; this lack of payment cannot be used to keep the child from spending time with the other parent.

    Children’s rights to have visitation with both parents trumps just about everything but the child’s safety. In fact, this right is so highly regarded that if a parent deliberately withheld visitation it could be seen as jeopardizing the child’s relationship with the other parent and could be used as a “material change of circumstances” to revisit the question of who the custodial parent should be.

    This bears a bit more investigation to understand why visitation is deemed to be so important. A parent has the right to expect that court ordered, or agreed, child support will be paid on time. This financial transaction of “child support” is often attached to a lot of anger and bitterness between the parties. Money is used as a weapon between the parties. One parent claims they are paying the other parents bills, and another parent may use it to taunt, claiming the payment is justice for past transgressions. But did you notice what had no bearing whatsoever in this scenario, the child’s right to spend time with each parent.

    Now let’s get back to the courts obligation, protecting the best interest of the child. In the above situation, the child wasn’t involved in any way, only the money to support them. So why would a loving parent use the child as a weapon against the other parent? Only a parent whose hatred and bitterness outweighed the love of their child would act this way. If a parents’ bitterness outweighed their love enough to do something to hurt the child (keeping them from seeing their other parent) this could certainly be grounds to claim “material change of circumstances” and ask the court to revisit the custody order.

    It should be very clear now that while withholding child support is a serious offense, using the child as a weapon against it is a worse offense. No matter who the child’s parent is or what they do, the child has the right to have a relationship with them and interfering with that relationship, for any reason, is an extremely serious breach of the child’s rights.

    Ed Brooks knows firsthand how difficult “High Conflict” child custody battles can be. How devastating false allegations can be and the emotional toll they can take on both parents and children. He has created a forum where parents can go to share their experiences, ask advice, and look for support. http://www.child-custody-forum.com/

  • Child Custody Issues: What To Do When Your Ex Interferes With Visitations


    What is Interference with Visitation?

    After a high conflict custody battle, visitation disputes can linger on for years or even decades. Interference with visitation can take many forms. A parent can attempt to prevent visits. Interference can also take the form of one parent, usually the custodial parent, preventing any form of communication between the child and the non-custodial parent. Letters, phone calls and gifts can be kept from the child. Parents can also make share time difficult for the other parent by scheduling activities or appointments during scheduled visits.

    What can be done if my ex-spouse interferes with my parental rights?

    The courts have many remedies if your parenting rights have been violated by your ex-spouse. They include make-up visits for those visitations that were missed, and for the parent who violated the court-ordered visitation schedule: fines and even jail time. In extreme cases, the child custody court may even change custody of the children to you.

    The best strategy to avoid repeated interference with your specified share time is to require that all pick ups and drop offs of your children occur at the local police station. Chances are that the party who is denying you your time with your child will be less likely to act uncivilized if they have to conduct it at the police station. Additionally, if a parent fails to show up, then a police incident report can be prepared to document any violations of the court order. If you ever seek to extend your parental rights, a police report will have more weight than you simply telling the judge that you ex never showed up to visit your child.

    I never get to have visitations with my child. Do I still have to pay child support?

    The answer to this question is a definite “Yes”. Visitation and child support are two separate and distinct issues. Child custody courts frown upon parents who use either visitation or child support as leverage for the other. You must remember that the custodial parent has a moral and legal obligation to allow the non-custodial parent his or her court ordered visitations. As such, the non-custodial parent has a moral and legal obligation to pay child support. If your visitation and parental rights are being violated, then you must file a motion in family court, petitioning for enforcement. Never, never stop either visitation or child support, go through the proper channels.

    A non-custodial parent can petition the courts to have his or her child support payments placed in an escrow account, until any visitation or custody disputes are resolved. This method places financial pressure on the custodial parent who is interfering with visitation. They will not receive any financial support until they agree to let you have your visitations that you are entitled to.

    What are some practical tips to enforce my visitation rights?

    The most practical and important thing you can do to enforce your rights is to have a calendar and custody journal. When you are trying to pick up your child, have witnesses. If no one answers the door when you are scheduled to visit your child, drive to the nearest convenience station and make a small purchase, and keep the receipts. This will show that you were in the vicinity at the prescribed time. Have police on standby and request an incident report from them later if need be. Always make sure that all parties are clear on the date and time of the pick up time. Keep everything in writing and document all applicable information. Keep track of all written correspondences with the other parent. If after doing all this your ex still continues to interfere with you visitations, file a contempt motion against him or her.

    Are you involved in a child custody battle and are afraid of losing your kids? You can win more time with your kids using Custody X Change. For your FREE 30-day trial visit www.CustodyCenterOnline.com

  • Arkansas Child Support and Enforcement

    Child Support

    Arkansas child support is known to be administered under the Office of Child Support Enforcement. The (OCSE) is under the jurisdiction of the Division of Revenue, which is within the Department of Finance and Administration.

    Applying for Child Support

    Any parent who receives state assistance, such as Foster care or Transitional Employment Assistance will be automatically referred to the Office of Child Support Enforcement for any child support help. Child Support applications can be obtained through your local child support enforcement office or by calling the local number which is provided for you by clicking the link below. The Office of Child Support Enforcement aims to retrieve at least a partial amount of the actual cost of services that it provides to parents that are not in the Transitional Employment Assistance programs. These cost include: legal work done by an (OCSE) attorney, cost to establish paternity, and the expenses of locating the missing non-custodial parent.

    Enforcing Arkansas Child Support

    Child support laws, weather state or federal provides a numerous amount of tools and methods that Arkansas child support can us to collect and enforce child support laws. These methods include: income withholding, property liens, unemployment compensations deducted, reporting any debt to the credit bureaus, the suspensions of drivers licenses etc. These methods will be enforced on any non-custodial parent who is behind are refuses to pay child support.

    Modifying Arkansas Child Support

    Over the years child support orders may need to be modified due to a change in life styles. The OCSE office can provides assistance with these procedures. You may also modify a child support order and have it terminated if the child no longer needs support.

    In today’s world, child support plays an important role in the custodial parent and child’s life. Child support payments assist the custodial parents to provide and nurture their children. Child support payments help pay for food, clothes and anything else the child may need to survive and live a health live. For more information on Arkansas Child Support, please click the links below.

    http://www.child-support-laws-state-by-state.com

    http://www.child-support-laws-state-by-state.com/arkansas-child-support.html

    http://www.articlecity.com/articles/legal/article_643.shtml

  • Problems with the Georgia Office of Child Support Services (OCSS)

    Repoprting =The Voice of the American People – watch more funny videos

    The Georgia Court ordered child support to be paid starting immediately. No child support was forthcoming for nearly a year. The Georgia Office Of Child Support Services was contacted and their response was that they would have to send a letter. It took about two weeks for the letter to get out, then they waited 30 days for a response. No response, so they sent another letter stating that support must be forthcoming or driver’s license would be suspended. Deadbeat paid $130.00 out of thousands owed and, according to the “rules,” this staved off any further action by the Georgia Office Of Child Support Services for at least another 30 days. Another thirty days and still no more money is paid. Contact the Georgia Office Of Child Support Services. They will send another letter. Here we go around the mulberry bush. On the 30th day, according to a letter received from the Georgia Office Of Child Support Services, the deadbeat completes a form to have the child support deducted from each paycheck, so no action can be taken. “This process can take up to 6 weeks,” according to the letter.

    So, let’s do some math, beginning from the first call to the Georgia Office Of Child Support Services: 2 weeks to get the first letter out + 30 days to wait a response + plus another 2 weeks for another letter to go out + another 30 days to wait a>

    Of course, no payment is forthcoming, so we take another walk around the block. Call the Georgia Office Of Child Support Services. Seems they have no record of the document arranging for withholding from the deadbeat’s paycheck. “We’ll send him a letter.” A call to the region’s director’s office stating that it seems quite odd that there is suddenly no form and that there is the possibility that the deadbeat has friends in the department, given his previous employment history and local relationships. Response: “We’ll look into it.” Dear saints preserve us. No wonder so many single parents are so p****d off! Another 2 weeks, plus 30 days, plus another 2 weeks, plus another 30we’ll look into it”? We don’t know what happened, but we have sent another letter. 292>

    Well thanks for all the help oh great Georgia Office Of Child Support Services, established to ensure children receive the support they are entitled to and the care that support provides. It is now time to get a lawyer, provided the custodial parent can afford one, because if you wait for the Georgia Office Of Child Support Services to do anything the kid will be grown and have children of his or her own. Oh, and once the child reaches age 18, good luck in trying to acquire any of that back support. It’s no longer a priority-as if it every was?

    Did this do any good? Well, it does seem at times to be an endless battle. Find a lawyer, the lawyer gets a bunch of money up front-that the custodial parent has to borrow from friends, family, loan sharks-the lawyer eventually files a motion with the court. Court has to serve the deadbeat with the motion papers-if they can find him or her. This particular deadbeat, who was at the time living with a local Sheriff’s Department Deputy, could not be found to be serve. Hum? He didn’t live there anymore. So time marched on without child support. Lawyer finally found a work address for the deadbeat and he was served at work-and immediately fired because his job did not allow for him to be in contempt of a court order. Finally, almost 60 days later, we can proceed. Oh, but you can’t just go to court. You have to go to arbitration first. AND, if there wasn’t enough insult and injury being done to the custodial parent, the custodial parent has to pay 50% of the arbitration fee. Needless to say, this was money wasted and a court date had to be set. Another 30 days roll by where a child has to go without, because his non-custodial parent is too lazy, vindictive or just plain mean to pay child support. We are talking years now since the original court order for support was issued.

    The day in court arrives. Deadbeat is order to pay starting immediately. Is ordered to pay 50% of custodial parent’s legal fees. Judge doesn’t want to hear his excuses. Finally! Oh, no. Nothing has really happened. The system just begins to grind again and the deadbeat, who knows full well how to work the system, uses it to his advantage. No child support is forthcoming. Call the Georgia Office Of Child Support Services. They will send a letter; it will take two weeks, then 30 days for a response. Is this de ja vu? Oh, we get another one of those letters that state the deadbeat has arranged for withdrawals from his pay-it will take up to 6 weeks to process. Deadbeat has 30 days to pay the 50% legal fee to the custodial parent. Of course, he doesn’t. Call the lawyer. “We’ll have to send him a letter. He will have 30 days to respond. If he doesn’t, we can petition the court…”

    What is wrong with this picture? This system is flawed in a big way. The custodial parent has to work really hard to get the Georgia Office Of Child Support Services to do anything and even then there is no guarantee they will do anything. Is the system corrupt or just inept?

    Once the court orders support to be paid, it should be forthcoming without any intervention. However, since we live in the real world, not utopia, there should be a more effective and less bureaucratic system in place to ensure support payments are made. Once the court orders support, the individual should be required to supply the court with the name, address and contact number of his or her current employer. If he or she changes jobs during the period of court ordered support they should be required to notify the court of the new information or be fined or imprisoned for failure to comply. There should be a single letter of warning sent to the last known address of the parent ordered to pay support and to the last known employer address of the parent. If the individual does not respond, his or her wages should be immediately garnished by the State for the amount of child support and given to the custodial parent. Any Federal or State tax refunds due the deadbeat parent should be automatically seized and given to the custodial parent. If the parent ordered to pay support is no longer employed by the employer of record, a warrant should be issued for failure to provide the court with current information. Once the parent is located and a new job is identified, the parent should be required to establish a withholding from his pay with his employer from that point forward, since he or she has proved that he or she is unreliable. They are unemployed? Grab that unemployment check. Put them to work for the state. Make them perform community service. Don’t let them walk away from their responsibility. Take a proactive approach instead of the passive insipid approaches currently in force.

    The parents are the ones with the problems, whatever they are and whoever was at fault is a non-issue when it comes to child support. The child should not have to go without food, housing, clothing, medical treatment, prescriptions or school supplies because we have built a big machine that employs marginally capable people with a whole lot of attitude, very little respect and absolutely no sense of ownership for the problem. OK, I guess there may be some people in the Georgia Office Of Child Support Services who actually care about the people they “serve.” Unfortunately, I haven’t met them, talked with them or observed them. Someday when you don’t have a whole lot to do, stop in at your local Georgia Office Of Child Support Services. Take a look around the lobby and a look at the people behind the desks. Is the air charged with antagonism? Does everyone look tired and unhappy? Do you see frustration, anger, tears?

    It is not always easy to find phone numbers where you can talk to a person instead of an answering machine, where your message becomes just call number 2,242 and may or may not ever be returned. Go to the website in the reference URLs below. The Georgia Office Of Child Support Services is part of the Georgia Department of Human Resources (thus the abbreviation DHR on the envelopes you may see). Click on the customer service link. As of this writing, the first thing you will see on that page is a Contact Center Apology. They admit you may have received busy signals, dropped calls or other inconvenience in using the contact center number. If you look lower on the page you will see that you can contact them via the Internet. Do yourself a favor and use this option. First reason is that you don’t have to wait on the phone or wait for a return phone call. You can immediately state your case and it becomes a permanent document within the system. No one can say you didn’t call or speak to anyone. If you don’t have a computer, go to the public library. If you need an email address, simply go to Yahoo and set one up. The librarian should be able to help you, if you don’t understand how to use the Internet.

    If you already have a case number, you can use the Constituent Services Portal link in the middle paragraph, just under the apology. You can email information through the link in the bottom middle paragraph, if you do not yet have a case number. You can find the number for your local office by using the local office link about half way down the middle of the page. Locating your specific region office can be tricky. I have found information using the office locator to be unreliable at times (probably something funky in the search data). If you can’t find your region, just start calling regions and…if you get a human on the phone, ask them for the location and phone number for your local office. Do not let them tell you, “I don’t know”. Insist on an answer and request a supervisor or manager, if they give you any flack about “We don’t have that number.” Bologna! They can find it.

    If you find yourself inside this bureaucracy, the worst thing you can do is give up. Do not suffer in silence. Make your presence know, daily if necessary. Unfortunately, until things change, if you want to get anything accomplished, you must be aggressive. If your local office is giving you the run around, find the phone number for the district or regional manager’s office and insist on speaking with someone in authority, not just a desk jockey. If you receive a letter that says there will be payroll deductions for the child support, mark the 6 weeks on the calendar. If you don’t receive money, call them again. Insist that they take responsibility for the paperwork they issue and the paperwork in and under their control.

    Document every call writing down the day, the time and the individual to whom you spoke or the fact that you left a message. Keep a copy of every email correspondence and letter you send and receive. When you have something in black and white, it is harder for them to deny its existence.

    Through all of this aggravation and the money problems and pressure this type of situation can cause, it is important to try to maintain your control and composure. Don’t yell at them, don’t curse at them, just be firm. “I want to speak to a supervisor or a manager.” “Give me the number for your district or regional manager.” Take every opportunity to remind them of the words from their website, “The Georgia Department of Human Resources, Office of Child Support Services (OCSS) helps children by enforcing parental responsibility to pay financial support.”

    This author has experienced both sides of the child support issue and it can be a very emotional issue, when one is in the thick of it. However, the system does seem to be designed to overly complicate a simple matter of compliance. The fact that parents sometimes use the system, as a means of punishing each other, may be one of the reasons the system has become so complex. The fact that so few couples stay together has created an explosion of child support cases. The system is burdened and the machinery is broken. It is time to take a look at the real objective of this organization (meeting the child’s needs) and find ways to meet that objective in the shortest amount of time with the least amount of paperwork. This organization should be serving children, not parents, politicians or the “government machine.”

    As of this writing, there may be some needed changes under way. The Georgia Office Of Child Support Services is supposedly adding more staff and phone lines. In Clayton County, recently, police were going door-to-door arresting deadbeat dads. Maybe the Georgia Office Of Child Support Services is headed in a new direction. One can only hope improvements will come from the addition of staff and the changes in policy. Heaven help the child, if our tax dollars are simply feeding the cumbersome “machine” and throwing more un or under unskilled bodies at the problem. Here’s hoping!

    P.S. If for no other reason than to know you are not alone and that others may be in even worse circumstances than you are, check out the link for Most Wanted Evaders in the left hand column of the Georgia Office Of Child Support Services webpage. According to that page, John L. owed $95,225.00 in child support for 5 children as of 11/02/2007.

    A broad perspective on life and people makes Morgan a versatile writer. She is a fan of fiction and a ferret with research, having a knack for finding facts under the fiction. She enjoys a challenge. Say it…  View profile

  • Arrested for Failure to Pay Child Support?

    In the United States, failure to pay child support is actionable within both the criminal and civil courts, and is considered a serious offense. If you owe child support to the other parent of your child, and you haven’t bothered to send a payment in six months, you might very well be arrested. Although police rarely actively pursue those who fail to pay child support, they will take the opportunity if it presents itself.

    Some critics consider it counter-productive to arrest men and women for failure to pay child support, but it seems to be the only option. It might be more difficult to pay what they owe while they are locked up, but when an individual owes $40,000 in arrears, it is doubtful that he ever intends to pay. For this reason, prison seems to be the only appropriate solution.

    However, you should know that if you are arrested for failure to pay child support, it does not erase the debt you owe. In fact, many judges apply a condition of release to those who are imprisoned for not paying, and give them an amount they must pay before they can get out. For example, if a father owes $10,000 to the mother of his child, he may be put in prison until he can come up with $5,000.

    There are, of course, situations in which warrants are issued for delinquent parents who are simply unable to come up with their monetary obligations each month. If a parent is arrested for failure to pay child support, he is able to present his financial situation before the court. If he can provide adequate proof that he is unable to pay what he owes, many jurisdictions require that he be released from prison. Of course, the burden of proof falls on the parent alone.

    If you are unable to pay child support, the best thing you can do is go to court and ask for a modification hearing. Through this process, you can request a modification of your child support obligations, depending on your financial situation and the money to which you have access. Such a hearing will not get you out of paying support, but it can lessen the burden and make your obligations easier to handle. The problem is that most “deadbeat parents” never go to court.

    Many jurisdictions use “Pay or Appear” warrants to encourage the payment of child support. When such a warrant is issued, the defendant has the option of making good on what he or she owes before the date of appearance, or he or she will have to show up in court and go to prison. Otherwise, a bench warrant is issued and he or she can be arrested on the spot by any officer he or she encounters.

    If you are arrested for failure to pay child support, it is in your best interests to make good on what you owe immediately. This might mean asking friends or family members for loans, or dipping into your savings, or even using a credit card. However, your options may be limited from the inside of a jail cell, so it’s important to take care of it before it proceeds this far.

    In some states, parents owe child support directly to the state government rather than to the parent. If this is the case in your situation, serving time in jail can pay off some of what you owe. You’ll have to talk to an attorney about your options.

    Steve is a full-time freelance writer. In addition to the more than 3,000 articles he s written for AC, he has also written articles and other materials for more than 100 happy clients. He enjoys writing abo…  View profile

  • Calculating Georgia Child Support

    With the estimated cost to raise a child hovering around $200,000 according to some sources, Georgia courts have been vigilant in enforcing child support laws. In 2007, new laws went into effect based on the “shared income” model that had been adopted by other states. In short, if the mother, in this case the custodial parent, makes $2,000 a month and the father makes $8,000 a month, the father would be responsible for 80 percent of the child’s expenses. The Georgia child support changes were made to equal the playing field between parents. For example, even if the mother (the custodial) parent, made more than the father, often he would still be forced to pay a large amount of support based on his income since hers was not considered. By including the income of both parents, lawmakers hoped the cost of raising the child would be shared more equally by both parents.

    Determining Child Support for Divorcing Parents

    When going through a divorce, both parents will fill out a worksheet and schedule. The parents will provide several documents to the court to determine the amount of child support, including but not limited to:

    • Proof of income which could include paycheck stubs or income tax returns
    • Estimated medical and day care costs
    • Health insurance options for the child
    • Special expenses (summer camps, extracurricular activities)
    • A personal budget showing the parent’s other expenses.

    The support amount will be set by the judge based on the reports and the state guidelines. Georgia child support is paid through payroll deduction in most cases. Child support payments are made to the Georgia Family Support Registry.

    What Happens If a Parent Doesn’t Pay?

    Failure to pay child support is considered contempt of court. The state has several ways to collect back child support including:

    • Seizing the parent’s tax refunds
    • Placing a lien on bank accounts
    • Intercepting lottery winnings
    • Revoking driver’s license
    • Reporting the arrears to the credit bureau
    • In extreme cases, the parent may be jailed for failure to pay child support.

    Paternity and Child Support

    Mothers who were never married to their child’s father will have to establish paternity before child support can be collected unless the father signed a voluntary paternity agreement. In some cases, these fathers must be located. A DNA test can be conducted by the Georgia Office of Child Support Services. If it is determined that the man is the father or cannot be excluded as the father, the mother can file a case for support with the state’s child support office.

    Finally, fathers are not the only ones who are required to pay child support. Mothers who do not have custody are also required to support their children financially.

    Michael Waddington is a trial attorney that has been quoted by hundreds of major media sources to include USA Today, Washington Post, New York Times, Newsweek, Fox News, Fox and Friends, CNN, MSNBC, CBS News, ABC News and many others. He is the founder of the legal marketing firm, Legal Niche Pros, LLC. Learn more about Georgia family law at one of his sites: Savannah GA Child Support and Divorce Lawyer

  • Stop Paying Child Support

    To be fair, and all that saintly stuff, I’m going to tell the custodial parents (parents the child lives with) not getting their child support checks how to go about receiving payments, and then follow up with ways to stop paying child support. So do me a favor and read along. For those tired of paying child support, this may give you a bit of information on what to look out for. Keep reading for the sake of your pockets and the injustice of it all.

    Bills getting backed up again? Landlord screaming, “Where’s my rent?” What’s the first thing you think about? “Where’s my child support check?!” Believe me, I understand. Having to pay for extracurricular activities, doctor bills, the bare necessities, overall making ends meet, is a tiresome practice of tight rope walking, and so stressful that the person owning child support seems to think that there’s no need to pay right away, or not at all. I think that there is a belief that the owed parent, possibly has an overseas bank account full of millions,and that every time a bill is due that they are able to send off to their imaginary accountant to handle the disbursement of funds.

    If you’re tired of wondering where the child support is, here are some ways to make sure your money is on the table when you want it.

    Abandonment Warrant – You see some people may believe that this is just for when a parent doesn’t visit with a child. Not so. An abandonment warrant enforces the payment of child support, based on the non-receipt of child support for 30 days. The place to get the warrant is the Magistrate Court within the county in which the child lives. This order normally gives the delinquent parent 30 more days, before the court date occurs. If it is found that the noncustodial parent (parent child does not reside with), has not paid child support by the day of court that person is arrested and immediately taken into custody. Keep in mind, I’m NOT an attorney, however I am very well versed on abandonment warrant filing, being that I’ve been through it before. Now, here’s the pitfall, the deadbeat parent can trick you and pay before the court date each time you file one, therefore foregoing being arrested. But don’t you worry your little head there are other options. The downfall to the abandonment warrant, is that you may not receive child support payment for a long time if the delinquent party is arrested when going this particular route.

    Contempt of a Court Order – This is for those who have a court order stating that the opposite parent, need to pay a certain amount in support each month. Let’s say you’ve tried the abandonment warrant, or you didn’t even bother, because the contempt of court order grabbed your eye like a bee to honey, that’s fine. This order is similar to the abandonment warrant, except the thing that you need to prove, is that the delinquent parent is not paying child support as the court has ordered. If you have tried an abandonment warrant, and the delinquent parent only has made payments when a court date arrives, then you have proof that the only time the delinquent parent pays, is when summoned to court. To sum it up if the owing party still has an arrearage then more than likely they will be arrested and not released until the arrearage balance is met. In other words the greatest benefit is if the party owing enjoys their freedom they will make a way to pay, sort of like bonding out.

    Child Support Enforcement – Always, I repeat ALWAYS stay on top of the payment transactions made. Request the payment history on your account because as much as we trust our technological world, neither computers nor people are foolproof. Child Support Enforcement is there to help in times that there are arrearage balances. So if you have a parent owing child support over thirty days, then by all means, call and find out what has been done to correct the situation. An IDO known as Income Deduction can be requested if you have the employment information needed on the delinquent individual. Enforcement will send a letter of delinquency to the individual owing, and normally if payment goes over two months in arrearage, their drivers license will begin the process of being suspended, by the enforcement agencies legal department. If suspending the drivers license does not work, than I advise the delinquent party to look out because soon a request for their arrest will be filed. Refer to your state guidelines on enforcing child support.

    Property Lien - Property Lien is a beautiful option that not many people know about. Keep in mind, that you have to have a court order, and the individual has to be behind in their payments, before using this particular tactic. Also, you pretty much have to have your ducks in a row in regards to what property is owned, for example: land, real estate, etc. You can then go to the court and get assistance in filling out the forms necessary for placing a lien on the delinquent party’s property. This means that they can not. CAN NOT, sell their property because you have placed a lien on their property.

    Refer to your state’s guidelines for Property liens.

    To sum it up, you do have choices to enforce that you receive child support payments and not struggle alone financially. If you worry about the delinquent parent quitting their job so that they don’t have to pay, judges don’t care anymore they need to make an effort.

    NOW, for those who have been waiting for the ultimate secret for not paying child support here is the information you need.

    1. If you do not have a job, go to the library and go online and search for job opportunities in your city.

    2. Don’t waste your time not paying.

    3. If you do number 1, then you are well on your way to not needing to skip paying child support.

    4. If you do number 2, then I’ll assure you that it won’t be long, before you walk down the white corridors of a courthouse, leading to holding area for jail with spiffy new bracelets on.

    5. In other words stop reading this article and get a job, there is no way to relinquish your responsibility, if the party owed or the state isn’t willing to let you.

    I am not an attorney; therefore the information given is through over four years of study and experience. always, check your state laws and child support enforcement to know your options.

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  • Representing Yourself In A Divorce

    Divorce is not only an emotional time, but a financially challenging one as well. Each spouse has to adjust to not having another income to help pay the mortgage, grocery bills and utilities. Even in cases where a wife or husband is awarded alimony or child support in a Georgia divorce, the amount still may not be enough to keep them in the lifestyle they were used to living.

    One of the most, if not the most, expensive aspects of divorce are the attorneys fees. For that reason some spouses consider going pro se and represent themselves in court. Many people have filed Georgia pro se divorces. However, any spouse should consider if he or she is prepared to handle the following issues on their own:

    • Child custody, child support and visitation. Unfortunately in many cases children get caught up in the divorce battles. Even in the best cases, the spouses fight over custody because both are truly good parents and each wants custody of the children. If you believe you are the better parent, do you know how to prove that to the court? Can you defend yourself is saddled with a large child support payment? Who will be responsible for the child’s health insurance?

    • Division of the assets. If you were married for many years you have likely accumulated many assets. Are you and your former spouse in agreement as to how to split up those assets? If there is a house, who gets the house or will it be sold? What about the car? Who is responsible for any outstanding payments on the house or car? Don’t forget about retirement assets and any other type of savings.

    • Are there allegations of abuse or infidelity? Can you defend yourself against these allegations?

    In reality, even in the friendliest of divorces a Georgia divorce attorney can help sort through the complex legal issues. Until a person is faced with a divorce, he or she may not even know where to go to file the initial paperwork; much less prepare a case if there is a hearing. Simply put, you wouldn’t try performing your own root canal—you would go to a dentist. If you are going through a divorce, you need an attorney who understands the law. Chances are your soon-to-be former spouse has an attorney representing their interests. You could save some money by representing yourself but the long-term financial repercussions could cost you much more.

    http://www.articledashboard.com/Article/Representing-Yourself-in-a-Divorce/1112251

  • Unallocated alimony and child support can be all taxable/deductible alimony.

    payee The person who is to receive the stated amount of money on a check, bill, or note.

    payee n. the one named on a check or promissory note to receive payment.

    PAYEE. The person in whose favor a bill of exchange is made payable.  and hereafter In the future.

    The term hereafter is always used to indicate a future time—to the exclusion of both the past and present—in legal documents, statutes, and other similar papers.  ”taxable/deductible”]. Child support is not taxable/deductible. (1) To qualify as taxable/deductible alimony, a stream of payments must be cash (2) received by or on behalf of a spouse (3) under a divorce or separation instrument (4) which does not tax bracket Tax Bracket

    The rate at which an individual is taxed due to a particular income level.

    Notes:

    Each income class is taxed at a different level. Generally, the more you make the more you are taxed. . Consequently, an unallocated payment order not only frees the parents from restrictive court instructions that domestic relations domestic relations. For psychological and sociological aspects, see marriage. For legal aspects, see divorce; husband and wife; parent and child.  cases to encourage sensible cash-flow planning between separated spouses. If used correctly, the technique enables the parties to achieve a higher net transfer of funds to the payee spouse because the payor spouse, who is generally in a higher tax bracket, reaps an economic benefit from the larger Plantation, Florida This article is about the city in Broward County. For other uses of Plantation, Florida, see Plantation, Florida (disambiguation).

    Plantation is a city in Broward County, Florida in the United States. , demonstrating a tax savings using family support.)

    As to the code spousal support spousal support n. payment for support of an ex-spouse (or a spouse while a divorce is pending) ordered by the court. More commonly called alimony, spousal support is the term used in California and a few other states as part of new non-confrontational language (such  and child support is all allowable as taxable/deductible alimony because it does not “fix” an amount for child support.

    Florida courts have recognized this form of support. In DCA (1) (Document Content Architecture) IBM file formats for text documents. DCA/RFT (Revisable-Form Text) is the primary format and can be edited. DCA/FFT (Final-Form Text) has been formatted for a particular output device and cannot be changed.  2003), articulated that

    unallocated support awards of alimony and child support have been approved in undifferentiated undifferentiated /un·dif·fer·en·ti·at·ed/ (un-dif?er-en´she-at-ed) anaplastic.

    un·dif·fer·en·ti·at·ed

    adj.

    Having no special structure or function; primitive; embryonic.  temporary alimony and support of $10,000 per month).

    In Wallace v. Wallace, 605 So. 2d 504 (Fla. 4th DCA 1992), the court guidelines guidelines,

    n.pl a set of standards, criteria, or specifications to be used or followed in the performance of certain tasks. . (12)

    Lawton v. Commissioner, T.C. Memo 1999-243, held child support guidelines do not fix a portion of an unallocated temporary award of support as “child support.” In Lawton, the court dealt with a Pennsylvania court’s temporary order “for support of spouse and one child” (unallocated temporary support for the wife and child). The court rejected the wife’s argument that a portion of the payments were not alimony taxable to her because all awards for support must pendency Pend´en`cy

    n. 1. The quality or state of being pendent or suspended.

    2. The quality or state of being undecided, or in continuance; suspense; as, the pendency of a suit s>.  of the proceedings, or thereafter, shall cease upon the death of payee spouse. The problem arises when there must be reliance upon state law.

    In Florida, case law holds that the obligation to pay permanent periodic alimony (spousal support) ceases on the death of the payee. (14) There is no authority in Florida as to cessation of liability for unallocated alimony and child support on the death of the payee. There is a major conflict of authorities concerning this issue.

    Unallocated Alimony and Child Support Not Taxable/ Deductible.

    Several cases in which the payment of family support did not qualify as taxable/deductible alimony are explored below.

    Murphy v. Commissioner, T.C. Memo 1996-258, involved an award of family support in a California divorce. The Tax Court observed that the petitioner/ex-husband had the burden to prove that remarriage Re`mar´riage   

    n. 1. A second or repeated marriage.

    Noun 1. remarriage – the act of marrying again  or death of insufficient evidence insufficient evidence n. a finding (decision) by a trial judge or an appeals court that the prosecution in a criminal case or a plaintiff in a lawsuit has not proved the case because the attorney did not present enough convincing evidence.  for us to find that the marital payments would not have survived the death of Diane Murphy before the majority of the children in her custody. Thus, Ronald Murphy has failed to prove a necessary element of section 71(b)(1), viz, the subparagraph (D) requirement of cessation on the death of the payee spouse, and, consequently, he has failed to prove that the marital payments are alimony within the meaning of section 71(b). (15)

    Wells v. Commissioner, T.C. Memo 1998-2, also dealt with a California divorce. Citing Murphy, the court’s rationale that family support would not cease upon the death of the ex-wife because “assuming a Colorado Supreme Court The Colorado Supreme Court is the highest court in the U.S. state of Colorado. It consists of a Chief Justice and six Associate Justices. Powers and duties

    Appellate jurisdiction  would hold that temporary orders providing for child support payments, even when included within a general unallocated payment obligation, do survive the death of the recipient spouse.

    Love joy bore the burden of proving that his obligation to make unallocated payments would cease upon his ex-spouse’s death. Because the divorce court orders are silent and Colorado law is at best unclear on the issue, and likely contrary to Lovejoy’s position, he has failed to meet his burden.

    Gonzales v. Commissioner, T.C. Memo 1999-332, involved deduction deduction, in logic, form of inference such that the conclusion must be true if the premises are true. For example, if we know that all men have two legs and that John is a man, it is then logical to deduce that John has two legs.  to the husband for alimony payments because it ruled “New Jersey law would not necessarily have relieved Dr. Gonzales of his obligation to pay family support had [the wife] died before the divorce judgment” because he would not necessarily have been awarded custody of his minor children. In a bolstered bol·ster  

    n.

    A long narrow pillow or cushion.

    tr.v. bol·stered, bol·ster·ing, bol·sters

    1. To support or prop up with or as if with a long narrow pillow or cushion.

    2.  its opinion by referring to cases heretofore cited stating, “[t]his holding comports with our conclusions reached in prior opinions addressing the interplay in·ter·play  

    n.

    Reciprocal action and reaction; interaction.

    intr.v. in·ter·played, in·ter·play·ing, in·ter·plays

    To act or react on each other; interact.  between section 71(b) and section 71(c) and their importance in distinguishing between alimony, child support and property settlement payments for the purpose of tax treatment.

    The Tax Court analyzed an·a·lyze  

    tr.v. an·a·lyzed, an·a·lyz·ing, an·a·lyz·es

    1. To examine methodically by separating into parts and studying their interrelations.

    2. Chemistry To make a chemical analysis of.

    3.  most of the foregoing cases: Both cases holding that the liability for payments of unallocated alimony and child support would not cease by state law upon the death of the payee, and those holding otherwise. (21)

    The Berry court concluded that the liability for family support by a California court would terminate on the payee’s death while admitting that the cases dealing with California law are conflicting. Commenting upon the Wells decision, the court said:

    We reject the notion that one must assume a worst case scenario (under which someone other than the payor spouse would take custody of the children upon the death of the payee spouse) in determining the applicability of the substitute payment clause of section 71(b)(1)(D) to an unallocated support obligation. Accordingly, we hold that a payor spouse’s general [s]tate law obligation to support his or her children, without more, does not cause any or all of that spouse’s unallocated support obligation to fail to qualify as alimony by reason of the substitute payment clause of section 71(b)(1)(D). (22)

    Provide in Writing That Liability Ceases

    The case authorities are admittedly in conflict. Unpublished circuit court opinions are not binding. Tax Court ordinarily or·di·nar·i·ly  

    adv.

    1. As a general rule; usually: ordinarily home by six.

    2. In the commonplace or usual manner: ordinarily dressed pedestrians on the street.  are limited to that case, and although readily cited, are supposed to have no value as precedent. Only rulings from the Tenth Circuit (Lovejoy) and the Third Circuit (Kean) have real substitution Substitution

    Arsinoë

    put her own son in place of Orestes; her son was killed and Orestes was saved. [Gk. Myth.: Zimmerman, 32]

    Barabbas

    robber freed in Christ’s stead. [N.T.: Matthew 27:15–18; Swed. Lit.  for such payments after the death of the payee spouse.

    Melvyn B. Frumkes is the principal of Melvyn B. Frumkes & Associates, P.A., with offices in Miami and

    http://www.thefreelibrary.com/Unallocated alimony and child support can be all taxable/deductible…-a0147216141