Your post contains two issues.
As to your ex quitting her job, Connecticut uses an earnings capacity rationale in setting child support. Under this argument, if the person is earning less than their earning capacity, child support is set at the level dictated by capacity, not by current earnings.
You need to show that she quit to avoid paying child support. I can expound on this later but basically, unless it was the world’s worst job, she’s gonna need a real good excuse for quitting at about the same time she lost custody.
As for your second issue – the arrearage vs. the child support, the big question is whether the judge’s decision is based upon statute. If the decision not to credit the child care payment against the back award is grounded in statute, courts will be very reluctant to make policy.
As a practical matter, why don’t you trade off the arrearage of $28,000 against what you are trying to get out of the ex? Maybe she would agree to drop the demand for the $28,000 in return for your not asking for support.
Fathers just keep getting kicked around!
As some of you may know, I was for the fourth and final time awarded custody of my children this past October. We are almost on the middle of December and she has not given a penny on child support claiming that she is unemployed and therefore has no income. She quit her job and is now being supported by her Mom and Dad.
We go to court on February 9, 2017 to bring this to the Judge. Anyone knows of what the law says about this. Remember I am in Georgia.
Also, years ago, she, being the custodial parent was responsible for child care costs. She was constantly delinquent with these charges and the day care would ask me to please pay or they would have to remove the children from the school. I would go ahead and pay thinking about the children. Years after during the custody case I realized that I paid over $21,000.00 on child care through the years because I kept all cancelled checks.
Prior to filing for custody, my children lived with me for approximately 3 years. I told her I would not pay child support since I was providing everything for them (100%) and she agreed. Of course I made the mistake of not doing this on paper and legally so after the years I kept them she sewed me for 3 years of child support. Lets just say I owe her $28,000.00 and the fact that the children were with me does not matter since I did not have a signed and court approved document. I tried to use the $21,000.00 I paid for child care to reduce this amount but the law in GA says that those payment made for child care are considered gifts to my children.
I want to go to the highest court and change that law but of course I can’t afford the fight. Is there a way to do this without going bankrupt? Changing the law in Georgia provides a good precedent for other states and I the Judge the tried our case said very clearly that I had an excellent argument that could make a change on the law but that it was not his courts place to do this change.
NY State seems hell bent on inventing Dead Beat Parents. I filed a petition in Saratoga County, NY family court to inform the court that my 18 year old daughter no longer lives with her mother whom I was paying child support too. My daughter left home and decided to live with my parents. I bought her a car and she got herself a job and is going to college part time.
According to NY Law, under these circumstances, she is emancipated and child support ends. My ex-wife filed a counter petition asking for more money for support immediately after receiving the summons to appear in court. We appeared in court for trial 5 months later and the court decided to hear both petitions at the same time. I brought with me signed statements from my daughter and my parents testifying that what I was claiming was true.
When the Hearing Examiner brought up my petition which he did first, he asked my ex-wife where my daughter was living. My ex-wife just plain old lied and said that my daughter lived with her. The hearing examiner looked at me and said ” I dismiss your petition and support will continue.” I held up the 2 letters that I had and asked to present them to the court as evidence in support of my petition. He then yelled at me at the top of his lungs ” I said, The petition is dismissed and support continues!!!.” I then said “But sir, I have evidence!!” He said ” Your petition is dismissed, period!!” He then said, did you know that you owe a lot of back child support??. I replied “No”. He then said ” Looking at your income and going back 6 years, it looks to me like your support is going to be raised and you will owe a lot of back support.” I asked “How much?” He said I will mail you my judgment. He asked me if I have any closing comments.
I told him that the constitution guarantees me fair and equal treatment under the law and considering the fact that this court did not hear my petition and did hear my ex-wife’s petition is prima facte evidence of the court’s intent to deprive me of a fair hearing and intentionally disregard my constitutional rights. He then said. “Dismissed”. A few weeks later, I got the judgment in the mail. It raised my child support from $50 to $125 per week and also said that I was on time on the previous order of $50 per week however since my income went up and since the statute of limitations to collect a past due debt is 6 years the court tacked on another $13,000 of past due support.
I filed objections to the judgment and the Family Court Judge objected to my objections. So then I got a Lawyer and we filed an appeal to the Supreme Court. This court reversed the whole thing based on the fact that the Family Court never looked at my evidence or my Income for the past 6 years like they should have. My child support was stopped and my arrears was eliminated.
By the way if anyone in Saratoga County, NY is reading this, beware of these two people at Family Court. Hearing Examiner Arthur Spellman and Judge Courtnay W. Hall (he’s a male judge). These two guys are on one hell of a power trip and could give two snoots about your rights.
That dad has been invited to join us…
Set yourself for a fight- if your don’t want a ‘hired gun’ to do your fighting for you, prepare to hear the bullets whistle by your own head.
The *one thing* that you have to do is set yourself for a fight; you must see the outcome of the question as absolutely life threatening in terms of it’s significance in your future.
If a judge shows bias against you as a pro se litigant, you could report them to the appropriate grievance committee. If the opposing lawyer acts in an unethical manner, and it’s common, you may report them to the grievance committee. You can’t *make* an enemy, you already have one. Pushing the Grievances with follow-up letters with additional charges will cause them to become more and more unstable and they start to really screw up. Get it on the record- anything you file to the Grievance Committee, file into your Court folder- when it’s notarized, it becomes a ‘published’ document and anyone can take notice of it.
No one cares where the ax falls if their nuts aren’t on the chopping block.
I know a guy who has kept the whole thing up in the air for almost ten years. They’ve spent megahundreds of thousands of dollars, months/years of unbillable lawyer-time, weeks of unproductive court-time. Sometimes when he goes to court, there are six, eight and ten lawyers there in opposition. He’s utterly judgment proof- and if *he* wins, it will cost them a *lot* of money. He can keep throwing shots at them until they miss one. He’s utterly ‘right’, which makes it unthinkable that he would quit. They have his children, so he has reasons to keep on fighting and to have no reservations about who he goes after and by what legal means. The legal forms to file court process are widely available- support groups abound- legal study groups on specific areas of the law abound-filing is cheap, papers are cheap- some places you can file electronically- it’s possible to drop stuff off of the net, search and replace your name and information, file it for free or the cost of a stamp and envelope/just push the button and send it to the ClerkoftheCourt.
If it costs them $1000 for a lawyer to read and respond to each of your proper actions, they tend to be a bit more amenable to negotiation and concessions. Each action breeds more actions; if a lawyer wanted to do so, he could draw out questions interminably- proper research and an inquiring mind can look at the process in past cases and do the same application now.