New and needing help in Alaska--child support

[Alison]

Hi all! I'm sure you've all heard this story, Lord knows I've been telling it, and hearing it, forever and yet it keeps going on....

I'm gonna give a 'nutshell' version and then beg for help!
In 1995 my husband got a divorce with one child involved (yes, he was pretty well raped in that divorce by his ex with help of his attorney). In that year, his adjusted gross was a negative number (about -$1000) his child support was set at $600. He had to sell the home he had purchased (wife never worked) to pay off the $25,000 she was awarded...this left him homeless (but, he was paying child support) for a couple of years.

I came into the picture in 1999 and, insisting things couldn't be right, asked for a modification. At the time he was making $800 a month, cs set at $405. (Yup, we stopped paying child support around this time). I applied and got welfare that next Monday. After three years of learning legal jargon I discoved that the reason cs was being set so high was they were not deducting his allowables. (AK allows necessary cost of doing business, FICA, SS, etc). As a commercial fisherman...that was about $15,000-$30,000 a year that they were counting as income! He had three years worth of negative incomes and a whole bunch more poverty level, yet his lowest cs obligation was $325 a month!

Anyway, we again petitioned to get cs lowered (October 2003) and asked for a correction on the prior years (just three). After having the judge and courts screw around with how we were filing (they were'nt happy and didn't tell us until January 2004 that we 'hadn't done it right'), we got the reduction starting March 2004 (we didn't ask for the poverty level reduction though he qualified--we had trouble just getting the judge to understand how we figured the income!!!). The judge never even mentioned the three prior years worth of mistakes, though we had sited case law supporting that it incorrect and CSSD said it couldn't be changed.

Being real tired of the courts (and thinking we couldn't get it changed), we managed to take out a loan (a surprise since we filed bankrupt in 2000) and paid off the $13,000 in arrearage, that had accumulated during our 'welfare years', last Sept.

We just got papers today for another modification review from CSSD....the ex wanting more money. It'll probably go to court since his income is a little lower than last year (he now has a "real job") and because I'm going to push for the poverty level reduction. So, I guess (I hope) it'll back fire on her and work in our favor, but, I'm getting really sick of the courts, CSSD, and his ex thinking that our only purpose in life is to support her. She's already spent the $13,000, son is working on a commercial salmon vessel in AK (legal working age for this job is 17 he is 14), her husband makes an average of $20,000 more than my husband and I combined, and she refuses to work saying she has a job 'taking care of her family the best way she can', which is, I guess, through us. Additionally, she's denied visitation for over 6 years and the courts refuse to split visitation costs 50/50 because 'she doesn't appear to be any better off'. What that means, I don't know.

I've been asking for help for since 1999 from the courts (yeah, I know, big laugh there!), from CSSD, from attorneys, from groups. I'm hoping going sui juris will be my salvation! We've paid over $30,000 in cs that we shouldn't have (as per government laws). We have internet, but very little else. While her kids are hunting moose, bear, courgars, playing with their 4-wheelers, game boys, nintendos, and involved in all the sports, etc, mine have hand-me-down clothes, no electrical games, no t.v., no college funds, and we both have to work hard to get by. Sorry didn't mean to get all whiny...just getting really sick of this 'justice' and 'what's best for the children'...it sure isn't my children they are looking at!

Anyway, I have 30 days from the 15th to respond to this paperwork. They want 2 years of income information, w-2 forms, tax returns, pay stubs, proof of health insurance (don't I wish!) at which point they will 'review' it and 'file court motion if: post majority support is needed (I don't know what that means), there is a 15% change.

Thanks in advance for any help you can give me,
Alison

[Icesgirl]

Alison, you may want to check out these others threads below. They all have to deal with child Support. I am sure you will find the answers you seek. Some threads may be pages, but it's worth it to read everyone.

Hope this will help.

Keep us updated on your progress. I am sure a lot of members will be with and help you if needed.

Ices

http://forum.suijuris.net/showthread...=Child+Support

http://forum.suijuris.net/showthread...=Child+Support

http://forum.suijuris.net/showthread...=Child+Support

http://forum.suijuris.net/showthread...=Child+Support

http://forum.suijuris.net/showthread...=Child+Support

http://forum.suijuris.net/showthread...=Child+Support

[Alison]

I spent until 11 last night and the majority of today reading. I'm still vague about a lot of this, so bare with me while I think this out.

When I write them, closer to my 30 day deadline, I'm asking for a copy of the request for modification from the ex, as well as the proof of their authority to ask for hubby's income. I'm assuming the ex just called and I'll insist on something written, I'm also assuming they will send copies of Civil Rule 90.3 or the AAC. I know none of this will solve my problem (getting them of our backs) and I'm not sure what I'm doing after, but I'll have a little time to get there.

Now and I don't remember were I read this, but I'm correct to understand that they can't go against the Constitution because it makes everything null and void? It's my opinion (because I'm not a judge or lawyer) that I can prove without a doubt that his obligations were illegal (in my opinion unConstitutional as they stepped all over hubby's rights, mine, and our kids). If anything, the fact that a judge lowered the obligations after questioning my methods proves to me that the others are indeed illegally calculated. Would this make the prior 'judgments' null and void so we have to go back and to them again--right this time? I have been told that mistakes (not matter the reason) can not be changed in child support because of the Bradley Amendment, but I believe that amendment has been found unConstitutional in several states. My question is can I still contest all those prior years under one of these? I've been told, by the courts, that I only have a year in which to petition a change.

Also, CSSD is responsible for doing the same mistake (not taking allowable deductions). They said they were not responsible (have it writing) because "you did not provide the information". (It was off their 'findings' that the courts made several incorrect judgments.) I have issue with this since hubby was never told to provide it explicitly....just his IRS statements, which have that information (1099 which is for self-employed with attached schedules for cost of doing business). But I'm curious...if we act as they did and fail to provide his information or incorrect information...would they feel the same way? And, would the Bradley Amendment still be enforced if the favor was for the ncp?

Lastly, is there somewhere else I can learn all this?
Alison

You are dealing with one of the largest commercial indrustries in the world.

With that said... You & Yours are dealing in COMMERCE.

If you are to ever overcome you must study and learn "when in commerce do as commerce does".

Personally, I think that you may have got more imput in the Family thread, and it is none of my business but why isn't hubby in the study mode?

I would encourage hubby to get on board to gather some insight into just what he is up against.

Please, do not take me wrong, it is just that I was once facing similar circumstances in Court, made my mistakes, and we learn through the ranks as we go along.

Try: http://www.natural-person.ca

See if any of this makes sense to you & yours?

Kindest regards...