candyman1378 asked:
I went to court over child support last year. I had allowed my older 2 kids to stay with their father after an earthshattering experience caused me to have to start all over from scratch. I kept my youngest 2 with me because they are not his and their father is no good. My ex and I had a good relationship for a while. I would provide any help I could with food, clothes, shoes, etc… Then he met someone and decided that I was nto doing enough and the mandatory child support order issued at the custody hearing became something he now said I owed him all along (even though he specifically told me not to worry about it). I am now working part time, going to school, and I have taken back my oldest son and am seriously considering the same with my daughter. Here is the big dilemma. He sent my son here last summer and has spoken to him maybe 3x since then, no order has been signed (he wrote a not to the school board though and told them he lives with me), and now the state is garnishing my wages for child support for my son and daughter (when he lives with me). They are taking 55% of my income, it is ridiculous. I make minimum wage, he makes a whole lot more (around 50-60k a year (thanks to the job i got him). He is now married to someone with money and the only reason he is asking for the money I owe now is that all her money goes on her 2 kids and his has to pay their bills. My daughter gets nada, nothing. I buy her shoes, clothes, school supplies, medication, toys, etc.. Up until this point he had an attorney and I didn’t. When I asked the judge to appoint a guardian ad litem to help with the kids, the GAL got me in with the pro bono commission because he said I was getting shortchanged. Now I have an attorney who wants to file a child support ammendment after the custody transfer is legal, but he wants to file for it to change from the date of filing. I was told by another Indiana atty (a child support atty) that I can request a change from the time my son moved in.
I would do this but I went to court in December and the magistrate presiding over the case (my kids father collected fraudulent welfare benefits in one city while living with his wife in another). I tried to tell this magistrate that my son had been living with me. He screamed at me to shut up. I swear I never met this man and had not been rude or done anything disrespectful. I tried to tell him 2 more times and he threatened to jail me if I said one more word (he could because of the failure to pay support). Now I have seen this man in action on other cases. 2 of my friends sued their exes for support and this man told them that the guy needed money to live and they needed to stop being greedy (in both cases the kids were over 10 and had never received support). I feel he is hateful toward women and I don’t knwo what to do. I told my atty but he said he has a good rapport with him. My whole world is riding on the outcome of this case. There is a lot more details I would need to explain to give the full story but there wont be enough room. I called CPS on their father because the one time he took my son for the day, he came back intoxicated (he is 12). My daughter has medical problems that are ignored due to a lack of money (because it goes on her daughters’ extracurricular activities). I really would have paid what I could over the years but he said it was not a problem. Then last year….wham!! I also tried to explain this to the judge as well as the fact that I buy their stuff and he sent them for the summer with not 1 stitch of extra clothing so I had to go out and buy it all over agian (even thought he stuff at his house was paid for by me); but the guy told me he did not care. I said “Your honer, it isn’t fair to ask me to pay support for a child who lives in my home that I am supporting” then he said “I really don’t care, you will pay it or go to jail” I said “I am not able to pay 75.00 a week and raise my kids” He said “So you are saying you aren’t paying it and I should send you to jail right now”. At this point I informed him I didn’t even make that much money and he said then pay half of what I did make. I have made a lot fo stupid mistakes in my life, but I have never neglected my kids. If it weren’t for me, he owuld have let them wear shoes and clothes that were sizes too small forever while he bought expensive stuff and took trips with his now wife. I just do not understand this state.
So can I file a complaint about the magistrate? If he would have listened then my check would not be garnished right now and I wouldn’t be trying to figure out how to make it till next payday on what is left. Technically according to the child support calculator I would owe him (i think it said) less than 25.00 a week, he would owe me (approx) 135.00 a week. This means after subtraction he owes me 110.00 a week for the last 8mths and plus no one gave me credit for all the money I spent buying their stuff over the years because he would not do it….A
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