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Please advice - nasty divorce and custody case. The ex-husband is after Child support payment...

Hello,

 

I am new to this group but I am desperately need advice on this issue. 

 

I have a very nasty divorce case.  I married an associate professor.  He taught in one of my classes while I was a student.

 

I have one baby boy (26 1/2 months old) from the marriage. 

 

The father is 14 years older than me and has a job as associate professor (in computer science department) at University of Oregon.  He is now 53 years old and will be retired in about 7 years or so. 

 

The father has been married and has two children from his previous marriage: 21 years old and 16 years old.  The 21 years old did not attend school since Summer of 2007. 

 

However, the father and his attorney submitted the motion for Child support payment in December 2007 using the child support formula that use less father income and 2 non-joint children.  That caused me (mother) to pay $640 monthly child support to the father. 

 

The father's attorney awares that I have parenting time but he presented the story to the judge (in a hearing) that I did not have parenting time. 

 

Both the father and his attorney have been trying to limit and prevent me from having parenting time with my baby since January, 2007.  His attorney claimed that I moved out of state and abandoned my child.  My attorney has been trying to work with the father's attorney on the parenting time but the response have always been negative. 

 

My previous divorce attorney was not able to negotiate with the father's attorney.  Towards the end of January 2007, my previous attorney mentioned to me that the court ordered me to pay child support to the father.  But my previous attorney did not send me any paperwork on that. 

 

I did not find out that the father's attorney cheated on the child support formula until after the court hearing in April 2007 when I decided to replace my retained attorney.  In July 2007, I received the paperwork for the divorce case from my previous attorney.  That's when I realized that both the father and his attorney had cheated on the Child support formula. 

 

I had asked around and found out that if the child is older than 18 years old and NOT attending school, then the child is NOT qualify for child support.  In this case, both the father and his attorney had lied to the judge by using that his son age 20 years old (back in 2007) who did NOT attend college in Child support guideline. 

 

The only issue is that my previous attorney did not catch this issue.  He did not send me the judgment paper (back in January 2007.)  I was told that at this point, it is too late to file appeal for this temporary child support. 

 

I would like to ask for your advice on this issue.  I could not understand how and why the persons would use illegal child support formula just to get child support payment from me. 

 

The fact is:  My baby has been back and forth between here (WA) and Oregon since January 2007.  How could the father's attorney claimed that the father paid full month child care bill?  And worse of all, how could the judge listen to the father's attorney without fact finding? 

 

Could you please help?  Please give me some advice on how to properly approach these issue?

 

Thanks,


by MotherOfJWilson   6 Posts 
Posted on 11/10/2008 1:17 AM
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Tags: divorce , ex-husband , illegal ,
child support formula , eugene , oregon


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