Announcement

Collapse
No announcement yet.

CONFUSED. (Mother never showed up at the court hearing.)

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • CONFUSED. (Mother never showed up at the court hearing.)

    New York. My children mother who lives in New York took me to court for child support and after I showed up three times and she did not the judge dismiss the case. Now she what to take me to court again can she do this. I live in Philadelphia Pa. I send my children money ever month and I also gets them for there summer vacation, they want to come and live with me but she will not let them. I have a boy who is 13 yrs old and a girl who is 14 yrs old.

  • #2
    re: CONFUSED. (Mother never showed up at the court hearing.)

    I wish to inform you that in your case if the case is filed for non payment of child support for same period for which previous suit was filed then that suit is barred as for same matter again and again suit cannot be filed. In USA a great emphasis is laid down on res judicata and on same matter again and again cases are not filed. You can take defense of res judicata. If duration of alleged non payment of child support is different from previous one then being a new matter a suit can be filed. However, if its a frivilous matter then you can demand costs. While deciding the custody matters the court considers best interest of child.

    AFF

    Comment


    • #3
      re: CONFUSED. (Mother never showed up at the court hearing.)

      Ask the judge to fine her or charge her for all of your costs if she keeps frivolously filing and not showing.

      Comment


      • #4
        re: CONFUSED. (Mother never showed up at the court hearing.)

        A court order was never made for me to pay child support because she never show up but now she wants to try and take me to court again. I like to know if she can file again seeing how she never show up and the judge dismiss the case. My children live in the state of New York.

        Comment


        • #5
          Re: CONFUSED. (Mother never showed up at the court hearing.)

          If the judge dismissed the case with prejudice, she cannot try to sue you in the future over the same issue.

          Show the court that this will be the fourth time you have been taken to court by this woman and three times she has not made an appearance at a court date she requested. Ask to be compensated for your expenses

          Ask for full custody of the children. That is, if you want it.

          Comment


          • #6
            Re: CONFUSED. (Mother never showed up at the court hearing.)

            If for some reason I end back up in court do I file for custody at the hearing. Or does that have to be done at another time.

            Comment


            • #7
              Re: CONFUSED. (Mother never showed up at the court hearing.)

              Why wait? Don't wait until she takes you to court again. File yourself, for custody.

              Comment


              • #8
                Re: CONFUSED. (Mother never showed up at the court hearing.)

                I want to down load the forms that I need in order to file for custody of my children which forms do I down load or must I go to New York to do this. Because I live in Philadelphia Pa.

                Comment


                • #9
                  Re: CONFUSED. (Mother never showed up at the court hearing.)

                  Some forms available here: Family Court Forms - Custody & Visitation Forms

                  But you probably still want to consult a lawyer also.

                  Comment


                  • #10
                    Re: CONFUSED. (Mother never showed up at the court hearing.)

                    Now I have found out that for years my children mother has been letting other use my children on their tax returns. Who can I contact for this matter. She has recently been evicted from here home and the only thing I have is her name and date of birth, no social number. What can I do

                    Comment


                    • #11
                      Re: CONFUSED. (Mother never showed up at the court hearing.)

                      You need to have a good cause for the children's custody to be changed. Some change in circumstances of the children. Mom not showing up for court isn't it.

                      Comment


                      • #12
                        Re: CONFUSED. (Mother never showed up at the court hearing.)

                        Who do I need to contact about her letting other people claim my children on there income tax. I mean I take care of my children and she is letting other claim them because she does not work.

                        Comment


                        • #13
                          Re: CONFUSED. (Mother never showed up at the court hearing.)

                          Bottom line: If she is allowing anyone to claim yours and her children on their income, that is tax fraud, and they should be reported, along with her, for allowing it. The only people who can legally claim your children are you and her. Period.

                          Get their names and report them to the IRS. Report your ex as well. Petition the court for a modification in child custody/child support to reflect what she has done.

                          Contrary to misguided belief, a parent's income does, indeed, play a factor in who children are placed with. Those living in fairytale land refuse to comprehend this, or perhaps they are simply not capable. Regardless, court knows that children cost money to raise. Whoever is in the better financial position stands just as good a chance, if not better, of getting primary custody. If the state can be burdened with one less child to support, you can bet they're going to do it.

                          Incidentally, for those not completely cognitively impaired, the mother committing tax fraud and defrauding the very government who has been providing her with hand outs (no doubt since she spit out her first child) is very compelling reason to file for a change in custody status. The mother could face jail time for that. Further, her failing to show up for court hearings does have an impact on future custody hearings.

                          Comment


                          • #14
                            Re: CONFUSED. (Mother never showed up at the court hearing.)

                            Unfortunately once again there's bad info...

                            My daughter and her child lived with me. Daughter has custody, but hadn't worked recently for health reasons. *I* claimed the child on my taxes. Perfectly legal. (The absent father decided to also claim the child, IRS said I had the right, not him).

                            Comment


                            • #15
                              Re: CONFUSED. (Mother never showed up at the court hearing.)

                              In matters of child custody when people are unwed/divorced, (but especially unwed), the order usually stipulates who is to claim the child on their tax return.

                              To the Original Poster, your best bet would be to consult a tax expert.

                              Comment

                              Previously entered content was automatically saved. Restore or Discard.
                              Auto-Saved
                              Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Big Grin :D Frown :( Embarrassment :o Confused :confused: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
                              x
                              Insert: Thumbnail Small Medium Large Fullsize Remove  
                              x

                              the color of a banana is... (write the answer twice with an "@" between the words)

                              widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
                              Working...
                              X