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Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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FATHERS’ RIGHTS
NOT JUST EVERY OTHER WEEKEND

This is about fathers' rights law, and protecting the best interests of your children. It provides information, news and comments on laws, cases and strategies for life as a single father and winning your custody, access or child support case.

Child Support Collection Scam

September 10th, 2014

Stuart Cole and Mark Simpson set up several businesses including “Child Support Services” to collect child support payments, according to Howard Ain of WRKC in Cincinnati.

Their business would come up first in an Internet search.  Many people thought they were a government agency.

First they would obtain information about the payor.  Then they would send a letter saying “‘If you would like this to go away you can contact us at the number provided.”  The next letter would say that your driver’s license was suspended.  The next would say an arrest warrant has been issued.

They also sent letters to employers requiring them to deduct money from paychecks.  They charged heavy fees to both the custodial parent and the non-custodial parent.

More than 200 victims lost between $2.5 and $3 million in the scheme. Stuart Cole and Mark Simpson were sentenced to more than a year in prison for conspiracy to commit mail and wire fraud charges.

Related posts:

  1. Bad Economy Means More Motions to Decrease Child Support
  2. Man Jailed for Child Support but Child Is Not His
  3. Child Support Trust
  4. Father Can Pay Child Support to College Fund
  5. Facebook Photos May Be Used in Child Support Case

Enforcing Visitation Schedules

September 4th, 2014

If a parent is withholding visitation in Maryland, DC or VA, and there is a custody order in place, we have to file a motion to show cause why that parent should not be held in contempt of court.

Many clients have noticed the disparity in the enforcement of child support orders and visitation orders by the courts.

Oklahoma has passed a new law that says a parent who denies visitation to a parent who is current on child support can face fines and be held responsible for attorney fees, mediation costs and court costs.

There is a court form available at the clerk’s office and a hearing must be held within 21 days.  The non-custodian can be awarded make-up time.  One or both parents may be ordered to counseling or parent education classes.  The judge can even order a change in custody if appropriate.

Related posts:

  1. Brazil Blocks US Dad
  2. Visitation Schedules
  3. Vary Timesharing Schedules by Age of the Child
  4. Post Trial Disputes
  5. Father Awarded $23,000 for Interference with Visitation

Lottery Intercept

September 3rd, 2014

When lottery winners in Arkansas owe child support, they will find that amount deducted from their winnings.

Arkansas passed a law in 2009 that requires the lottery to cooperate in identifying debtors who owe child support.

The state has collected $26,382 in past due child support.  The Lottery also collects any unpaid state taxes.

Related posts:

  1. Gambling Intercept
  2. Man Jailed for Child Support but Child Is Not His
  3. Dad Waits Too Long to Challenge Paternity
  4. When Does Child Support Stop?
  5. No Child Custody Terms in Prenups

Gambling Intercept

August 26th, 2014

Since 2011, Louisiana has collected more than $2 million in child support from intercepting the winnings of non-custodial parents at the state’s 19 gambling casinos.

Other states with similar laws include Colorado, Mississippi, Illinois, Indiana, Iowa, New Jersey, New Mexico, Ohio and West Virginia.

Related posts:

  1. Lottery Intercept
  2. Jobs Over Jail-Time
  3. Dad Waits Too Long to Challenge Paternity
  4. Determining Child Support When Parties Move to Another State
  5. Gay Father Wins Custody Case

Jobs Over Jail-Time

August 25th, 2014

Clermont County, Ohio, has found a more practical solution than putting parents who can’t pay child support in jail.  It finds them jobs.

Ohio was hit hard by the recession.  The jobs program, called Success Through Employment Program or STEP, was started in 2007 with a grant from the Ohio prison system.  It has a 47% placement rate.

Once the parents find a job, they are able to help support their children, which makes a lot more sense than putting them in jail.

Related posts:

  1. Man Jailed for Child Support but Child Is Not His
  2. Fathering Court
  3. Bad Economy Means More Motions to Decrease Child Support
  4. Father Faces Jail for Taking Child to Church
  5. Battlestar Galactica Shoots Down a Marriage

It Costs a Quarter Million to Raise a Child

August 21st, 2014

The average cost of raising a child to age 18 is $245,340 for a two-parent, middle-income family, according to the U.S. Department of Agriculture.

And that doesn’t include costs for giving birth or paying for college.  The annual calculation includes housing, food, transportation, clothing, health care, child care, education and miscellaneous.

If you add in 2.4 percent projected inflation, the cost is $304,480.  The estimate rose 1.8 percent from last year.

Related posts:

  1. It Costs $235,000 to Raise a Child
  2. Cost of Raising a Child Is One Million Dollars
  3. Maryland Bill Would Add College Costs to Child Support
  4. Enforcing Visitation Schedules
  5. “Never Tell Me the Odds, Kid” – Hans Solo in Star Wars

Man Jailed for Child Support that Employer Failed to Pay

July 10th, 2014

Clifford Hall, 43, of Houston was sentenced to six months in jail for failure to pay child support.

After exhausting his appeal rights, he turned himself in and began serving his sentence last week.

But then AT&T, his employer, provided an affidavit that it had withheld the incorrect amount from his paychecks.

He was released from jail.

Related posts:

  1. Man Jailed for Child Support but Child Is Not His
  2. Non-Biological Dad Still Has to Pay Child Support
  3. Father Can Pay Child Support to College Fund
  4. How NOT to Modify Child Support
  5. When Does Child Support Stop?

Custody of Children

April 2nd, 2014

Guest post by David Williamson

Mothers Obtain Child Custody More Often than Fathers

In 82% of cases, mothers get custody of the children.  One reason for this may be, that On a purely statistical stand point, mothers are the primary up-bringer of the children (data:  2009). Even in cases where both parents work, statistics show mothers spend twice as much time engaged in primary childcare responsibilities than the fathers with mothers at 12.9 hours a week and fathers at 6.5 hours.

Court Involvement in Child Custody

In terms of how courts involve themselves in the custody process, a mere 4% of cases are actually litigated.  The vast majority of cases are settled long before trial.    In 51 percent of custody cases, both parents agreed on their own that the mother should have custody.

  • In 29 percent of custody cases, there was no third party involvement.
  • In 11 percent of custody cases, the parties agreed during mediation that the mother should have custdoy.
  • In 5 percent of custody cases, the issue was resolved after a custody evaluation.

Only 4 percent of custody cases went to trial.  Even of that 4 percent, only 1.5 percent completed custody litigation.  Fathers won about half of those litigated cases.  Approximtely 91 percent of child custody cases are decided outside of court.

Child Support

When it comes down to child support post settlement, there is another gender divide. In 2009, mothers would get on average $5,997 in child support, whereas fathers would only get $5,601. The problems for fathers doesn’t end there, however, as only 30% of custodial fathers receive any child support, compared to 55% of custodial mothers. To put this in perspective, then, 91% of total child support dollars are given to custodial mothers, and 9% to custodial fathers.

These statistics seem to show a stark difference between male and female custodial experiences. The figures show an average, however, so it would be unwise to lean to heavily on this picture when considering how your situation might unfold. Should you require further information and an informal discussion regarding your individual circumstances, get in touch with one of Coles-Law Solicitor’s Family Lawyers for expert advice.

Related posts:

  1. Monitoring How Child Support Is Spent
  2. “Never Tell Me the Odds, Kid” – Hans Solo in Star Wars
  3. Fathers Win More Custody Battles
  4. Post Trial Disputes
  5. Public Favors Equal Custody

How I Got My Son to Do His Homework with a Poem

February 24th, 2014

Today is my day to take my 10 year old son to school. I told him his mom left instructions for me to make sure he does his spelling.

“Why?” he said. “The test is four days away.”

“Theirs not to reason why. Theirs but to do and die,” sprung from my lips before I could think about it.

“What?” he asked.

“It’s from a poem by Alfred Lord Tennyson, Charge of the Light Brigade,” I answered.  I looked it up on the Internet and read it to him:

Half a league, half a league,
Half a league onward,
All in the valley of Death
Rode the six hundred.
“Forward, the Light Brigade!
“Charge for the guns!” he said:
Into the valley of Death
Rode the six hundred.

“Forward, the Light Brigade!”
Was there a man dismay’d?
Not tho’ the soldier knew
Someone had blunder’d:
Theirs not to make reply,
Theirs not to reason why,
Theirs but to do and die:
Into the valley of Death
Rode the six hundred.

Cannon to right of them,
Cannon to left of them,
Cannon in front of them
Volley’d and thunder’d;
Storm’d at with shot and shell,
Boldly they rode and well,
Into the jaws of Death,
Into the mouth of Hell
Rode the six hundred.

We talked about how the cadence sounds like galloping horses. We talked about the Crimean War.

Then he did his spelling.

Tonight I promised him we’d take a look at Gunga Din.

Related posts:

  1. Helping Kids With Homework
  2. Half Birthday Parties

States Consider Shared Parenting Laws

February 7th, 2014

Arkansas passed a law last year providing for “approximate and reasonable equal division of time” of children between parents in divorce proceedings.

The Connecticut General Assembly has created a task force to study family law issues, including whether the state should have a presumption in law that shared custody is in the best interest of children.

The Maryland General Assembly created a Commission on Child Custody Decision Making last year.

Florida pass a shared parenting bill last year, but it was vetoed by Republican Gov. Rick Scott.

Minnesota passed a bill in 2012 that would have increased the minimum amount of custody from 25% to 35%, but it was vetoed by Democratic Gov. Mark Dayton.

Related posts:

  1. Shared Parenting Presumption
  2. NY Shared Custody Bill Fails in Committee
  3. Shared Parenting Impacts Tiger’s Game
  4. Military Deployment Used in Kid Custody Battles
  5. Custody vs Shared Parenting
 
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