My question involves child support in the State of: New Mexico
My ex wife is German, I am American. Our divorce took place in Germany about 10 years ago, we were married for 8 years. The proceedings were in German so I didn't really understand what was happening. My lawyer told me that I was ordered $300 in child support and $500 in alimony. I told the lawyer that was more than I made. I had recently been medically discharged from the military and was working part time for $6.00 an hour. She was making about $20,000 a year, plus $183 from the german government for childsupport but my ex lied in court and convinced the judge that I made $27,000 a year. The lawyer said to stop fighting or the judge would make me stop fighting. I couldn't afford to fight this, but my ex said it would be fine if I just paid the child support, though she has blackmailed me for thousands of dollars in extra child support. My ex now lives in Louisianna and is taking me back to court claiming I owe her $90,000 in child support and alimony. She lied on the court papers under oath, saying I haven't paid her anything since 2003. I have proof that I have paid over $25,000 EXTRA in child support (I paid even more but misplaced alot of receipts). I also have proof of the blackmail (she wouldn't let me see or talk to my son if I didn't pay her). She has said horrible things about me to my son, called sometimes daily, cussing me out (often in front of my son), ordering me to send more money, thrown away gifts I have sent to my son, and done many other things that were not in the best interest of my son. She allows me to talk to my son about once a year, and the last time I spoke to him he sounded terrified of her.
I am wanting to know several things. Will the US courts honor this order? Can they undo the orders because they were calculated incorrectly due to my ex wife committing purgery? Would my wife have had to pay me alimony according to the correct calculations? Will all the extra child support she has blackmailed for be able to be considered future payment? Will I have to pay the alimony that was ordered incorrectly in Germany? Can I have her arrested for purgery and blackmail? Can I use her purgery/blackmail to have the child support & alimony out of Germany cancelled? Can I use any of this to get custody of my son? I don't really care to get any of the overages returned, I mostly would like custody of my son (he's 15) and the alimony cancelled & any child support I owe considered paid. Can I also ask that his passport be given up until he's 18? My ex wife has moved several times in the past and frequently refuses to give me her address or even tell me that she moved for months, and did this when she moved here from Germany. What can I expect in court? I live in NM and for some reason, that is where she filed for child support. Thank you for your time :)
Can I Get Full Custody
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11-02-2012, 09:10 AMjenniferrjohnson0926Ordered to Pay Too Much Support
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11-02-2012, 09:30 AMFoster_FosterRe: Alimony Ordered Due to Her Purgery
Note that your title says spousal support/alimony and your post says child support.
"The proceedings were in German so I didn't really understand what was happening. "
Your lawyer ought to have suggested you hire a translator even if you didn't think of it, but never mind.
"I had recently been medically discharged from the military and was working part time for $6.00 an hour."
Such decisions are usually made keeping in mind what you're capable of making, not necessarily what you were making at that moment.
"... but my ex lied in court and convinced the judge that I made $27,000 a year."
Even if in pre-hearing filings she didn't bring up the topic of what you made, I'd find it hard to believe that your attorney didn't know the topic would come up as it relates to assessing support, so ... your post is incomplete as to why you wouldn't have addressed the topic of countering her lies.
"... though she has blackmailed me for thousands of dollars in extra child support"
Uh-huh (you don't explain, so it's not clear what you expect folks to make of this comment).
"My ex now lives in Louisianna and is taking me back to court claiming I owe her $90,000 in child support and alimony."
Naturally, you'll presumably have records of payments you've made.
"She lied on the court papers under oath, saying I haven't paid her anything since 2003. I have proof that I have paid over $25,000 EXTRA in child support (I paid even more but misplaced alot of receipts)."
So if you have proof, what's the problem?
"I also have proof of the blackmail (she wouldn't let me see or talk to my son if I didn't pay her)."
It wouldn't be up to her to decide not to let you see your kid, but never mind, and there were things you could have done about this all along. (There are things called family courts and order enforcement, but ...)
"Will the US courts honor this order?"
No reason to think the relevant local family court with jurisdiction will not, but that doesn't mean you cannot file a motion to modify it.
"Would my wife have had to pay me alimony according to the correct calculations?"
No.
All the questions from there are ones you ought to be putting to a local family law attorney. They aren't ones that strangers can reasonably answer.
"Can I have her arrested for purgery and blackmail?"
Anything in theory is possible, but I'd put that aside.
Please seek local counsel. -
11-02-2012, 11:19 AMllworkingRe: Ordered Too Much SupportYour divorce took place in Germany. No one here is familiar with Germany's divorce and child support laws.Quote:
Quoting jenniferrjohnson0926
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11-02-2012, 12:02 PMbasylicaRe: Can I Get Full Custody
Posting this same topic in every single area won't get you any more info. Seek a lawyer. Post haste!
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11-02-2012, 08:13 PMDogmatiqueRe: Can I Get Full CustodyTwo things here: first, if you didn't understand the proceedings the onus was on you to make sure that you did understand. Secondly, it sounds as if you were imputed an income - in otherwords they calculated your income at what you were capable of making. Nothing illegal about it.Quote:
Quoting jenniferrjohnson0926
Quote:
She was making about $20,000 a year, plus $183 from the german government for childsupport but my ex lied in court and convinced the judge that I made $27,000 a year. The lawyer said to stop fighting or the judge would make me stop fighting.
See above answer.
Quote:
I couldn't afford to fight this, but my ex said it would be fine if I just paid the child support, though she has blackmailed me for thousands of dollars in extra child support. My ex now lives in Louisianna and is taking me back to court claiming I owe her $90,000 in child support and alimony. She lied on the court papers under oath, saying I haven't paid her anything since 2003. I have proof that I have paid over $25,000 EXTRA in child support (I paid even more but misplaced alot of receipts).
Forget blackmail - it's a non-issue.
Take whatever proof you have, to family court.
Quote:
I also have proof of the blackmail (she wouldn't let me see or talk to my son if I didn't pay her). She has said horrible things about me to my son, called sometimes daily, cussing me out (often in front of my son), ordering me to send more money, thrown away gifts I have sent to my son, and done many other things that were not in the best interest of my son. She allows me to talk to my son about once a year, and the last time I spoke to him he sounded terrified of her.
What have you done to enforce your court-ordered visitation?
Very probably, yes.Quote:
I am wanting to know several things. Will the US courts honor this order?
Quote:
Can they undo the orders because they were calculated incorrectly due to my ex wife committing purgery? Would my wife have had to pay me alimony according to the correct calculations?
Nope.
Not likely, no.Quote:
Will all the extra child support she has blackmailed for be able to be considered future payment?
Yes, you will.Quote:
Will I have to pay the alimony that was ordered incorrectly in Germany?
Quote:
Can I have her arrested for purgery and blackmail?
No.
No.Quote:
Can I use her purgery/blackmail to have the child support & alimony out of Germany cancelled?
Not a chance.Quote:
Can I use any of this to get custody of my son?
Not likely.Quote:
I don't really care to get any of the overages returned, I mostly would like custody of my son (he's 15) and the alimony cancelled & any child support I owe considered paid.
You can ask that the court hold onto the passport, but I wouldn't raise my hopes if I were you.Quote:
Can I also ask that his passport be given up until he's 18?
Quote:
My ex wife has moved several times in the past and frequently refuses to give me her address or even tell me that she moved for months, and did this when she moved here from Germany. What can I expect in court? I live in NM and for some reason, that is where she filed for child support. Thank you for your time :)
You're welcome.
Btw, Jennifer is a very unusual name for a male. -
11-02-2012, 08:22 PMshortieRe: Can I Get Full CustodyI noticed that too! Lol.Quote:
Quoting Dogmatique
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11-02-2012, 08:24 PMDogmatiqueRe: Can I Get Full Custody(ten character limit...heh)Quote:
Quoting shortie
;) :D :D