mom got judgement but he hasnt recieved papers

[soon2bstep]

What is the name of your state? FL/TX

long story short...
fiance and i reside in texas, his divorce was in california...son and ex-wife reside in florida...ca retains rights on CS, but not CC due to child's res req's...have been unable to really send money last 4 mos, but until may was sending 200-800 a month...have sent material items, ie clothing shoes things he wants mom hasnt got or isnt able to...she sttd she'd filed ppw for CS(after a 2 yr sep, and a div finalized a year ago)...well, i take that back...she sttd she FILED for it, yet last thursday i got bored after work one night, looked through public records where she lvs, and it sttd that there is JUDGEMENT from her to him...i got a case nmbr but am unable to really obtain info, since he works offshore, and i'm assuming i need the childs ssn and such...we've attempted to not only add my soon2bstepson to my fiance's insurance, but also even obtain external ins, and she has refused to send the info...the last few times we've talked to them(her and the baby-he's 3, ok not a baby!), she was calm, didnt mention money(this was 2 wks ago), and thanked us and let us tt the baby about the stuff we sent and his preschool etc...then she wouldnt ans her phone, and i got nosey...the info i found on the clerk's site, sttd there was a judgement placed to him from her on 10/4/07, and i woke him up, and we figured ok, that was a month ago, we should have rec'd papers, and by now there should have already been a check sent to her/st of fl...but we havent gotten anything, and we called his mom, and she hasnt got anything for him, so now we're kind of confused...unfortunately, we're fairly sure she might have lied about recieving any monies from him, and also about the ability to locate him, and the amt she "thinks" he makes, as well as the fact he already pays cs to his daughter...the money we had paid to her was ordered by the military due to their guidelines etc...but when he left the usn, he was on u/e and i was in ca with friends and we were unable to send anything, but of course we continued paying the CS for his daughter(who's in KY and why we were there for 6 mos before moving here).....ok sry this has been so long, but i'm curious what the "stages" are for a motion like that, and "if" she has lied about the afore mentioned items, what my fiance can do about this? he'd rather fight for custody, but knows that florida still follows the tender years(even though they say they don't, you literally have to prove beyond reason of instability and unfit etc)
***again, i'm sorry, we're just at wits end, and he wants to take care of the obligation, but we're afraid that she's kicked him as he's down, b/c she's sttd she is asking for $640 in CS...esp now that his income is higher, and fl counts his o/t...can anyone pls help us make sense of this? we were told that since there is a SLIM poss that fl has not fully completed everything, we can go to the CSEA here in houston, and he can get it started now, and it'd be easier as well as accurate with his info...is that true? and since he is 3, could he ask for the 50/50, with us(him) paying travel, at least until my stepson is in school?

thank you again for all replies in advance, and i'm sry i rambled, but i didnt want to break this up into 50 messages!!!

 

[LdiJ]

I am truly sorry, but I gave up reading that after a few sentences.

If you really want help, I would recommend that you re-write that post using proper english, spelling and paragraphs (double space betweent the paragraphs).

We are all volunteers, and that post is simply too hard to read.

 

[Just Blue]

I'm with LdiJ....It is just too hard to read.

 

[Ohiogal]

What is the name of your state? FL/TX

You forgot to add CA.

long story short...
fiance and i reside in texas,

Okay. So this is HIS issue.

his divorce was in california...

So everything was decided in CA.

son and ex-wife reside in florida...

Okay.

ca retains rights on CS, but not CC due to child's res req's...

Okay. What does the court order for CS state?

have been unable to really send money last 4 mos, but until may was sending 200-800 a month...

Why has he been unable to support his child? What amount is he supposed to pay for CS?

have sent material items, ie clothing shoes things he wants mom hasnt got or isnt able to...

She might be able to buy those things if dad were paying child support.

she sttd she'd filed ppw for CS(after a 2 yr sep, and a div finalized a year ago)...

Why wasn't that handled in the divorce? Normally it is.

well, i take that back...she sttd she FILED for it, yet last thursday i got bored after work one night, looked through public records where she lvs, and it sttd that there is JUDGEMENT from her to him...

Well then she did file for it. And she received a judgment.

i got a case nmbr but am unable to really obtain info, since he works offshore, and i'm assuming i need the childs ssn and such...

Its not your case. Child Support would need a release to speak to you.

we've attempted to not only add my soon2bstepson to my fiance's insurance, but also even obtain external ins, and she has refused to send the info...

Okay. She doesn't necessarily have to send the info. He should be able to access it. He takes the birth certificate of his son and goes to the social security office and gets a duplicate card.

the last few times we've talked to them(her and the baby-he's 3, ok not a baby!), she was calm, didnt mention money(this was 2 wks ago), and thanked us and let us tt the baby about the stuff we sent and his preschool etc...

She shouldn't have to mention money. He should support his child. Especially not with you on the phone.

then she wouldnt ans her phone, and i got nosey...the info i found on the clerk's site, sttd there was a judgement placed to him from her on 10/4/07, and i woke him up, and we figured ok, that was a month ago, we should have rec'd papers, and by now there should have already been a check sent to her/st of fl...but we havent gotten anything, and we called his mom, and she hasnt got anything for him, so now we're kind of confused...

What are you confused about? It takes time. As much as two months at times.

unfortunately, we're fairly sure she might have lied about recieving any monies from him,

Doesn't matter. That is considered a gift as it was not paid with a court order.

and also about the ability to locate him,

really?

and the amt she "thinks" he makes, as well as the fact he already pays cs to his daughter...

He does does he? How? Apparently not on time.

the money we had paid to her was ordered by the military due to their guidelines etc...but when he left the usn, he was on u/e and i was in ca with friends and we were unable to send anything,

You don't have to pay anything. And apparently he was paying squat. But he still has to support his child.

but of course we continued paying the CS for his daughter(who's in KY and why we were there for 6 mos before moving here).....

Well he has TWO children and needs to support his son as well.

ok sry this has been so long, but i'm curious what the "stages" are for a motion like that, and "if" she has lied about the afore mentioned items, what my fiance can do about this?

Your fiance can step up and act like an adult. Is the child support for his daughter COURT ODERED?

he'd rather fight for custody, but knows that florida still follows the tender years(even though they say they don't, you literally have to prove beyond reason of instability and unfit etc)

WEll he hasn't thought mom was unfit this long while she was raising his son so that won't work now. He wants to fight for custody rather than pay support? Nice. Won't work.

***again, i'm sorry, we're just at wits end, and he wants to take care of the obligation, but we're afraid that she's kicked him as he's down, b/c she's sttd she is asking for $640 in CS...esp now that his income is higher, and fl counts his o/t...can anyone pls help us make sense of this?

We would but you are not making sense. Why wasn't child support and custody dealt with at the divorce.

we were told that since there is a SLIM poss that fl has not fully completed everything, we can go to the CSEA here in houston, and he can get it started now, and it'd be easier as well as accurate with his info...is that true?

No that is nto true. Since there is an outstanding court case.

and since he is 3, could he ask for the 50/50, with us(him) paying travel, at least until my stepson is in school?

No judge will go for that. And even with 50/50 support is likely to be paid. Why has he waited this long to go for any visitation? How much has he exercised in the past?

 

[Silverplum]

Most impressive, OG!

I was in the same camp as Bay and LdiJ.

 

[CourtClerk]

I am soooooo confused by this thread.

But if you're asking about how long it takes for a signed judgment to come (I think I may have read it)... it can take as long as 3 months.. sometimes longer. If you're dealing with CSSD, I've seen judgments not come around the pipeline for 6 months. They're awful out here.

 

[soon2bstep]

again, i AM sorry

CA did the divorce...custody was not reviewed due to the child residing in florida. his support to his daughter IS court ordered, has never been late the 6 1/2 years it's been ordered, it's usually paid early...CA divorce papers state that the state of CA retains 1st rights on child support, but that the state will not address custody due to child residing outside of state...from april of 2004 to january 2005, they were together...in february of 2005 to june of 2006, he began sending her 800 a month via bank transfers to cover her rent, and his daycare, and had military insurance on her and his son...from june of 2006 to december of 2006, he sent $476 a month(based on the JAG"s calculations of family support), and also took out a $600 loan to get her car fixed to ensure they had transportation...in december of 2006, he attempted to give her $2k, but she switched her accounts, and refused to let him send anything, as she stated she didnt want money, only for them to have a relationship...several times, i've paid for airline tickets for him, only for her to tell him she will not let him see his son...he has not gone for the custody before, because and i quote the county clerk/family mediator in her county "the state of florida will send all the paperwork you want us to, however since you are active duty military, we cannot help you", after the military he got this "only the mother can file papers, as she is the one who resides in this county"...we've contacted lawyers, to be told they wanted at least $3k just as a retainer...the "unfit" thing had not come to light, until other things were discussed with her..."I've" been on the phone, as i talk with him on the phone to both of his children, and in fact i speak with his daughter often, and when we lived near her, got quite close to her...but, pertaining to his son, the STATE has shot us down on papers, and his son's mother has refused to let him see the child unless she gets 800 a month...if he could afford 800 a month, his daughter wouldnt just get 262...
the reason the post was so long, originally is that i notice alot of you ask for more info, or make the accusation that some is missing...i've tried to give as much as possible, without getting details with "perfection", i do apologize profusely however...
thank you for the advice you've given, and i'm sorry for the confusion...also, i'm posting this, because he's home maybe 5 days a month, and this week hasn't had any of those days in it...
***he d/n have a copy of the birth certificate, as he's never had one...when we tried to order a B/C previously, he actually rec'd a call from the state, leaving him a voicemail that stated he had no "legitimate" reason for attempting to obtain those records...and we actually have that saved in his voice mail...
***at least we're not having children, and running up the bills and using that as an excuse to not pay, like some do...

 

[soon2bstep]

--------------------------------------------------------------------------------

What is the name of your state? FL/CA

in december of 2006, my fiance and his ex were divorced in california. she knew of this, even called to ask when she'd recieve her final papers after he'd had her served the initial papers...
we found a "judgement" online this week which we thought was cs, and finally got the county clerk(s) where she lives to give us some information, and lo and behold, 3 months after ANOTHER STATE divorced them, she filed for divorce in FL...it was filed in march,2007 granted in october 2007...how does that work? papers also state husband was not present, and she could not locate him

here are my questions
1:can she file for divorce in another state as though the previous one never existed? she was served properly, even filed a motion to dismiss the divorce since she herself did not live there, and CA sent back a paper stating that due to his military obligation, he was automatically entitled to residency wether she lived there or not(not in those exact words of course)

2:we have cancelled checks and signature slips from packages showing that she had our address, and he also would talk to her/his son on the phone often...can her "omission" of that info have an adverse reaction on either of them, since she signed her affidavits stating she had no contact with him at all?

3:which divorce will be honored? the one from CA stating neither wants alimony, and custody cannot be settled due to child's residency, or the new one that may include custody/cs?

4:is this considered perjury?(he has no intention of asking the judge that, we both just find it strange and hilarious that she'd file for divorce, when they arent' even married, and were curious if she'd get into trouble for doing it intentionally!)