I need some direction or the best course of action

[fandango1974]

I am in need of legal representation or advice regarding my child who was taken out of the United States by my ex-wife. When we divorced three years ago in San Diego, the judge order joint custody of our daughter. She, however, retained physical custody of my daughter. In September of 2006, she violated our custody agreement and took our child to Trinidad without my consent or the court's knowledge. She returned right after this to the U.S. and continued living in San Diego. Finding no legal recourse at the time, I moved to the DC area. I continued to pay her child support until January of 2007. Of which time, I was unemployed. When I became employed again in late May of 2007, I started making bi-weekly payments directly to her mother in Trinidad where my daughter resides. In May of 2008, I was contacted by the child support division in California and was directed to start making payments again directly to my ex-wife in San Diego where my daughter no longer resides. I have complied with this order. However, I am concerned because there are a few things that I feel I am being taken advantage of.

I know my ex-wife violated the international child abduction laws and she is committing fraud by accepting child support payments for my daughter who is living in Trinidad. Not only is she accepting payments from the Department of Child Services in San Diego but she has relocated to Florida since September of 2008. I tried to contact the court to assist me and was told by the clerk that they could not give me legal advice and that I needed to secure an attorney. Now she and DCS is stating I owe 8000 plus in arrears. I am baffled by this as I was not given any documentation as to how I came to owe this amount. When I asked DCS said they cannot give me any information which I think is very unfair. This is also going to affect me getting my citizenship which I am applying for this year (2009.) I am really frustrated at this point because I have limited funds and none of the attorneys that I have contacted will work out a payment plan with me. I am still doing the right thing by paying the child support payment. I am humbly asking for your assistance and even if you can not help me, at least refer me to someone who might have an interest in taking my case. I appreciate your time.

My questions are
1) What can I do to show DCS in San Diego that my daughter is no longer in the country.
2) What can I do to inform DCS that my ex wife have moved and is now living in Florida
3) How can DCS add arrears to my account? What proof do they have that I owe this much? Are they taking my ex-wife's word?
4) Can my ex-wife live in Florida and still collect Child Support from San Diego?
5) Is there a way I can have the support moved to where I am living or to Florida?

[tbyte]

Why did you not file contempt of court and abduction charges on her when she left the country?

[lori509]

My questions are
1) What can I do to show DCS in San Diego that my daughter is no longer in the country.

like tybyte mentioned file an order where the case resides claiming that she took the child out of country. It will be her burden to prove that the child still lives in the states. (She will need to provide something like school records or the like to show that the child has lived in the states.)

2) What can I do to inform DCS that my ex wife have moved and is now living in Florida?

This confuses me a bit. Is it that the child lives with grandma in Trinidad and mom lives in Florida? If that's the case then most likely DCS already knows that X lives in FL it's probably where she is getting the checks (or her bank is located etc...)

3) How can DCS add arrears to my account? What proof do they have that I owe this much? Are they taking my ex-wife's word?

yes and no. Sounds like the arrears added up while you were sending money to Trinidad. If you kept proof of these transactions you can ask for a hearing from DCS and offer up the proof I really hope you kept. (No Dad paying child support should ever send cash, checks money orders anything but cash.) Show DCS your proof when you have your hearing.

4) Can my ex-wife live in Florida and still collect Child Support from San Diego?

yes.

5) Is there a way I can have the support moved to where I am living or to Florida?

The support is supposed to be dealt with the state the child lives in. You can have it moved there at anytime. You contact the one you are paying into - and tell them the child's jurisdiction has changed and they will send information to the child services in the state the child lives in - which moves it.

[mazBut]

One way is to report the case to local authorities. Secondly, you may benefit from the Hagues conventions at home against your wife living in a foreign county and not complying with the orders of the original court of jurisdiction in the US.

[fandango1974]

Originally Posted by tbyte Why did you not file contempt of court and abduction charges on her when she left the country?

I would love to give you a good reason but unfortunately at that time I had no one to advise me on the proper way of handling it. I did not sign the form for my daughter to get a passport but she was still able to leave the country. I was depressed because I was naive to think the courts would not allow my daughter to leave.

[fandango1974]

Originally Posted by lori509 My questions are 1) What can I do to show DCS in San Diego that my daughter is no longer in the country. like tybyte mentioned file an order where the case resides claiming that she took the child out of country. It will be her burden to prove that the child still lives in the states. (She will need to provide something like school records or the like to show that the child has lived in the states.) 2) What can I do to inform DCS that my ex wife have moved and is now living in Florida? This confuses me a bit. Is it that the child lives with grandma in Trinidad and mom lives in Florida? If that's the case then most likely DCS already knows that X lives in FL it's probably where she is getting the checks (or her bank is located etc...) 3) How can DCS add arrears to my account? What proof do they have that I owe this much? Are they taking my ex-wife's word? yes and no. Sounds like the arrears added up while you were sending money to Trinidad. If you kept proof of these transactions you can ask for a hearing from DCS and offer up the proof I really hope you kept. (No Dad paying child support should ever send cash, checks money orders anything but cash.) Show DCS your proof when you have your hearing. 4) Can my ex-wife live in Florida and still collect Child Support from San Diego? yes. 5) Is there a way I can have the support moved to where I am living or to Florida? The support is supposed to be dealt with the state the child lives in. You can have it moved there at anytime. You contact the one you are paying into - and tell them the child's jurisdiction has changed and they will send information to the child services in the state the child lives in - which moves it.

1) Do you know what forms I would need to file to let them know my ex wife took the child out the country? I have been trying to find a form for this.

2) Yes my daughter lives with the Grandma in Trinidad and the ex wife lives in Florida. I was told to do a Transfer of Jurisdiction. Do you know what this is and what form i would need to start this process?

3) Fortunately I do have all my receipts from that time and prior too as well.

5) Are you talking about the child support services division I need to contact to have the jurisdiction moved? If yes do I submit a letter or call them and notify or is it someone else i need to contact?