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maizej

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Reply with quote  #1 

How can the CSRU legally continue to withhold my income when I have an order placing temporary custody, for a period of 6 months, with me? This is absolutly absurd!!!!


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Big_Eric

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Reply with quote  #2 

What kind of order is it? Is it signed by a judge? I wonder why the judge didn't take care of the child support issue at the time of the temporary order.


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Eric E. Durnan
Wadena, Iowa

I don't see the glass as being half full or half empty. I see the glass as being twice as large as it needs to be.
maizej

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Reply with quote  #3 
DHS removed them from their mother's home, due to her resistence to leave her abusive boyfriend, and placed them with me. The order just came through yesterday and I contacted CSRU and was informed that just because they are living with me is not enough to have support suspended. 

You may have heard of the case. Mom's boyfriend has been charged with 2 counts of child endangerment and on count of animal torture. He beat the crap out of my kid's dog in their presence. It's been all over national news in the past few weeks and PETA has gotten involved.

As a result of her inability to ensure the safety of my children....I am going to have to pay a fortune in attorney fees. 

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maizej

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Reply with quote  #4 

Yes...the order was signed by a judge, but it through juvenile court.


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Big_Eric

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Reply with quote  #5 

You need to get the order in front of a district judge. You also need to seek a permanent order. What it sounds like to me is that you have an administrative order. You need a district court order. If you have any questions on this, I would contact Bryan and he can possibly tell you how to go about it if you cannot afford an attorney. Further, you should demand that the child support payments be at least sent to you until you get the district court order. I know in cases where a child is taken out of the home and placed in foster care, the payments are re-directed to the state. In cases where the child is placed with family, they are generally re-directed to the family. In this case, you are the family member so I would ask for the re-direction if I were you. DHS alone cannot terminate rights of a parent. They can only temporarily remove a child. In cases where they do seek termination of parental rights, they have to go before a district judge. I would beat them to it if I were you. So, in short, ask for the payments to be re-directed to you until you get a permanent order from a district judge and in that order, he will most assuredly order termination of your child support payments.


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Eric E. Durnan
Wadena, Iowa

I don't see the glass as being half full or half empty. I see the glass as being twice as large as it needs to be.
JudyChat

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Reply with quote  #6 
You know what?  THIS needs to be put on the national news!  We need to write letters to the same stations/newspapers that ran the original story and tell them that this is going on!  I think it would make a great follow up piece.  If I was a journalist, I would sure want to know this part of the story.  I would run the headline as:

State helps to fund unfit mother's fight to get children back--with Dad's money.
KenRichards

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Reply with quote  #7 
This is a "dream case" for an attorney as it is almost open & shut. 

If you need a good attorney call Ted Sporer 515-244-5575 and "get her done."  Don't delay court since your ex may change course to simply retain her custody and financial advantages.
maizej

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Reply with quote  #8 
I have an attorney out of Ottumwa, Al Orsborne. He has done a fabulous job up to this point. He is filing an application in District Court to have my Support Order Suspended today.

I have thought about talking to the mainstream media regarding this case; however, I do not believe that it would be in the best interests of my children. They have been through enough and are currently receiving counseling for what they have witnessed.

I am, however, persuing contempt of court on their mother and I have spoken with the District Attorney regarding the possibility of filing Perjury Charges against her as she lied in District COurt while under oath. I have also filed a formal complaint with the Iowa Department of Human Services and have forwarded that complaint onto Kevin Concannon. In addition, I have filed an application to become Custodial Parent.

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KenRichards

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Reply with quote  #9 

Pursue this with everything you have as the entrenched advantages allow your ex a chance to reclaim custody if you make a single mistake. 

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Reply with quote  #10 

Has your attorney filed a "Motion for Stay" on the existing child support order?


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"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
maizej

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Reply with quote  #11 

Yes...That was the motion he filed to suspend my current support order. He just did so this morning.


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“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.”

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Reply with quote  #12 

Great.  It sounds like your attorney is on top of the matter.  I see many cases where a simple motion is all that is required to rectify the situation.


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IowaFathers
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Visit us on facebook under Groups: Iowa Fathers



"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
seaman

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Reply with quote  #13 

It's pretty sad that a parent has to go through all of this just to rectify a situation that should be easy to fix (and shouldn't take an attorney to fix!).

JudyChat

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Reply with quote  #14 

Amen, seaman, AMEN!

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Reply with quote  #15 

I'm in total agreement!!!  Somewhere along the line, our government lost all "common sense."  Then again, I'm assuming it had "common sense" at one point or another throughout history.


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IowaFathers
P.O. Box 2884
Waterloo, IA 50704-2884
support@IowaFathers.com
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Visit us on facebook under Groups: Iowa Fathers



"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
maizej

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Reply with quote  #16 

Well...I just received an order to suspend my child support...Now we start the counting of the number of days that it takes CSRU to actually follow the order. So far it has been 2. I didn't realize it took a PhD. in Physics to operate a fax machine.


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“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.”

Abraham Lincoln

Big_Eric

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Reply with quote  #17 

It took a friend of mine a couple of months to get his stopped. He also had to get a judge to sign some different papers for him. It was a mess. I think getting out of prison would be easier.


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Eric E. Durnan
Wadena, Iowa

I don't see the glass as being half full or half empty. I see the glass as being twice as large as it needs to be.
maizej

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Reply with quote  #18 

Well my employer got a fax yesterday from CSRU stopping the income withholding. I was also able to speak to the actual CSRU worker and they have been holding the Child Support payments since I have had my children and they said that they would be reimbursing me for the payments which I have already made.


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“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.”

Abraham Lincoln

maizej

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Reply with quote  #19 

Well...I received a reimbursment check from CSRU on Saturday. I think my case is unique because of the situation, but also I work in Human Services and know which chains to pull.


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“We, the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow men who pervert the Constitution.”

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Reply with quote  #20 

Wow, it got accomplished in only two weeks...lol.


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IowaFathers
P.O. Box 2884
Waterloo, IA 50704-2884
support@IowaFathers.com
Website: http://www.IowaFathers.com
Visit us on facebook under Groups: Iowa Fathers



"Political reasons have not the requisite certainty to afford juridical interpretation. They are different in different men. They are different in the same men at different times. And when a strict interpretation of the Constitution, according to the fixed rules which govern the interpretation of laws, is abandoned, and the theoretical opinions of individuals are allowed to control its meaning, we have no longer a Constitution; we are under a government of individual men, who for the time being have the power to declare what the Constitution is, according to their own views of that it ought to mean." Dred Scott v.Sanford, 19 How. 393, 620 (1857) (Curtis, J., dissenting).
riyamisra

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Reply with quote  #21 
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