sweetpeasmom
Pearl Clutcher
Posts: 2,704 
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Post by sweetpeasmom on Oct 13, 2024 19:04:49 GMT
Update: 10/15/24
My sister called this morning and was told that she was adopted on 8/21. DFACS was notified on 8/26 with no response. The case was closed 9/24. That is why the money was sent back.
My sister was pretty upset hearing this news. Having been told for months she wasn't adopted, she got in her head that that meant she could get her rights back. To hear this just opened that wound all over again.
My sister's court date was 8/16. She was adopted on 8/21. You'd think if she was that close to the adoption, that some how it would have been settled then. But it is what it is. Now I just pray my sister can move forward and try to make her life as best she can. So that in 10 years or so, if my niece comes looking for her, she'll have a life worthwhile.
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Any of the peas work in this area? I have a question that we can't seem to get a straight answer on. Please bare with me, this might be long.
My sister has a child (almost 8) . She was placed into foster care in 2022. My mom was granted to be the foster guardian. Mom had a stroke in 2023 and wasn't able to take care of my niece anymore. My niece was placed with a foster family shortly after. In January of this year, my sister signed over her rights. While my niece was in foster care (from what I can gather since almost day 1), DFACS was trying to serve my sister with child support papers. She never got them bc they kept trying to serve her where she didn't live anymore (they had her correct address, they knew where she was). And the only reason we found out was when I went online to look up something on a court case of hers in a separate matter and found that case. When she signed over her rights in January, the child support case got dismissed without prejudice in that county that was trying to serve her. Then a little while later, it was refiled in the county she now lives in and they were able to serve her.
My sister was told in the fall of last year, that my niece was living with a family that was ready to adopt her as soon as my sister's rights were terminated. As far as we can tell, to this day she still has never been adopted. We aren't sure why or what that means.
She went to her hearing for the child support in August. She does not have an attorney. She cannot afford one. The one that was assigned to her for her parental rights case has stopped answering her. He did the minimum for her and that was it. So she has no one to represent her and guide her through this.
At that hearing in August, she was told she had to pay X amount starting October 1. She had 1/2 that come out of her last paycheck and the next amount will come out of her next pay check.
She reached out a few weeks ago via the portal because when she logged in to pay, it said her arrears were zero. We thought they were trying to get back pay child support from when she still had her rights and my niece was in foster care. She was told when she reached out re: the zero arrears, that there were no past due balance/arrears due. The current support was for X amount but the date she was given was 5/1/24. This conversation was on 9/25/24 via the portal. She asked when she will pay until and was told as long as the case is active. No way of knowing when it will close.
Well, this weekend she received a check in the mail, pay to the order of my sister, for the exact amount her monthly child support is supposed be. The bottom stub on the check says the payee is my sister. But then it also says the payor is my sister.
We are beyond confused. We have no clue why they are trying to get child support from her now when she no longer has any parental rights. If it's back child support from 2022-2024, when she was in foster care, then we can understand that. But she has been told this is not back child support. She has asked if she is paying current child support and my niece has not been adopted, can she please have visitation. No one answers her.
I want to be clear, I believe that my niece is better off where she is at, in that I don't think my sister is in a place and I don't know that she'll ever be in a place to take care of her. Do I know anything about the family she is with? No. So I can't be 100% certain that things aren't any worse. But I have to believe that she is with a good family. I just want my sister to get clarity and be able to know exactly what the hell is going on. Does she owe? Does she not? Does she have any rights if she does owe?
Any pea that can help with ideas?
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Post by Lurkingpea on Oct 13, 2024 20:08:06 GMT
Any of the peas work in this area? I have a question that we can't seem to get a straight answer on. Please bare with me, this might be long.
My sister has a child (almost 8) . She was placed into foster care in 2022. My mom was granted to be the foster guardian. Mom had a stroke in 2023 and wasn't able to take care of my niece anymore. My niece was placed with a foster family shortly after. In January of this year, my sister signed over her rights. While my niece was in foster care (from what I can gather since almost day 1), DFACS was trying to serve my sister with child support papers. She never got them bc they kept trying to serve her where she didn't live anymore (they had her correct address, they knew where she was). And the only reason we found out was when I went online to look up something on a court case of hers in a separate matter and found that case. When she signed over her rights in January, the child support case got dismissed without prejudice in that county that was trying to serve her. Then a little while later, it was refiled in the county she now lives in and they were able to serve her.
My sister was told in the fall of last year, that my niece was living with a family that was ready to adopt her as soon as my sister's rights were terminated. As far as we can tell, to this day she still has never been adopted. We aren't sure why or what that means.
She went to her hearing for the child support in August. She does not have an attorney. She cannot afford one. The one that was assigned to her for her parental rights case has stopped answering her. He did the minimum for her and that was it. So she has no one to represent her and guide her through this.
At that hearing in August, she was told she had to pay X amount starting October 1. She had 1/2 that come out of her last paycheck and the next amount will come out of her next pay check.
She reached out a few weeks ago via the portal because when she logged in to pay, it said her arrears were zero. We thought they were trying to get back pay child support from when she still had her rights and my niece was in foster care. She was told when she reached out re: the zero arrears, that there were no past due balance/arrears due. The current support was for X amount but the date she was given was 5/1/24. This conversation was on 9/25/24 via the portal. She asked when she will pay until and was told as long as the case is active. No way of knowing when it will close.
Well, this weekend she received a check in the mail, pay to the order of my sister, for the exact amount her monthly child support is supposed be. The bottom stub on the check says the payee is my sister. But then it also says the payor is my sister.
We are beyond confused. We have no clue why they are trying to get child support from her now when she no longer has any parental rights. If it's back child support from 2022-2024, when she was in foster care, then we can understand that. But she has been told this is not back child support. She has asked if she is paying current child support and my niece has not been adopted, can she please have visitation. No one answers her.
I want to be clear, I believe that my niece is better off where she is at, in that I don't think my sister is in a place and I don't know that she'll ever be in a place to take care of her. Do I know anything about the family she is with? No. So I can't be 100% certain that things aren't any worse. But I have to believe that she is with a good family. I just want my sister to get clarity and be able to know exactly what the hell is going on. Does she owe? Does she not? Does she have any rights if she does owe?
Any pea that can help with ideas?
What state is the parent in? What about the child? Your sister needs an attorney. I know you said she can't afford one but if you list the state she is in I imagine the peas will have a resource for her. You're poor niece. I hope that she is in a good home and is being taken care of and is loved the way she deserves. |
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 13, 2024 21:28:04 GMT
Any of the peas work in this area? I have a question that we can't seem to get a straight answer on. Please bare with me, this might be long.
My sister has a child (almost 8) . She was placed into foster care in 2022. My mom was granted to be the foster guardian. Mom had a stroke in 2023 and wasn't able to take care of my niece anymore. My niece was placed with a foster family shortly after. In January of this year, my sister signed over her rights. While my niece was in foster care (from what I can gather since almost day 1), DFACS was trying to serve my sister with child support papers. She never got them bc they kept trying to serve her where she didn't live anymore (they had her correct address, they knew where she was). And the only reason we found out was when I went online to look up something on a court case of hers in a separate matter and found that case. When she signed over her rights in January, the child support case got dismissed without prejudice in that county that was trying to serve her. Then a little while later, it was refiled in the county she now lives in and they were able to serve her.
My sister was told in the fall of last year, that my niece was living with a family that was ready to adopt her as soon as my sister's rights were terminated. As far as we can tell, to this day she still has never been adopted. We aren't sure why or what that means.
She went to her hearing for the child support in August. She does not have an attorney. She cannot afford one. The one that was assigned to her for her parental rights case has stopped answering her. He did the minimum for her and that was it. So she has no one to represent her and guide her through this.
At that hearing in August, she was told she had to pay X amount starting October 1. She had 1/2 that come out of her last paycheck and the next amount will come out of her next pay check.
She reached out a few weeks ago via the portal because when she logged in to pay, it said her arrears were zero. We thought they were trying to get back pay child support from when she still had her rights and my niece was in foster care. She was told when she reached out re: the zero arrears, that there were no past due balance/arrears due. The current support was for X amount but the date she was given was 5/1/24. This conversation was on 9/25/24 via the portal. She asked when she will pay until and was told as long as the case is active. No way of knowing when it will close.
Well, this weekend she received a check in the mail, pay to the order of my sister, for the exact amount her monthly child support is supposed be. The bottom stub on the check says the payee is my sister. But then it also says the payor is my sister.
We are beyond confused. We have no clue why they are trying to get child support from her now when she no longer has any parental rights. If it's back child support from 2022-2024, when she was in foster care, then we can understand that. But she has been told this is not back child support. She has asked if she is paying current child support and my niece has not been adopted, can she please have visitation. No one answers her.
I want to be clear, I believe that my niece is better off where she is at, in that I don't think my sister is in a place and I don't know that she'll ever be in a place to take care of her. Do I know anything about the family she is with? No. So I can't be 100% certain that things aren't any worse. But I have to believe that she is with a good family. I just want my sister to get clarity and be able to know exactly what the hell is going on. Does she owe? Does she not? Does she have any rights if she does owe?
Any pea that can help with ideas?
What state is the parent in? What about the child? Your sister needs an attorney. I know you said she can't afford one but if you list the state she is in I imagine the peas will have a resource for her. You're poor niece. I hope that she is in a good home and is being taken care of and is loved the way she deserves. Both are in Georgia. |
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Post by Lurkingpea on Oct 13, 2024 21:44:14 GMT
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pantsonfire
Drama Llama
Take a step back, evaluate what is important, and enjoy your life with those who you love.
Posts: 6,272
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Post by pantsonfire on Oct 13, 2024 21:47:00 GMT
Look for grass roots parental rights groups. They should be able to direct you to who you should talk to.
See if your Y has low cost and free legal aide. They may also be able to direct to free or low cost legal help if they don't cover that.
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Post by jill8909 on Oct 13, 2024 21:49:19 GMT
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Post by Darcy Collins on Oct 13, 2024 21:52:22 GMT
Not a lawyer and don't play one on the Internet. If they're saying she has 0 arrears and mailed her a check for what she paid, I would lean to thinking that they determined that they'd collected after losing parental rights and didn't owe, BUT only a local lawyer/expert is really going to be able to help her.
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 13, 2024 22:01:40 GMT
I asked her if she reached out to legal aid and she said they wouldn't take her case because they didn't have enough room. Not sure what that means. I guess they don't take all cases that qualify.
I know she needs an attorney but she can't afford one. It's like damned if she does and damned if she doesn't.
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 13, 2024 22:13:35 GMT
And with them telling her that my niece hasn't been adopted yet, she feels like she had a chance to get her back. I have tried to tell her in a gentle way that this is the best thing for her daughter. But I can understand as a mother that if there is any chance, she's going to hold onto that.
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Post by christine58 on Oct 13, 2024 22:25:02 GMT
And with them telling her that my niece hasn't been adopted yet, she feels like she had a chance to get her back. I have tried to tell her in a gentle way that this is the best thing for her daughter. But I can understand as a mother that if there is any chance, she's going to hold onto that. Well she relinquished her rights, correct? I would think that if there was a chance of reunification things would’ve started already. She would’ve had parenting classes, etc. but she gave up her rights to that child. And I don’t think a lot of people realize that when a child goes into foster care the parents have to pay support. I didn’t know that until I started teaching and had kids in and out of foster care and somebody made that comment at a DSS meeting I was at. |
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Post by mom on Oct 13, 2024 22:39:22 GMT
When my xDH and I were going thru custody stuff, xDH had a problem that he'd pay into the state for child support and then get a check back the following month. Turns out, there were two case numbers (I don't recall why, but I am pretty sure the first case was dismissed but then we had to refile for child support and got a second case number then). Anyway, he was sending the child support to be applied to the wrong case number and because he wasn't using the correct case number, I wasn't getting the child support sent on to me.
All that to say, double check case numbers and make sure everything is the same.
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Post by jill8909 on Oct 14, 2024 2:55:02 GMT
I asked her if she reached out to legal aid and she said they wouldn't take her case because they didn't have enough room. Not sure what that means. I guess they don't take all cases that qualify.
I know she needs an attorney but she can't afford one. It's like damned if she does and damned if she doesn't.
Ok that makes sense. Legal aid cannot accept all clients and they often prioritize things like evictions and domestic abuse, i am sorry |
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 14, 2024 2:59:53 GMT
And with them telling her that my niece hasn't been adopted yet, she feels like she had a chance to get her back. I have tried to tell her in a gentle way that this is the best thing for her daughter. But I can understand as a mother that if there is any chance, she's going to hold onto that. Well she relinquished her rights, correct? I would think that if there was a chance of reunification things would’ve started already. She would’ve had parenting classes, etc. but she gave up her rights to that child. And I don’t think a lot of people realize that when a child goes into foster care the parents have to pay support. I didn’t know that until I started teaching and had kids in and out of foster care and somebody made that comment at a DSS meeting I was at. While she was in foster care (or I guess it sounds like she still is), reunification was the goal. My sister did classes, etc. But after multiple warnings, they told her they would begin the process to terminate her rights. It's a really long sorted story. But in the end, she continued to mess up and they finally had enough. She was not in a place or position to fight it like one would need to. I went to the court hearing that day and it was brutal. An hour of them tearing her down. Finally my sister said enough, she would sign over her rights. It was a gut wrenching day. But as I have stated, I do feel it was for the best. But since she has not been adopted, she's had others tell her to try and get her back. She feels that there is some shady stuff going on. I have tried to tell her while I don't agree with some of the things that they did in that time, I don't think it's anything shady here.
When my xDH and I were going thru custody stuff, xDH had a problem that he'd pay into the state for child support and then get a check back the following month. Turns out, there were two case numbers (I don't recall why, but I am pretty sure the first case was dismissed but then we had to refile for child support and got a second case number then). Anyway, he was sending the child support to be applied to the wrong case number and because he wasn't using the correct case number, I wasn't getting the child support sent on to me. All that to say, double check case numbers and make sure everything is the same.
Huh. You know that very well could be what happened. Like I said, there was one case in one county. It got dismissed and refiled in another. I will mention that to her.
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Post by mikklynn on Oct 14, 2024 13:56:30 GMT
I asked her if she reached out to legal aid and she said they wouldn't take her case because they didn't have enough room. Not sure what that means. I guess they don't take all cases that qualify.
I know she needs an attorney but she can't afford one. It's like damned if she does and damned if she doesn't.
Are you able to reach out to legal aid on her behalf? It sounds like she has issues that may prevent her from asking for or giving the right info. This sounds awful for everyone involved. I hope you can find help for her. |
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 14, 2024 22:49:55 GMT
I asked her if she reached out to legal aid and she said they wouldn't take her case because they didn't have enough room. Not sure what that means. I guess they don't take all cases that qualify.
I know she needs an attorney but she can't afford one. It's like damned if she does and damned if she doesn't.
Are you able to reach out to legal aid on her behalf? It sounds like she has issues that may prevent her from asking for or giving the right info. This sounds awful for everyone involved. I hope you can find help for her. I may call tomorrow. Today all the courts and offices were closed.
I looked over the paperwork she received and there are a couple of things that I'm questioning. One it says that this order is being set for more than one child. She only has the 1 in foster care (her other daughter is over 18). The other is that there is no end date. It does not mark so long as order or until she reaches 18. Both are left blank. So she has zero clue how long she will be paying for.
I looked at the income they are basing this on. Then I looked at her paystubs for the last 2 months. She is only averaging 50 hrs every 2 weeks (so 25 hrs per week). She makes less than $800 gross every 2 weeks. They are basing her monthly at about 25% more than that. Not sure how they derived this number.
I know she needs an attorney. Just not sure how to go about that. We aren't able to pay for one. I reached out in March of 2023 to a couple regarding her situation (not child support but her situation) and was told it would be $10,000 or more.
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Post by mom on Oct 14, 2024 23:30:23 GMT
Are you able to reach out to legal aid on her behalf? It sounds like she has issues that may prevent her from asking for or giving the right info. This sounds awful for everyone involved. I hope you can find help for her. I may call tomorrow. Today all the courts and offices were closed.
I looked over the paperwork she received and there are a couple of things that I'm questioning. One it says that this order is being set for more than one child. She only has the 1 in foster care (her other daughter is over 18). The other is that there is no end date. It does not mark so long as order or until she reaches 18. Both are left blank. So she has zero clue how long she will be paying for.
I looked at the income they are basing this on. Then I looked at her paystubs for the last 2 months. She is only averaging 50 hrs every 2 weeks (so 25 hrs per week). She makes less than $800 gross every 2 weeks. They are basing her monthly at about 25% more than that. Not sure how they derived this number.
I know she needs an attorney. Just not sure how to go about that. We aren't able to pay for one. I reached out in March of 2023 to a couple regarding her situation (not child support but her situation) and was told it would be $10,000 or more.
My state has a formula they use - it’s 20% of the paying parents net income. But for two kids, it goes to 25% of net income. Does your state have something like that? |
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 14, 2024 23:59:16 GMT
I may call tomorrow. Today all the courts and offices were closed.
I looked over the paperwork she received and there are a couple of things that I'm questioning. One it says that this order is being set for more than one child. She only has the 1 in foster care (her other daughter is over 18). The other is that there is no end date. It does not mark so long as order or until she reaches 18. Both are left blank. So she has zero clue how long she will be paying for.
I looked at the income they are basing this on. Then I looked at her paystubs for the last 2 months. She is only averaging 50 hrs every 2 weeks (so 25 hrs per week). She makes less than $800 gross every 2 weeks. They are basing her monthly at about 25% more than that. Not sure how they derived this number.
I know she needs an attorney. Just not sure how to go about that. We aren't able to pay for one. I reached out in March of 2023 to a couple regarding her situation (not child support but her situation) and was told it would be $10,000 or more.
My state has a formula they use - it’s 20% of the paying parents net income. But for two kids, it goes to 25% of net income. Does your state have something like that? I am not sure the % in Georgia. I am looking at her court paperwork and it has 67% on there. They have DFACS on there at 32.95% and my sister at 67.05%. It says gross income, not net. I don't think they are using 67.05% of her gross because that doesn't math with the amount they have her paying. |
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sweetpeasmom
Pearl Clutcher
Posts: 2,704
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Post by sweetpeasmom on Oct 15, 2024 21:01:49 GMT
Updated 10/15/24
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