child support Archives - Page 18 of 20 - Cordell & Cordell

Man left out of child’s custody case sues state

A Nebraska man has filed a lawsuit against the state after it took authorities more than eight months to notify him that his daughter was removed from her mother’s home and placed into foster care, despite the fact that they had his personal information from child support payments, according to the Omaha World-Herald.

Michael Eggleston is suing Nebraska Health and Human Services seeking compensation for the eight months he paid child support to no avail, as well as his subsequent three-year legal battle to win custody of his daughter. Eggleston and the girl’s mother had a tumultuous relationship and after they broke up her mother forbade Eggleston from seeing his daughter, although he was ordered to pay child support, reported the newspaper.

The child was removed from her mother’s care after the woman made several suicide threats, was placed in foster care and was set to be released to her grandmother’s custody before Eggleston was notified of the situation by the Nebraska Foster Care Review Board. Eggleston told the media outlet he hopes his custody struggles will help change the state’s attitude toward parents who don’t have primary custody of their children.

“They made sure they had my money,” Eggleston said. “But anything more, they kept me out of the loop. Looking back on it, I’m still in total disbelief.”

A 2004 state Supreme Court ruling determined that a parent is deprived of a constitutionally protected right if he or she is excluded from a proceeding and if that parent is known to be capable of caring for the child.

Tenn. Supreme Court to tackle paternity fraud

The Tennessee Supreme Court has agreed to hear a case that could decide if a man has legal grounds to sue for being tricked into supporting a child that is not biologically his, according to The Associated Press.

The case involves a divorced couple from Maury County. The ex-husband, Chadwick Craig, sued his former wife for fraud in 2008 after discovering that he was not the biological father of their teenage son. In the suit, Craig claimed he had married the woman, worked a job he didn’t want and paid thousands in child support because he believed he was the father. In addition, Craig said he underwent a vasectomy, which he says he would not have done if he had known he did not have any biological children, reported the AP.

Craig was awarded $26,000 for child support and medical expenses. Although he was awarded $100,000 for emotional distress, the news source said the decision was struck down in appeals court.

The case may be the first time a state Supreme Court tackles the issue of whether paternity fraud is grounds for a lawsuit, according to the report.

Tennessee’s highest court recently heard another case pertaining to family law. The court will soon decide on a lawsuit that could alter how alimony is awarded to divorced couples.

Sheen and ex reach child custody agreement

According to a number of media reports, actor Charlie Sheen and his ex-wife have finalized their child custody agreement regarding their twin boys.

A source told E! News that the case has been settled, although no details of the agreement were revealed.

E! reports that the attorneys for Sheen and his former wife, Brooke Mueller, met with L.A. Superior Court Judge Hank Goldberg and after the meeting, the June 9 hearing was taken off the calendar.

“Brooke and Charlie’s attorneys are confident that a settlement can be reached before June 9, and it’s almost a done deal,” someone close to the situation told a prominent gossip news site. “There are a few very minor details to work out, but both sides are expected to tell the judge that the matter has been settled ahead of time.”

The news source reports that neither lawyer responded to requests for comment and a representative of Sheen’s declined to speak on the matter.

The news source reports that the actor pays both Mueller and actress Denise Richards $55,000 a month in child support.

Lawsuit alleging child support over-payments

A class action lawsuit has been filed against the state of Ohio for allegedly overcollecting on child support payments.

The lawsuit against the Ohio Department of Job and Family Services (ODJFS) claims that it has collected $176 million too much from more than 114,000 people who pay child support, according to a release from The American Coalition for Fathers and Children (ACFC).

Michael McCormick, the executive director of ACFC, said that the issue at stake in the lawsuit was important for everyone in Ohio.

“Overzealous and erroneous child support collection efforts affect all citizens. This case is not about parents who don’t, or can’t, pay child support,” he said. “ODJFS is literally taking money it is not entitled to from tens of thousands of good support paying mothers and fathers who could use those funds for food, shelter, and education for their children when they are with them.”

Other issues regarding child support in Ohio have emerged over the years. In 2010 the Columbus Dispatch reported that a single father had $50 deducted from his wages every week for child support, even though his son was living with him.

Single-dad households rise drastically

While men make the vast majority of child support payments, that trend might be changing a bit in Maryland, where the rise in number of single-father households was greater than the increase in single-mother households for the first time in more than 40 years.

According to the Baltimore Sun, the 2010 Census found that there were 47,200 families led by a single father, which represents an increase of about 6,000, or 14 percent, over 2000. This is compared to an increase of just 3.2 percent of single-mother households over the same period.

“There’s been a slow shift in the way that men view their roles as father, the way that women view men’s role as father, and the opportunities for women in the workplace,” Geoffrey L. Greif, an author who also teaches at the University of Maryland School of Social Work, told the news source.

Rachmiel Tobesman, who used to be the president of Maryland’s Fathers United for Equal Rights, said that the state has begun to shift to a playing field that doesn’t favor women at the expense of men.

The Census also found that less than 50 percent of households have married couples, which CNN reports is seen as a historical shift.