CO- Dylan Redwine, 13, Vallecito, 19 November 2012 - #48

[The Cheese]

I was just confirming my recollection that the Dylan thread went up really quickly from the time Dylan's disappearance was reported by media. And it did!

Okay. If there's a point to that, I'm not getting it, but that's okay.

 

[azgrandma]

Child support is suspended when a child is missing afaik and Mark was not willing to transport possibly due to the cost. Elaine said their divorce was contentious because of assets and Mark said he struggled to make a living.

Nothing regarding child support adjustments is automatic, one parent has to file a request to amend the C/S, go to court and then receive the ruling.

I'd like to know just how much child support Elaine was ordered to pay MR, and MR was ordered to pay Elaine.

It's hard for me to speculate about any child support aspects of the case without knowing how much or how little we're talking about.

So far as child support while a child is missing, after a few months, I think it could probably be suspended, lowered, or perhaps paid into a special bank account, until the child's whereabouts are known. I don't think there's a legal obligation to pay child support to someone who's not caring for a child, and is therefore not paying for the child's necessities, particularly in regards to things like food and clothing. Maybe still pay a certain amount to maintain a home and bedroom for the child to come back to, and related expenses like electricity.

Just my :twocents: :cow:

BBM - there is a legal obligation and many obligations that remain in effect. i.e. ER would still need to provide medical & dental coverage. (assuming she is currently paying that, but if MR was providing medical & dental he would still need to keep that in force) Just because your child is missing IMO does not mean that there is no longer an obligation to provide, until your child is found deceased. I don't believe any parent would petition the courts to have child support stopped while a child is missing, MOO it would really be horrible after just 142 days to even attempt it. Someone else posted some very helpful info regarding CO child support requirements, but I already had this quote in the bunch

So, when party number 1 owes child support to party number 2 and then party number 2 now has to pay child support, does the balance get evened out or does party number 1 still owe party number 2 child support and party number 2 starts owing/paying child support to party number 1.

It's my understanding and my experience, that there are actually two options, both parties can agree to let one amount offset another or they can say nope you pay yours and I'll pay mine. (happened to my DIL her ex would not agree to having what she owed him offset what he owed her)

Then again, he might find purchase in a defamation or libel claim....

Wow, for what and against who? :what:

Oh, did I ask a silly question?

I have the sense that the child support issues were as yet unresolved. But, I'm sure you are right. Before a ruling is made both are required to submit financial records.

Is there a msm that indicates there were unresolved c/s issues? I haven't seen that. TIA


IMO any parent of a missing child that has an obligation for support and request that the courts reduce or eliminate that obligatin because the child is missing, well they would need to seriously be looked at. Why would you? (general you)

 

[azgrandma]

BBM

Thanks. I do remember Mark talking about saving for Dylan's college.

But any good financial planner should tell you to save for your retirement and not your kid(s)' college education; that is if you are struggling yourself financially. Your kids may not want to go to college and if they do, there are loans available....you can't borrow money for your retirement...

JMO

BBM - EXACTLY! I have been working with an RIA for over 16 years, that is exactly what we tell our clients! Retirement first, children second. It sounds harsh but the reality of it is exactly what you mentioned, some children don't want to go to college. If MR has a 529 plan, those funds can benefit other relatives if Dylan decided to forgo college, you just change the beneficiary. Since MR works with a major firm, I can't imagine someone not taking advantage of the company match on a 401(k) or SIMPLE IRA.

 

[Psychic Sleuth]

When does everyone think this lake search will take place? I know it's not going to be announced and I totally understand but I would think soon. I know they are supposed to get some snow today but then warming back up tomorrow and the lake should be completely ice free by this weekend. Next week maybe? I remember way back people saying ice off was usually around mid April, so it looks to be right on schedule. I would think the search team has been planning for around that time.

 

[scorekeeper]

When does everyone think this lake search will take place? I know it's not going to be announced and I totally understand but I would think soon. I know they are supposed to get some snow today but then warming back up tomorrow and the lake should be completely ice free by this weekend. Next week maybe? I remember way back people saying ice off was usually around mid April, so it looks to be right on schedule. I would think the search team has been planning for around that time.

I think most of the ice is off the lake. I don't recall where I saw pictures of the lake but there was NO ice near the dam. Here's the weather cam...they did get snow and it still may be snowing there...

http://okielegacy.us/

Heck this morning, there was more snow (the road was covered)....gotta love the spring snows....here this morning then gone this afternoon

 

[azgrandma]

When does everyone think this lake search will take place? I know it's not going to be announced and I totally understand but I would think soon. I know they are supposed to get some snow today but then warming back up tomorrow and the lake should be completely ice free by this weekend. Next week maybe? I remember way back people saying ice off was usually around mid April, so it looks to be right on schedule. I would think the search team has been planning for around that time.

IDK but I hope it is soon. An organization I belong to was making plans for mother's day brunch & service (it's beautiful) and I had to leave the meeting crying because of Elaine. I can't imagine her going through Mother's Day without an answer.

 

[Crosby87]

and remember that Mark went to his attorney's office (and his employer's payroll) on Monday to "file some papers".

Wouldn't surprise me one bit if he was contesting the amount of child support he was ordered to pay. Ohio (where I live) had a policy that you had to wait a period (perhaps 90 days) before you could file for an adjustment in your child support payments...I don't know about Colorado.

Mark has the right to appeal the Judge's ruling on child support payments doesn't he? But if Mark can't present new evidence in his appeal which will convince the Judge to reconsider his ruling, Mark's appeal might automatically be denied especially since there were no major change in their finances.

 

[azgrandma]

Mark has the right to appeal the Judge's ruling on child support payments doesn't he? But if Mark can't present new evidence in his appeal which will convince the Judge to reconsider his ruling, Mark's appeal might automatically be denied especially since there were no major change in their finances.

Question: How often can the order be modified?

Answer: An order can be modified as often as is necessary if it meets the standard written in §14-10-122 of the Colorado Revised Statutes (C.R.S.). This standard says change in circumstances must be substantial and continuing and that the amount of the child support order must increase or decrease by 10%. For example, if the child support order is $100 a month, it can be modified if it increased or decreased by $10 per month. If a change needs to be made related to the medical coverage for the children this is always a reason to change the support order.



Question: What do I have to do to get the amount of the child support order changed?

Answer: If there is a Child Support Enforcement (CSE) case, you can send a written request to your county CSE Unit explaining why you need the child support order changed. This is known as the “review and adjustment” process. Review and adjustment is the process used by your county CSE Unit to review the family's current financial situation and determine whether the child support order should be changed or not. You should include any supporting documentation you have such as pay stubs showing a change in income or receipts showing an increase in child related expenses (child care, health insurance, uninsured medical expenses). If there is not an open CSE case with a county CSE Unit, you may apply for services and then request a change in your support order.

At anytime you may also file a motion to modify with the court that has the authority to change the order. You may retain a private attorney to do this or represent yourself. Forms for filing a motion can be obtained at the Colorado Judicial Department website.


https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:faqRevAdj.jsp

 

[SuperMom1995]

Child support is suspended when a child is missing afaik and Mark was not willing to transport possibly due to the cost. Elaine said their divorce was contentious because of assets and Mark said he struggled to make a living.

Could you please provide a link for where it says child support is suspended if a child goes missing? According to Title 14 of Colorado Code, you would have to prove substantial changes in circumstances for a continuing amount of time (which was not specified, and as AZ said, procedure dictates that you would have to file a motion to show those changed circumstances.

 

[ColdHands]

When does everyone think this lake search will take place? I know it's not going to be announced and I totally understand but I would think soon. I know they are supposed to get some snow today but then warming back up tomorrow and the lake should be completely ice free by this weekend. Next week maybe? I remember way back people saying ice off was usually around mid April, so it looks to be right on schedule. I would think the search team has been planning for around that time.

We had/have a storm last night and today pushing up from the south, so that's probably going to be a delay, but it's moving out. Weather.com 5 day report for Vallecito says 50s by the weekend.

It's not like it can be kept a secret once the search starts, unless they plan on covert nighttime operations. As soon as someone is spotted on the lake with gear, I'm sure we'll hear/read something online somewhere. Doc's Marina posted on March 19th that they thought they'd be open in 2 weeks - they haven't updated their blog though. http://www.docsmarina.com/

 

[azgrandma]

http://search.jurisearch.com/NLLXML...12&Title=14&datatype=S&noheader=1&nojumpmsg=0

CRS 14-10-115 interesting information on past questions regarding termination, calculations and modifications.

 

[Crosby87]

BBM

Thanks. I do remember Mark talking about saving for Dylan's college.

But any good financial planner should tell you to save for your retirement and not your kid(s)' college education; that is if you are struggling yourself financially. Your kids may not want to go to college and if they do, there are loans available....you can't borrow money for your retirement...

JMO

Thank for your sound advice. Mark's worked for the same company for many years so he probably has a retirement fund there and it started when he was hired. And Mark kept the house he received when he and Elaine divorced in 2008.

 

[Psychic Sleuth]

Thank for your sound advice. Mark's worked for the same company for many years so he probably has a retirement fund there and it started when he was hired. And Mark kept the house he received when he and Elaine divorced in 2008.

How long has MR worked at his company? And it seems MR got to keep both houses the couple owned (the one he lives in and the rental). I don't know how that was computed and seems a little odd to me but that's what it seems.

 

[azgrandma]

Thank for your sound advice. Mark's worked for the same company for many years so he probably has a retirement fund there and it started when he was hired. And Mark kept the house he received when he and Elaine divorced in 2008.

True, but there's been nothing that I've seen that indicates that he does or doesn't participate in an employer sponsored plan. If he is participating, is he maxing it out? Is he adjusting for the catch up contributions that are allowed? What is the employer matching obligation if any? Investments have taken a huge hit and are just currently bouncing back, depending on his allocations and whether or not he panicked during the down turn will have a huge impact on retirement planning.

In regards to the homes, I haven't seen what the purchase details are, how long the loan was, if the second home has been consistently occupied and rental amounts are sufficient to cover the monthly mortgage. There are many factors that are unknown and actually a home is not a good nor sound retirement fund. IMO

Also, considering ER's employment and long-standing history of employment within the educational system, secondary educational benefits to dependents is typically offered. There would be no real need for a college savings plan The above is IMO.

 

[Crosby87]

Question: How often can the order be modified?

Answer: An order can be modified as often as is necessary if it meets the standard written in §14-10-122 of the Colorado Revised Statutes (C.R.S.). This standard says change in circumstances must be substantial and continuing and that the amount of the child support order must increase or decrease by 10%. For example, if the child support order is $100 a month, it can be modified if it increased or decreased by $10 per month. If a change needs to be made related to the medical coverage for the children this is always a reason to change the support order.



Question: What do I have to do to get the amount of the child support order changed?

Answer: If there is a Child Support Enforcement (CSE) case, you can send a written request to your county CSE Unit explaining why you need the child support order changed. This is known as the “review and adjustment” process. Review and adjustment is the process used by your county CSE Unit to review the family's current financial situation and determine whether the child support order should be changed or not. You should include any supporting documentation you have such as pay stubs showing a change in income or receipts showing an increase in child related expenses (child care, health insurance, uninsured medical expenses). If there is not an open CSE case with a county CSE Unit, you may apply for services and then request a change in your support order.

At anytime you may also file a motion to modify with the court that has the authority to change the order. You may retain a private attorney to do this or represent yourself. Forms for filing a motion can be obtained at the Colorado Judicial Department website.


https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:faqRevAdj.jsp

Thank you very much. MR said he had to see his employer first thing Monday morning to adjust his work hours didn't he? Maybe Mark did go to the lawyer because his wage decreased by 10% and he wanted his lawyer to notify the Court. MOO

 

[azgrandma]

How long has MR worked at his company? And it seems MR got to keep both houses the couple owned (the one he lives in and the rental). I don't know how that was computed and seems a little odd to me but that's what it seems.

Very good questions! I don't recall seeing any msm that indicated how long MR has worked for his current employer. All we have seen/heard is that he drove a truck and was away from home often (not even sure if it was extended days/weeks or just long days). The pipeline company has never confirmed nor denied his employment there.

 

[ColdHands]

True, but there's been nothing that I've seen that indicates that he does or doesn't participate in an employer sponsored plan. If he is participating, is he maxing it out? Is he adjusting for the catch up contributions that are allowed? What is the employer matching obligation if any? Investments have taken a huge hit and are just currently bouncing back, depending on his allocations and whether or not he panicked during the down turn will have a huge impact on retirement planning.

In regards to the homes, I haven't seen what the purchase details are, how long the loan was, if the second home has been consistently occupied and rental amounts are sufficient to cover the monthly mortgage. There are many factors that are unknown and actually a home is not a good nor sound retirement fund. IMO

Also, considering ER's employment and long-standing history of employment within the educational system, secondary educational benefits to dependents is typically offered. There would be no real need for a college savings plan The above is IMO.

BBM - I was just thinking about this so I went and checked their website. Elaine is at Colorado College, right? Their website has a nice section for employees and lists benefits. Dependent tuition is not listed as a benefit. http://www.coloradocollege.edu/offices/humanresources/benefits/

It is for DU - my aunt worked there for years and that was how they were able to put 3 kids through school. You'd think if they had that as a benefit it would be listed on their website. Here's the DU link http://www.du.edu/hr/benefits/tuition_waiver_benefit_overview.html

So I don't believe Colorado College offers tuition waiver as a benefit. IMO.

 

[Psychic Sleuth]

Thank you very much. MR said he had to see his employer first thing Monday morning to adjust his work hours didn't he? Maybe Mark did go to the lawyer because his wage decreased by 10% and he wanted his lawyer to notify the Court. MOO

Hmmm...don't quote me but I thought he needed to turn in his travel receipts so he could get reimbursed?

 

[Crosby87]

Could you please provide a link for where it says child support is suspended if a child goes missing? According to Title 14 of Colorado Code, you would have to prove substantial changes in circumstances for a continuing amount of time (which was not specified, and as AZ said, procedure dictates that you would have to file a motion to show those changed circumstances.

I don't know if child support is suspended when a child is missing so that's why I said afaik it is.

Is a missing child a substantial change in circumstances?

 

[azgrandma]

Thank you very much. MR said he had to see his employer first thing Monday morning to adjust his work hours didn't he? Maybe Mark did go to the lawyer because his wage decreased by 10% and he wanted his lawyer to notify the Court. MOO

Actually I don't recall any msm that indicated he went to his employer to adjust his work hours. MR indicated that he needed to s/w the payroll dept but that was it, he did not get into any detail.

I know that there has been a LOT of fb rumor on the UNofficial pages about his dealings with the HR dept.

He did mention seeing his attorney and I believe in the MB interview MR indicated that it was to finish up some court issues but I don't recall the exact words.

Heck for all we know (we being general) MR could be unemployed by now, have a new job or still pounding away at whatever job he did have. I still think IMO it would take a pretty low person to request a change in their child support obligation or to even continue such a motion if it were filed the day your child disappeared while in your care, but that's MOO.