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

[Bayou Mistress]

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.

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.

 

[dlc]

Only posted in regards to why there was a search warrant. There it is, from Bender's mouth. I suppose he changed his mind since then about why the search warrant was issued?

Darn! I saw your post and thought there was new information! You owe me one.


N.B. - Just teasing around with you cause you said you were leaving us until we had something new to pick apart!

 

[Emma Ems]

http://durangoherald.com/article/20...ors-searching-house-of-Dylan-Redwine’s-father











“We are not calling Mark Redwine a suspect,” Sheriff’s spokesman Dan Bender said. “It was only prudent to search, because this was the last place Dylan was seen.”



About 15 investigators and analysts were involved in combing the premises, Bender said.


“But the meticulous nature of the search today required a search warrant,” Bender said.[/I]"

BBM, snipped for brevity to highlight reference for this:

[quote]A search warrant is required in any situation where artificial or high-tech search methods would otherwise be employed to gain the information sought.[/quote]

http://www.criminal-law-lawyer-source.com/terms/search-warrant.html

Seems pretty clear cut IMO. I found this later, but since we had moved on I didn't post it, but since we have been brought back to it now, it has relevance.

 

[Bayou Mistress]

Darn! I saw your post and thought there was new information! You owe me one.


N.B. - Just teasing around with you cause you said you were leaving us until we had something new to pick apart!

LOL, no, I just decided to not respond to arguments that the sun doesn't rise in the east. After all, a setting sun is a rising sun for someone on the other side of the world.

 

[dlc]

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.

Just my :twocents: :cow:

I don't know enough about divorce law in Colorado to comment on the child support issues, although I know we went through them rather exhaustively a while back, and there was some good information shared. I still have trouble with the search function, and I don't think some of the people who posted at the time are still on this thread.

 

[scorekeeper]

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.

I don't know if child support is suspended due to Dylan missing. But Elaine always paid Mark child support. Mark seems like someone that doesn't like to give up control. My gosh, it seems Elaine gave Mark everything/property in the divorce...seems she didn't care...just wanted rid of him and his bs.

If Mark is struggling to make a living ( I don't recall seeing that in MSM), that is his own darn fault....perhaps he needs financial plus some other type of counseling.

Poor, poor pitiful Mark....

JMO

 

[The Cheese]

I don't know enough about divorce law in Colorado to comment on the child support issues, although I know we went through them rather exhaustively a while back, and there was some good information shared. I still have trouble with the search function, and I don't think some of the people who posted at the time are still on this thread.

Yep I was here for those discussions. (I was following this case even before it was on WS, and following on here even before I became a member.)

The discussions and the research I did on my own didn't answer my questions.

 

[scorekeeper]

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

From his past behaviors, he does seem like a "let's sue, let's get it to court, let's sue" type of guy

JMO

 

[Crosby87]

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.

The Court deals with all aspects of child support so child support was likely ruled on at the hearing held on Sept 21st. Both parties are required to submit financial records before the hearing.

 

[dlc]

Yep I was here for those discussions. (I was following this case even before it was on WS, and following on here even before I became a member.)

The discussions and the research I did on my own didn't answer my questions.

Oh, I am so sorry! I couldn't remember when the discussions took place, and I was just trying to be helpful, because I recall thinking at the time that some of the people really knew what they were talking about, and some of them had actual professional expertise (which I do not).

I just thought that some people might have missed the conversations.

My bad.

 

[Bayou Mistress]

The Court deals with all aspects of child support so child support was likely ruled on at the hearing held on Sept 21st. Both parties are required to submit financial records before the hearing.

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.

 

[scorekeeper]

The Court deals with all aspects of child support so child support was likely ruled on at the hearing held on Sept 21st. Both parties are required to submit financial records before the hearing.

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.

 

[dlc]

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

Just my opinion, but that would be a hard row to hoe.

Given just the limited amount of information that we know about him, I can only imagine what could be dug up by someone getting paid to do so.

 

[SuperMom1995]

I don't know if child support is suspended due to Dylan missing. But Elaine always paid Mark child support. Mark seems like someone that doesn't like to give up control. My gosh, it seems Elaine gave Mark everything/property in the divorce...seems she didn't care...just wanted rid of him and his bs.

If Mark is struggling to make a living ( I don't recall seeing that in MSM), that is his own darn fault....perhaps he needs financial plus some other type of counseling.

Poor, poor pitiful Mark....

JMO

An order can be changed 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.
LINK: https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:faqRevAdj.jsp

Colorado Child Support Statute Verbatim:
"...the provisions of any decree respecting child support may be modified only as to installments accruing subsequent to the filing of the motion for modification and only upon a showing of changed circumstances that are substantial and continuing"
Colorado Statutes, Title 14 Domestic Matters

So after a certain amount of time, that I could not find, MR can be granted a reduction in child support due to the circumstances but will not be relieved of total child support until Dylan is legally determined to be deceased or age 16, if he chooses emancipation from parents, or marries, or 18 if he does not go for post secondary education, but MR could be responsible for child support past age 22, if Dylan is found alive and goes to college.

 

[Crosby87]

I don't know if child support is suspended due to Dylan missing. But Elaine always paid Mark child support. Mark seems like someone that doesn't like to give up control. My gosh, it seems Elaine gave Mark everything/property in the divorce...seems she didn't care...just wanted rid of him and his bs.

If Mark is struggling to make a living ( I don't recall seeing that in MSM), that is his own darn fault....perhaps he needs financial plus some other type of counseling.

Poor, poor pitiful Mark....

JMO

I agree that Elaine's method or plan for ridding herself of Mark backfired if that was her intention. Mark isn't able or perhaps willing to adapt to change and go with the flow.

In Mark's interview in the video store iirc, he said he was saving for Dylan's education so Dylan wouldn't have to struggle to make a living like he did.
He wasn't sure what Dylan wanted to be when he grew up but he thinks he wanted to join the army and in Canada, military members don't have to pay if they want to attend college or university. We don't know if Dylan had a college fund through Elaine's employer.

 

[DylansMom34]

Yep I was here for those discussions. (I was following this case even before it was on WS, and following on here even before I became a member.)

The discussions and the research I did on my own didn't answer my questions.

Being in Colorado, I remember hearing about Dylan's disappearance Monday night or Tuesday morning. It seems Dylan's thread was up mid-day Tuesday, so pretty darn quickly IMO. I started following very early on too. I remember the news reports kept stating Dylan was at his Dad's on a Court Ordered visit and some early reports speculating that Dylan could have been a runaway.

 

[SuperMom1995]

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

However, if what he would sue on turns out to be all truth about him he wouldn't be able to purchase anything on that, as the truth is the main defense against such a lawsuit. Louisiana still follows French Law, I think, so it may be different there. I don't know.

 

[scorekeeper]

I agree that Elaine's method or plan for ridding herself of Mark backfired if that was her intention. Mark isn't able or perhaps willing to adapt to change and go with the flow.

In Mark's interview in the video store iirc, he said he was saving for Dylan's education so Dylan wouldn't have to struggle to make a living like he did.
He wasn't sure what Dylan wanted to be when he grew up but he thinks he wanted to join the army and in Canada, military members don't have to pay if they want to attend college or university. We don't know if Dylan had a college fund through Elaine's employer.

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

 

[The Cheese]

Being in Colorado, I remember hearing about Dylan's disappearance Monday night or Tuesday morning. It seems Dylan's thread was up mid-day Tuesday, so pretty darn quickly IMO. I started following very early on too. I remember the news reports kept stating Dylan was at his Dad's on a Court Ordered visit and some early reports speculating that Dylan could have been a runaway.

and your point is?

 

[DylansMom34]

and your point is?

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!