Complaint Review: Floyd H. Brink

Feb 10 1997 my ex husband was ordered to pay child support for both daughters until age 18 or until graduation from high school if they remained full time students.

Our oldest daughter moved in with him for a little under a year in 1999, moving back with me half way through her senior year. During the period of time she was with him he requested support modification which was determine at that time. When my daughter moved back with me modification was reconsidered, my ex and his attorney argueing that support for her should end at 17, claiming she had made an "adult" decision to move back with me, thus "Self Emancipating" herself. Of course that drew gasps from all the attending attorneys and was quickly dismissed, support then ordered accordingly.

The problem I was unaware of until Feb 2003 was, during the modification of 99-2000, his attorney changed the wording for our younger daughter that was not being addressed in the modification to read her support ended at age 18, no extension for the last 7 months she remained a full time student in high school. This order was not signed by either attorney but filed with the court. The only signature on the order I believe was from the commissioner, and the words "Taken under advisement" were also written in across where the attorney signatures go. I did not receive a copy of this filing, nor did my attorney see a copy.

To make a long story short, I contacted my attorney after I realized he had quit paying support, only to find out that we needed to go back into court to have the order vacated at a cost of what should have been approx. $700.00. The order was vacated after numerous court dates and extensive attorney costs, ordered to be returned to the correct verbage, however he is still argueing that even though it was a "clerical error" on his attorneys part, he should not be required to pay the 7 months child support. He filed a motion to reconsider, which was denied and has now filed another motion, again requesting a reconsideration. To this day, the cost has now exceeded the amount of support I will recover for my daughter, but without vacating the order, I would not have retained the right to file for post secondary education support.

Another note I would like to add, I offered my ex back in Feb, the option to pay for the remaing 7 months before I incurred attorney fees, and I would take care of college. His response to me was that if I wanted anything out of him I would have to take him to court. I chose to take him to court and have since filed for post secondary education for our daughter, as she is enrolled in a 1 year college.

My theory for why he is fighting so hard to overturn the vacated order is that he is self employed and its possible he felt he was free and clear of any support orders. Shortly after he thought support was over he made an offer on a piece of property to relocate his business. This was part of his arguement as to why he should not have to continue his support requirement. I believe he would have to show his correct income to qualify for a loan to purchase this property. For years he has reported income far less than when we were married. This current income information will be available to the courts to rule on in the case of the post secondary education. This might account for all his offers during the proceedings requesting me to sign a waiver stating I will not proceed with any college education support.


For the record I would also like to state the order also required medical insurance on my daughter. Up until 2003 she was on basic health. Unable to afford a car as well as car car insurance for our daughter, I took a second job working evenings, which put me over the alotted income for basic health. Not only did I pay for her car and insurance I now pay for all her medical and dental insurance. His only cost which hasn't been paid since Nov 2003 is $380.00 a month. He pays no additional cost for anything what so ever. And to frost the cake, he gets the tax exemption.

I will never understand a why a parent would fight so hard to avoid supporting their own child. Nor will I understand how this attorney was allowed to entered incorrect data, get the courts to enter it unsigned and then be allowed to continue running up my attorney fees argueing that he should not have to pay support.

His latest motion to have the vacated order reconsidered is set for July 2. The post secondary education support, filed in the county my daughter and I reside, will be set sometime in July or August, however I anticipate his objecting to the filing outside his county.

Any suggestions as to how to hold my ex and/or his attorney accountable for changing wording and filing of a court ruling, please let me know.

Lisa
Olympia, Washington
U.S.A.

Click here to read other Rip Off Reports on Dead Beat Dads and Moms