Good Morning. Before proceeding in this matter, we would like to get some additional input. I tend to ramble, so I'm going to try to just put the important points....
My fiance' has three children from a previous marriage.
He and his ex-wife separated briefly in 1991 (prior to the birth of the third child in 1993), at which time she filed for public aid/child support. However, upon reconciliation, she continued to falsify public aid requests/information to continue receiving the aid, and did not notify the court system that he was providing support for the family. Therefore, child support continued to accrue.
One of the three children is now grown and has her own child/responsibilities. The support order no longer reflects payments for her, although the amount is not reduced. He has no problem with the amount being paid.
The problem lies with the amount in arrearage. The most recent statement received claims that he owes $26,000.00 in arrearage. This is frustrating, because his paychecks are garnished every week, which includes an amount to be paid toward the arrearage, but the arrearage has mysteriously jumped from $20,000.00 to $26,000.00 in a matter of a year!
The problem with arrearage encompasses several items:
1. A large portion of the arrearage includes an amount accrued during a time in which he provided support to his ex-wife and children, and may possibly be able to prove that.
2. A portion of the arrearage includes a year in which his oldest daughter resided in our home, and can also be proven.
3. A portion of the arrearage includes approx two years in which the oldest had moved out of our home, lived on her own, and did not attend college, which I understand was a stipulation to continue receiving support at her age at the time.
Now, here's the part in which we are wondering how much legal obligation he now continues to carry in this matter......
Although he and his wife were "technically/legally" separated in 1991, they were not "legally" divorced until 2006. She repeatedly requested hearing dates for the divorce, but repeatedly failed to show, after we would drive several hundred miles to be there.
Finally, they both appeared in front of the judge and a final order was issued. The final order states that the petition for dissolution of marriage was originally filed February 27, 2001. Therefore, should reflect any pertenent information regarding child support, etc. (I have a copy of a support order from the same court/same county with a date of 1993).
The divorce order states, "Wife should retain the legal and physical custody of the two (2) minor children of the parties. Wife has agreed to accept the sum of $90.00 per week for the support of the two (2) remaining minor children of the parties. There exists no outstanding order of support in this cause of action. Therefore, there can be no finding of any support arrearage."
With that said, I'm wondering, can the courts then turn around and send him an arrearage bill of $27,000.00 and continue to withhold taxes without further appeal of the latest judgement? A few weeks ago he received notice of the arrearage, with the origination date of the previous order, but since the final judgement specifically states "NO finding of any support arrearage", wouldn't it stand?
I have asked my fiance' not to mention this to his ex wife, the child support collection agency, or the courts until he receives further advice. Not sure where to go from here!