Child Support Arrearage

**Mokie** · 11-20-2006, 06:21 AM

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!

**screwedforever** · 11-20-2006, 07:43 AM

Mokie it could be that his interest rate changed. Mine changed from 6% to 12%. You might want to check-up on that.

**Mr. Knowitall** · 11-20-2006, 08:26 AM

Whether or not he owes money to his ex- has nothing to do with whether or not he owes money to the state for welfare benefits she received. As for her continuing to obtain benefits after they reconciled, he's lucky they weren't both caught at the time and charged with welfare fraud.

**Mokie** · 11-20-2006, 10:26 AM

I may not have been real clear, I apologize. He doesn't have a balance directly with the state. Anything previously due to the state has been settled. His arrearage is owed to the ex, but there is a third-party agency attempting to collect it. Also, as I previously indicated, the most recent order indicates that no arrearage is due, I would assume a search for arrearage would definitely indicate arrearage to the state as well. As far as his ex falsifying documents, he wasn't aware of this until his sister advised him years later, he doesn't promote use of the state welfare system, and has tried on several occasions to report the fact that, although she brings in a very comfortable income, she continues to reap the benefits of low-income programs as she is fully aware of tactics to "beat the system." However, no one is interested in listening to a "dead-beat". What people don't understand is, he is completely committed to caring for his children. When interviewed at his current job, his employer asked him, "Why do you want this job?" and his answer was, "I have an obligation to my children." He has never ran from child support, attempted to avoid it, or attempted to reduce his weekly obligation. However, as I indicated, there is an amount that is mysteriously growing, and as I failed to mention in my first post, a third-party attempting to collect this amount. Finally, there is a court document that actually states there is "No arrearage." That is my concern, legally, one order would have to supercede the other, which assumably would be the latest.

**screwedforever** · 11-20-2006, 10:46 AM

Mokie see if you can put yourself as a 3rd party on his case so you can talk in behalf of your husband. You can do that. All he has to do is sign an Affidavit to assign you as a 3rd party. Then you can call the AG and find out why the amount is more. I finally nipped mine in the bud. After I found out my arrearage wasn't going down because my interest was at 12%.

**Mokie** · 11-20-2006, 10:57 AM

That is a very good point. I didn't quite put two and two together when I read your first reply! Were you able to do anything about it? That seem ridiculous, its almost as he would be better off taking out a loan to pay it off, at least he could secure an interest rate that way. However, once he did that, then it would be a more difficult issue to dispute as its hard to dispute something that you paid for! That brings up another point that I find quite odd in this matter. Anyone else I know who has an actual arrearage in child support is unable to obtain a loan, mortgage, etc., due to the child support arrearage appearing on the credit report. However, in his case there is nothing appearing on his credit report. We're not complaining, of course! However, if this is in fact valid, then it would likely be appearing. We haven't made any direct inquiries because if it is something worthwhile, we'd rather pay an attorney to make sure all the i's are dotted and t's are crossed!!!

**Mr. Knowitall** · 11-20-2006, 11:10 AM

If he's being contacted by a collection agency, and has a court order indicating that the debt has been satisifed, he should (in slightly non-legal terms) tell them to kiss off.

There are a couple of sample letters in this article on the FDCPA, but he may wish to include a copy of the judgment reflecting that he owes no balance with any letter disputing the debt.

**screwedforever** · 11-20-2006, 11:35 AM

Quoting Mokie

That is a very good point. I didn't quite put two and two together when I read your first reply! Were you able to do anything about it? That seem ridiculous, its almost as he would be better off taking out a loan to pay it off, at least he could secure an interest rate that way. However, once he did that, then it would be a more difficult issue to dispute as its hard to dispute something that you paid for! That brings up another point that I find quite odd in this matter. Anyone else I know who has an actual arrearage in child support is unable to obtain a loan, mortgage, etc., due to the child support arrearage appearing on the credit report. However, in his case there is nothing appearing on his credit report. We're not complaining, of course! However, if this is in fact valid, then it would likely be appearing. We haven't made any direct inquiries because if it is something worthwhile, we'd rather pay an attorney to make sure all the i's are dotted and t's are crossed!!!

Actually they were able to lower my interest rate back to 6% and it made a huge difference. That's why I'm thinking that's what's going on. I made the ex sign and affidavit motion to modify and had it notarized and it was done quickly. As far as you being able to get a house. I just bought a house almost a year ago and that didn't affect me at all. It was on my credit. But they just wanted to make sure it was paid on time. Which it was. Other than that they didn't care too much about that.