Fraud? Should I still have to pay it all back?

**Rog** · 09-27-2005, 10:39 PM

I married my ex-wife, in June 1978, in South East Missouri, and moved to Kansas City, MO. shortly after that.
Our Daughter was born 6 months later, in Kansas City, on Dec. 6, 1978.

While I was in the Army in 1979, and 1980, I received divorce papers, from an (her) Attorney, for “a non contestable divorce”.
(Personal note: I took an “unscheduled leave”, from the base, and found, someone else was staying/living, on and off, with my wife, in our apartment), so I gave her the divorce.
The divorce was finalized, in April, or so, of 1980, with monthly child support of $125.00 per month, paid to my ex-wife.

Here is my problem, The monthly child support of $125.00 per month, doesn't appear to have stopped being charged to me, even after my Daughter turned 18 years old, and was no longer living with her mother, or in her mothers house, and not attending school.

Prior to that, my Daughter says, “she quit school, and moved out (or was kicked out) of her Mothers house, when she was 14 years old”. She also states “that she hasn’t lived, or stayed in her Mothers house, for more than a few weeks or so, since then, until she was 19 years old. She is now 25 years old.
(Personal note: my ex-wife never informed social services, the courts, or anyone, that my daughter was no longer in school, and not living with her).

History:

After a few years of trying to keep up with my child support, after the divorce, moving here, starting a new family in South East Missouri, I owed about $600.00, in arrearages.
My ex-wife kept calling me, back then, begging me, and threatening me, to give up all my rights, and let my Daughter’s name be changed to her new current husbands name. She said, “because she was being made fun of, and being treated like a “step-child”, by her new dad, and by her half sisters, and brother, because her name was different.

At the time, it seemed like the best thing for my daughter, so I borrowed $1500, from a financial company, to pay for all the back child support, and to get her own cloths and stuff, and to pay for the adoption

I sent the money order, with the signed paper work from her Attorney, relinquishing all my parental rights, back to her in Kansas City, (I have not been able to find my copies of those papers from that attorney).
For the next several years, I had no communication with her, or my daughter, I tried, but they moved a few time, and had unlisted numbers, when I first tried to keep in touch with them. I finally gave up trying.

Several years later, I received a call from my ex-wife, stating she never had changed my Daughters name, and wanted to know if I wanted to see her. I of course said yes! My new family, and I, went to Kansas City, on my vacation, to meet my daughter.

Some time after we got back home, from our visit, I received a Certified letter from the Child Support Enforcement Bureau, stating my ex-wife, has authorize them to retrieve her “unpaid child support”. They were able to “use a law”, and go back 10 years maximum, and I immediately became $16,000.00 in arrearage.
(Personal note: I tried contacting my Case Workers, about the history, but was basically told I was a “dead-beat-dad”, and “they would do anything in there power, to retrieve arrearage payments”).
Since then, they have intercepted every income tax refund, and took a percentage of my disability checks, when I was disabled, going to a Technical School, to relearn a trade.

In February 2004, they started “garnishing” my wages, at $175.00, per every two weeks paycheck, ($350.00 per month). They state I am now, approx, $26,000.00 in arrearages. This is when I found out they appear to have continued to charge me $125.00 per month, even after her 18th birthday.

I would like you to investigate, and see if, at least the seven years, from her 18th birthday, until now, (approx. $10,500.00), can be removed, and possible, even before that be removed, (four years), from the time she moved out at 14, and quit school. I would also like to know if my ex-wife has committed fraud, by not telling the courts that the daughter quit school, and no longer lived in the home. Who can I contact about this?
Thank you for your time, in this matter.

**Mr. Knowitall** · 09-28-2005, 09:27 AM

Pursuant to a federal mandate, states have all-but-eliminated retroactive modification of support. That is, you can normally only get a modification from the point of your petition forward. If you want to see if there is an exception which might apply to your situation, you should consult a family lawyer in the state which issued the support order.

**Rog** · 09-28-2005, 10:04 PM

Thanks for the information.
Is there some form I can fill out, or an office to talk to, to get someone to look at my dollar amount, and to make sure my obligation for child support at least stopped once she turned 18?
Thanks,