Child Support Owed While Owing Child Support

**PCotham** · 10-14-2005, 10:55 AM

We have a situation that is most unusual. My husband owes back child support for a daughter that is 22 years old. All child support is owed to the state as the mother is paid off. The last year of eligible child support the child lived with us but child support was still paid to the mother as there was no court order to change custody. My husband also spent 6 years incarcerated while child support still acrued. Now this child is in the Tennessee prison for women. She and her boyfriend had a son in 2002 which we started caring for in 2003 after the mothers incarceration in the county jail. The father of this child is also in the TDOC. We now have full custody thru the court. We have never recieved child support for this child and are actually owed more in child support than my husband owes for his back support. We are in a low income situation as we are supporting 2 of my children from another marriage. our income is only around 15,000 per year and we cannont affort to pay child support for a child who is in prison and support the children we have at home. My husband is due to go to court this month and we are trying to figure out if we can avoid him going to jail for this. are there any suggestions??

**PCotham** · 10-14-2005, 10:57 AM

an added note is The amount of child support he owes is around 8,000 and the amount owed at this time to us is around 9,500

**Mr. Knowitall** · 10-14-2005, 11:14 AM

You won't get an offset for support owed for the other child, as your debt is to the state. That is, the state is seeking reimbursement for money it paid to the mother (e.g., ADC).

Your husband may have been able to get his support obligation suspended during his period of incarceration; it appears that he did not attempt to do so (or attempted and failed) and it is probably now too late to do anything about that - you can consult a family lawyer to see if there is any way to revisit any arrearage that accrued during that period.

If your husband is facing civil contempt proceedings, consulting a family lawyer could be helpful. Also, given your limited means, it may be possible to work out some form of payment program or other settlement with the state, and a lawyer may be able to tell you whether the state would be inclined to settle and upon what terms.

If this is a criminal proceeding (e.g., a criminal nonsupport charge), your husband should consult a criminal defense lawyer, or request that one be appointed to assist him with his defense.

**PCotham** · 10-14-2005, 11:17 AM

would it make any difference if my husbands ex told the court to suspend the action? She doesnt collect money anyway as it is owed to the state.

**PCotham** · 10-14-2005, 11:21 AM

also this is a criminal contempt of court charge. It seems strange that they would want to put him in jail for not paying when we are supporting that childs child without support.

**Mr. Knowitall** · 10-14-2005, 11:26 AM

It won't make any difference that his ex- wants the court to suspend the action. As you noted, she has nothing at stake - this is the state's effort to recover the state's own money.

As your husband faces a criminal contempt charge, he should consult a criminal defense lawyer.

**PCotham** · 10-14-2005, 11:31 AM

we cannot afford a lawyer. thats how they get you. we cant afford to pay child support let alone a lawyer

**PCotham** · 10-26-2005, 09:31 AM

Well we went to court. The x showed up to say she did not want to pursue the case as it is listed as the state of Tennessee is representing her. The child support people talked to my husband and he told them she did not want to pursue it. When she arrived she told them the same thing. They told her she could go on home and did not have to stay for the remainer of the day. (I am not sure if all courts work this way but here everyone is told to show up at 8 am and court starts at approx 9 am they post a docket but do not go in that order.)They opted to let him pay 25 dollars a week starting now. They caved quickly with no argument. They did not even want a purge payment. Which made us happy that he didnt have to go to jail but also wondering if the ex had stayed around to tell the judge that she didnt want to pursue it if it could have been taken off anyway. Keep in mind that she is no longer owed anything. But the State still lists her an the one they are representing.

**needhimout** · 02-15-2006, 08:41 PM

my question is how can you owe the state money, because if the non custodial parent doesnt pay the child support through the court, the custodial parent still gets nothing. I am going through that now, I have reveived a whole 42 dollar payment since october of 05, and in october of 05 that was the only payment in 2 months, so if he doesnt work to where they can withold it or he doesnt send in money i get nothing.

**ceara** · 02-15-2006, 11:33 PM

The child was on state aid at some point. All of the money the state gave to mom (TANIF, food stamps, medicaid) is what dad is paying back now.

PCotham - As you were previously informed, it does not matter at all what mom wants. He doesn't owe MOM money, he owes the STATE. The state never represented mom, they were repesenting the CHILD, now they are representing the state.