ExpertLaw Forum - Help With Your Legal Questions
Child Support Issues relating to child support, support arrearages, and enforcement of child support and support delinquencies.

Reply
 
Thread Tools Display Modes
  #1  
Old 01-14-2008, 12:59 PM
MystryRed MystryRed is offline
Junior Member
 
Join Date: Jan 2008
Location: Mckinney,TX
Posts: 5
Default Forgiving Child Support Arrears In Texas
My boyfriend has been paying for 7yrs on child support and arrears, on his back child suport in Texas. His orginal back dept was put at $22,000. His daughters are now 21 and not going to school. He has been paying 500.00 not including his current child support at the time of judgement, a month on back child support for the last 7 years and each time we check on the balance he is told that he will be paying this for the rest of his life due to interest? We have figured he has paid 2x's the orginal amount of back child support arrears, Can someone please explain how this can be true? There must be a way to stop this or at least lower it?
Reply With Quote
  #2  
Old 01-15-2008, 06:36 PM
Xena Xena is offline
Senior Member
 
Join Date: Jul 2006
Location: Florida
Posts: 2,756
Default Re: Forgiving Child Support Arrears In Texas
Quoting MystryRed
View Post
My boyfriend has been paying for 7yrs on child support and arrears, on his back child suport in Texas. His orginal back dept was put at $22,000. His daughters are now 21 and not going to school. He has been paying 500.00 not including his current child support at the time of judgement, a month on back child support for the last 7 years and each time we check on the balance he is told that he will be paying this for the rest of his life due to interest? We have figured he has paid 2x's the orginal amount of back child support arrears, Can someone please explain how this can be true? There must be a way to stop this or at least lower it?
Your BF can try asking his ex to volunatrily forgive the remaining arrears. That can only be done though if his ex never recieved any public assistance, or if she did, the debt owed to the state is paid off already. If she is willing to forgive the arrears she, or he should get a consult with a local attorney to make sure that everything is done correctly.
Reply With Quote
  #3  
Old 01-16-2008, 11:01 AM
MystryRed MystryRed is offline
Junior Member
 
Join Date: Jan 2008
Location: Mckinney,TX
Posts: 5
Default Re: Forgiving Child Support Arrears In Texas
He and his ex are not on good terms so for her to volunatrily forgive anything is out of the question. I do know that she is no longer receiving any kind of payments on Child support. He was told that she has been paid back all of the past due amount he owed her. SO??? Where do we go from here? Yes she did receive public assistance. but I dont understand your statement of how the debt owed the state is paid off already? Im sorry but I am really at a loss here because I have never had an issue like this. So all the help I can get is greatly apprieciated that way we know what to do or the questions to ask. Thanks
Reply With Quote
  #4  
Old 01-16-2008, 11:19 AM
Baystategirl Baystategirl is offline
Senior Member
 
Join Date: Feb 2007
Posts: 2,021
Default Re: Forgiving Child Support Arrears In Texas
Quoting MystryRed
View Post
He and his ex are not on good terms so for her to volunatrily forgive anything is out of the question. I do know that she is no longer receiving any kind of payments on Child support. He was told that she has been paid back all of the past due amount he owed her. SO??? Where do we go from here? Yes she did receive public assistance. but I dont understand your statement of how the debt owed the state is paid off already? Im sorry but I am really at a loss here because I have never had an issue like this. So all the help I can get is greatly apprieciated that way we know what to do or the questions to ask. Thanks
If she was public assistance and is not NOW receiving any of the arrears, that would mean that it is the State getting paid. They will not forgive the debt. If 500 is the minimum payment that that is the interest...It will take a life-time to pay it off. He would be smart to pay more than the 500 per month...
__________________
"They never open their mouths without subtracting from the sum of
human knowledge."
-- Thomas Brackett Reed
Reply With Quote
  #5  
Old 01-15-2009, 10:14 PM
On the Side of Justice On the Side of Justice is offline
Junior Member
 
Join Date: Jan 2009
Location: Texas
Posts: 1
Default Re: Forgiving Child Support Arrears In Texas
Hi, My husband is in the same situation as your boyfriend.

The first thing he needs to do is go the child support office that handles his case (which county did the divorce occur) and get a copy of his file. He needs to make sure everything is exactly correct.

In order for the State to be reimbursed, the State keeps child support payments if a person is receiving welfare (food stamps don't count as welfare). Any portion above the monthly welfare amount that the welfare recipient received (his ex) is given to the ex. There is a minimum amount the state is required to give the ex, I believe it is $25 or $32 for some reason, please check on that. So, the ex was getting at least, say, $25/month support. Make sure this was deducted from his amount owed.

It can be a very tiring task getting records and scouring through them, but you do not need an appointment to request your records, simply walk in to the local office that handles his case. He should call the 800 number to find out which office or he may already know. It is well worth the time! He does not need to ask the ex for an agreed pay off amount. His caseworker will handle that, once he tells the caseworker how much he wants to offer as pay off. Tell him to be reasonable. The bottom line is, he owes it. However, make sure he confirms that the amount they say he owes is correct. Maybe a payment slipped by, etc. It happens, but really, the child support division is pretty much accurate.

If the ex does not agree to a pay off amount (that is if the money is actually hers and not the state's), then he should get a loan and pay off the entire amount ASAP. Payments on a loan will definitely be less than his monthly child support payments. If a loan is not possible, try to get a high-limit credit card and pay off. If he only has a credit card with, say, $2000 limit, then he needs to get as many as he can. Perhaps he can sell his vehicle and use that money to pay off and then finance another vehicle once the pay off has gone through (it will look good on his credit).

We are in the process of taking cash out on a credit card and paying off the child support. Fortunately, my husband's ex agreed to about half of what is actually owed, because the other half is interest,and she is kind enough not to care about receiving the interest.

Yes, it seems unfair, but arrears are arrears and must be paid.

Email me if you have questions.
Reply With Quote
  #6  
Old 01-23-2009, 09:46 PM
pullin'myhair pullin'myhair is offline
Junior Member
 
Join Date: Jan 2009
Posts: 1
Default Re: Forgiving Child Support Arrears In Texas
My husband is having the same difficulties with the state of Texas. He contacted the Child Support office in July '07 and was told by a case worker to "save his money...do not hire an attorney" but we hired one anyway because we were unable to get records of any kind. He also filed a complaint with the Texas Attorney General. They were very quick in replying. An attorney for TAG called and said that she was able to find out that he has been paying 3 different percentage rates for the interest and that his attorney should file to have it reduced to the current rate of 6%. The attorney told him that she is trying to find out if a judgement was ever even filed to begin with...very possibly not. My question is, what else, if anything, can we do? He knows he owes but with the interest alone, he'll pay the rest of his life. By the way, mistakes do occurr. His payment was made by his place of employment for the month of March. The payroll officer had to submit the paperwork 3 times before it was straightened out but the payment wasn't appled until July, so the interest for March was applied to the principle. He currently pays $900.00 p/month and owes just under $105,000.00. It NEVER goes down.
Reply With Quote
  #7  
Old 01-24-2009, 04:40 AM
Baystategirl Baystategirl is offline
Senior Member
 
Join Date: Feb 2007
Posts: 2,021
Default Re: Forgiving Child Support Arrears In Texas
Quoting pullin'myhair
View Post
My husband is having the same difficulties with the state of Texas. He contacted the Child Support office in July '07 and was told by a case worker to "save his money...do not hire an attorney" but we hired one anyway because we were unable to get records of any kind. He also filed a complaint with the Texas Attorney General. They were very quick in replying. An attorney for TAG called and said that she was able to find out that he has been paying 3 different percentage rates for the interest and that his attorney should file to have it reduced to the current rate of 6%. The attorney told him that she is trying to find out if a judgement was ever even filed to begin with...very possibly not. My question is, what else, if anything, can we do? He knows he owes but with the interest alone, he'll pay the rest of his life. By the way, mistakes do occurr. His payment was made by his place of employment for the month of March. The payroll officer had to submit the paperwork 3 times before it was straightened out but the payment wasn't appled until July, so the interest for March was applied to the principle. He currently pays $900.00 p/month and owes just under $105,000.00. It NEVER goes down.
Start your own thread.
__________________
"They never open their mouths without subtracting from the sum of
human knowledge."
-- Thomas Brackett Reed
Reply With Quote
Sponsored Links
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off


Forum Sponsor

Similar Threads
Thread Forum Last Post
Child Support Arrears in Texas Child Support 12-14-2009 03:33 AM
Child Support Arrears in Texas Child Support 12-12-2009 08:24 AM
Child Support Arrears in Texas Child Support 04-03-2009 07:32 PM
Forgiving Past Due Child Support in Texas Child Support 07-23-2007 07:06 AM
Forgiving child support arrears Child Support 04-20-2005 10:27 AM



All times are GMT -7. The time now is 12:42 AM.

Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.


Powered by vBulletin® Version 3.8.2
Copyright ©2000 - 2010, Jelsoft Enterprises Ltd.
Copyright © 2004 - 2010 ExpertLaw.com, All Rights Reserved