My question involves child support in the State of: Missouri
My fiance has been divorced since March of 2007. He and his ex wife separated in Sept. of 06. She left the home and he kept the kids, his job, kids in daycare, etc. During the course of the year the children rarely had contact with their mother and still do not. Right after the separation aparently, the ex wife went to family services and received temporary cash assisance, food stamps and medicaid on her AND the children, who did NOT live with her. He has full legal and physical custody of the kids and she only receives visitations twice per month.
In January of 2008.. when he filed his taxes.. most of his refund 4,900 dollars was INTERCEPTED by the IRS and given to Child support enforecemnt. During that time he was awaiting a hearing/judgement to break free from owing anything concidering he had the kids the whole year. He got the judgement from that hearing march 28, 2008 stating he would only be abated 1200 because aparently since the ex was receiving TANIF from the state, her case was automatically beleiveble. Shes lied on several occasions but recently went to family services with US and told them she had lied, and that she recived the money from the state but DIDNT have the kids. Family services told us they probably could not file a fraud claim against her ALTHOUGH she admited the lie and that he would have to pay the state the money back that she got during the separation because they were his kids. I dont understand why he has to pay money back that she received, and care for his kids as a single parent. He cant afford to give away money. The ex wife was ordered to pay us child support and we have yet to receive anything from her.
How is it legal for child support enforcement to give his tax refund to the state for TANIF support, when we have showed proof so many times that he was in custody of the kids? We are hoping to avoid having to file an appeal because.. technically its not appeal its just a telephone hearing. I'd also like to add that we DO have a lawyer but he is slow in helping. We actually contacted our state REP and he is the one who got us the judgement from child support after months of waiting. Any help on what to do would be so greatly appreciated. We are at the end of our ropes with all of this.. but i dont want to just GIVE away 5k dollars to the state when we should be getting it to buy our children new clothes, shoes, toys etc.
Also, we have custody papers and showed them to child support but everytime we come they still ask us who the custodial parent is.. and when we get papers from them, they are marked as the EX being the custodial parent, instead of him. The judgement we received from child support for support owed, was also wrong. and in the testimony things that were not even SAID.. were typed into it. Dont they record their hearings?