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  1. #1

    Default Paying Child Support and Arrears After a Child Has Turned 18

    My question involves child support in the State of: WA and FL

    My husband has a court order for child support from WA state since 1990. He didn't pay for years, but has been for the past 5 years or so. He owes $361/month and had been paying $500/month to cover the arrears. He moved to Florida 3 years ago and we got married a year ago. Last September, he got a letter from WA state declaring his child had turned 18 and his CS obligations were done. However, since he owes arrears, he called them up letting them know to deduct just the arrears from his bank account. They said they would only do it if he signed the statute of limitations waiver. A couple of years ago, a friend of mine who worked in the same WA department for years told me under no circumstances should he sign that. It had been sent to us, but we never returned it. He told them he refused to do it, and they said they would refuse to just have him pay the arrears then. He closed out his bank account and has been sending money orders every month for the arrears.

    Today, he got a letter from the Florida Dept of Revenue, stating the total that he owes, and that he needs to start paying $361/month.

    My questions are as follows:

    1) I think what WA state saying about signing the waiver is bogus and a strong arm tactic. Why would we get a letter stating his obligations have been met, but then have them insist of signing something new, when the order has been in place for 18 years? Why can't we just pay the arrears?

    2)The letter from Florida states he owes $361/month in CS. I guess I just don't understand the whole concept. I think when his child was under 18 he used to owe child support and arrears, but now he no longer owes child support - just arrears (especially when we got a letter stating his obligation had been met). Why would he continue to have to pay the same amount? (I guess it's the same question as 1)

    3)Everything is in my name, house, car, etc, bank account. He has a corporation and his bank account number is under a FEI number, and he writes me out a salary check every week. Do I have to worry about FL coming after my bank account and putting a lien on the house if he can't get this settled and only want to pay the arrears?

    He is going to call FL tomorrow and speak with them, so I'm sure these questions will be answered, or at least some of them. However, I never seem to get a satisfactory answer from him.

    I also just want to say, before anyone thinks I'm a witch about this, I have been the one making sure these payments have been taken care of. There is a huge question over whether this child is his biologically or not - as the ex wife told him and his mother it belonged to her ex whom she married after they got divorced! Of course he should have pursued a paternity test then, which he didn't, (he told me the family lawyer told him not to at the time, there was no point since they were married and his name was on the birth certificate) and he just stopped financial support. He never saw the little girl after, and it's just frustrating to me having to pay child support for someone where the matter of paternity is in question. I called several lawyers 3 years ago to see whether that can be pursued, but I guess the "presumed father" and time having gone by it's not possible.

    Thanks!

  2. #2
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Paying CS and Arrears After a Child Has Turned 18

    Quote Quoting ConfusedinFlorida
    View Post
    My question involves child support in the State of: WA and FL

    My husband has a court order for child support from WA state since 1990. He didn't pay for years, but has been for the past 5 years or so. He owes $361/month and had been paying $500/month to cover the arrears. He moved to Florida 3 years ago and we got married a year ago. Last September, he got a letter from WA state declaring his child had turned 18 and his CS obligations were done. However, since he owes arrears, he called them up letting them know to deduct just the arrears from his bank account. They said they would only do it if he signed the statute of limitations waiver. A couple of years ago, a friend of mine who worked in the same WA department for years told me under no circumstances should he sign that. It had been sent to us, but we never returned it. He told them he refused to do it, and they said they would refuse to just have him pay the arrears then. He closed out his bank account and has been sending money orders every month for the arrears.

    Today, he got a letter from the Florida Dept of Revenue, stating the total that he owes, and that he needs to start paying $361/month.

    My questions are as follows:

    1) I think what WA state saying about signing the waiver is bogus and a strong arm tactic. Why would we get a letter stating his obligations have been met, but then have them insist of signing something new, when the order has been in place for 18 years? Why can't we just pay the arrears?

    2)The letter from Florida states he owes $361/month in CS. I guess I just don't understand the whole concept. I think when his child was under 18 he used to owe child support and arrears, but now he no longer owes child support - just arrears (especially when we got a letter stating his obligation had been met). Why would he continue to have to pay the same amount? (I guess it's the same question as 1)

    3)Everything is in my name, house, car, etc, bank account. He has a corporation and his bank account number is under a FEI number, and he writes me out a salary check every week. Do I have to worry about FL coming after my bank account and putting a lien on the house if he can't get this settled and only want to pay the arrears?

    He is going to call FL tomorrow and speak with them, so I'm sure these questions will be answered, or at least some of them. However, I never seem to get a satisfactory answer from him.

    I also just want to say, before anyone thinks I'm a witch about this, I have been the one making sure these payments have been taken care of. There is a huge question over whether this child is his biologically or not - as the ex wife told him and his mother it belonged to her ex whom she married after they got divorced! Of course he should have pursued a paternity test then, which he didn't, (he told me the family lawyer told him not to at the time, there was no point since they were married and his name was on the birth certificate) and he just stopped financial support. He never saw the little girl after, and it's just frustrating to me having to pay child support for someone where the matter of paternity is in question. I called several lawyers 3 years ago to see whether that can be pursued, but I guess the "presumed father" and time having gone by it's not possible.

    Thanks!
    He may have to go back to court to have a set amount for arrears only.

    If your husband's name is on your bank account, yes they can levy the account.
    ANYTHING that has your husband's name on it is subject to levy. If the house is only in your name, you do not have to worry about a lien.

    No, I don't think you are a witch. I am in a similar situation, when I married my husband I didn't know that he had a court order for CS that he wasn't paying. When I discovered the order, I insisted that he pay his CS. All of his children are grown, and I am still making sure that the arrears payments are made evry month. Like your husband, there is a huge question about paternity for his youngest, but he was never allowed to contest paternity because they were still married, although seprated when the youngest was born. Yes, it is frustrating, but you learn to live with it.

  3. #3

    Default Re: Paying CS and Arrears After a Child Has Turned 18

    Thank you Xena! If he did have to go back to court, I would presume it would be to WA state where the initial order was made and not here in Florida? I'm a little confused whether the whole thing has gotten transferred to Florida since we got a letter from Florida, the Dept of Revenue at that, which is a different department than the one in WA. I've been reading through other posts, and people have said they owe the state money, so I'm also wondering whether we are paying the state, or whether his ex is getting the money?

  4. #4
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Paying CS and Arrears After a Child Has Turned 18

    Quote Quoting ConfusedinFlorida
    View Post
    Thank you Xena! If he did have to go back to court, I would presume it would be to WA state where the initial order was made and not here in Florida? I'm a little confused whether the whole thing has gotten transferred to Florida since we got a letter from Florida, the Dept of Revenue at that, which is a different department than the one in WA. I've been reading through other posts, and people have said they owe the state money, so I'm also wondering whether we are paying the state, or whether his ex is getting the money?
    The DOR caseworker should be able to tell you if the case has been registered in FL or not. Does the ex still live in WA? If so, the case probably hasn't been transferred and he'd need to file in WA.

    Each state has an IV-D agency, they are called different things in different states, but they all have the same laws and rules to follow.

    If the ex ever collected public assistance, some money would be owed to the state. If there was no public assistance all of the money is paid to the ex.

  5. #5

    Default Re: Paying Child Support and Arrears After a Child Has Turned 18

    Thanks so much. We got it figured out, it was actually much simpler than I thought it would be. We will now be paying Florida, and my husband explained about the letter, etc., from Washington and he'd been paying arrears since September, and they were fine about it.

  6. #6
    Join Date
    Jul 2006
    Location
    Florida
    Posts
    2,772

    Default Re: Paying Child Support and Arrears After a Child Has Turned 18

    Quote Quoting ConfusedinFlorida
    View Post
    Thanks so much. We got it figured out, it was actually much simpler than I thought it would be. We will now be paying Florida, and my husband explained about the letter, etc., from Washington and he'd been paying arrears since September, and they were fine about it.
    I'm glad it was worked out so easily. It's always nice to hear when the system works correctly.

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