Back Arrearages

[highdesert]

My question involves child support in the State of: Nevada
the mother of the child i was supporting lives in georgia with the child. 2 years ago she had the child support stopped. she told me that she didn't need it. so the state of nevada stopped taking the support out of my check.
now it's 2009 and she started the child support enforcement again.
the problem i have is that the DA's office wants arreages dating back to 2008. how can they do that when she just re-started the enforcement last week.
she was the one who had them stop collecting the support back in 2007. when she had the support stopped, did that kill the original court order of support?
do i have a valid case against the arreages? i can't afford them! should i hire an attorney?

[Xena]

My question involves child support in the State of: Nevada
the mother of the child i was supporting lives in georgia with the child. 2 years ago she had the child support stopped. she told me that she didn't need it. so the state of nevada stopped taking the support out of my check.
now it's 2009 and she started the child support enforcement again.
the problem i have is that the DA's office wants arreages dating back to 2008. how can they do that when she just re-started the enforcement last week.
she was the one who had them stop collecting the support back in 2007. when she had the support stopped, did that kill the original court order of support?
do i have a valid case against the arreages? i can't afford them! should i hire an attorney?

You need to find out if the actual court order was modified at the time that she stopped the enforcement actions.

Unfortunately, if the order was not modified, you do owe arrears.

The best thing to do will be for you to find out what was filed, then take copies of all of your orders to a local attorney for a consult.

[highdesert]

really. even if she had the child support stopped, i will still owe? we had a verbal agreement that i wouldn't have to pay any support.
i can't afford the back arreages. it will kill me financially.
i will get a consult with an attorney to see what my options are.

thanks again for your help.

[Xena]

really. even if she had the child support stopped, i will still owe? we had a verbal agreement that i wouldn't have to pay any support.

A verbal agreement is not legal unless it was made a part of a court order signed by a Judge.

If the order was modified, you certainly have a defense to any arrears owed for that period.

[ANERA]

It's highly unlikely that the courts would stop child support at the custodial parents request, you should always follow your court order and any changes should be approved/ordered by the court.

ex: i know a couple who had a child and when they split the father payed child support, they eventually got back together and were married..despite the fact that they were know married cse would not stop collecting child support (one would think they would have stopped, there taking it from, and sending it back, to the same household) but, the state/cse has a punitive interest (money) in collecting support, so the married couple had to get a court order to have support stopped.


another example is a divorced couple and the father was paying support and got injured and was unable to work for several months, he was later able to go back to work, when cse threatened to suspend his drivers license for past due support (he needed his license to work). he contacted his x-wife. who told him she would talk to cse and tell them that she did not want the back support because her kid's were fine and he always payed and she wants him to get on his feet good before starting to pay again...

cse refused to stop the action against his license suspention.. asking the wife if she had been threatened by the x-husband.

she then sent the cse office a signed notorized affidavit stating that she did not want or need the back child support. the cse office responded by asking her to come to there office and speaking with a supervisor and investigator to explai why she doesnt want her money.

she eventually had to send another affidavit stating that the father had payed her all back support. (had to lie) and the last time I spoke with her she was trying to cut out cse all together and have x-husband pay her directly...iI wished her luck