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Arrearages After Change in Custody

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  • 11-14-2012, 01:24 PM
    CMM1966
    Arrearages After Change in Custody
    My question involves child support in the State of Tennessee. My husband had a child with a woman 13 years ago. They lived together for the first two years of the child's life. After they split up she went on public assistance. She was awarded child support and arrearages at that time dating back to when the child was born. He did not fight her on it, and was ordered to pay over $16,000 at that time even though he barely made minimum wage. She eventually moved out of state and hid the child from him during a custody battle. The child was 3 years old at the time she disappeared with him. He went back to court immediately and the judge stopped his child support due to her secreting the child. However, he still had these arrearages hanging over his head. She hid the child from him for the next 8 years. A year and a half ago the state of Florida contacted him to let him know that the child was in the custody of the state of Florida. He had been found living in the woods with his mother in Florida. She was not providing shelter for him, and had a severe alcohol and drug addiction. The police had been called to the wooded area after her and her boyfriend had a domestic dispute. We immediately went to Florida and began custody proceedings. He had no memories of his father and had been told terrible stories about him. We were granted custody by the state of Florida 13 months ago after a home study was completed. The child lives with us and we get no support whatsoever from the mother. The mother was on probation in Florida and left the state to come to Tennessee in March of this year claiming the need to be close to her child. She is listed on the Florida Corrections website as a fugitive there in Florida. She has lived on the streets of Nashville every since she came here to live this year. She has been arrested here several times over the last few months because of drugs and alcohol. However, the state of Florida has not extradited her back there. He payed his child support arrearages down under $11,000 over the years. The only time he did not pay the amount he agreed to was when he was without work for a few months. Recently the child support service agency here in Tennessee sent a letter stating that he was behind in his arrearages and that he could possibly lose his license. His license is a necessity for work and for supporting the child now. He called the agency and was told that he had to pay a minimum of $1000 immediately along with his regular payments or lose his license. We did appeal that decision in writing and he had a telephone hearing yesterday. He was talked to rather roughly on the phone and was told that everything he told them was irrelevant. Is it not possible to offset his arrearages due to the fact that she does not provide any support whatsoever? Is it really the responsibility of the state of Tennessee to work so hard to get money for a fugitive on the run from the law rather than having the money go towards caring for the child now? The horror stories this child has are inconceivable. Is there anything that can be done in this situation?
  • 11-15-2012, 11:21 PM
    Mr. Knowitall
    Re: Arrearages After Change in Custody
    His obligation to pay his arrears is entirely separate from the mother's financial situation; even if mom was ordered to pay support, and you haven't told us that she was, it's separate.

    Also, given that the mother was on public assistance, odds are the arrears are payable to the state and not to mom, with the state recovering some of they money it spent to support the child through the public assistance programs.
  • 11-16-2012, 07:37 AM
    shortie
    Re: Arrearages After Change in Custody
    I don't have anything to say about child support, but oh my goodness, I'm so glad you got that child out of that situation though. I hope you get the child put in some kind of therapy. He must have been through a lot.
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