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What to do about back child support

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  • 11-07-2006, 08:35 AM
    tresamigos
    What to do about back child support
    My husband owes back child support. He recently received full custody of the children because his ex kidnapped the kids to their home country. According to the state of Utah, he still has to pay the back child support even though he will never see his kids and never collect on the child support that his ex is owing him. what is going on? thanks from the state of nv
  • 11-07-2006, 09:42 AM
    seniorjudge
    Re: what do i do?
    The child support he has to pay back is what we (the taxpayers) paid for his kids.
  • 11-07-2006, 10:14 AM
    aaron
    Re: what do i do?
    In most cases you can't retroactively modify a support order. A court will only modify it from the date you petition for the modification. If the support arrearage accrued before the change of custody, it remains due.
  • 11-07-2006, 01:08 PM
    tresamigos
    Re: what do i do?
    the taxpayers never paid anything to his ex. the children always let him know when they did or didnt get the child support from him.
  • 11-07-2006, 01:09 PM
    tresamigos
    Re: what do i do?
    i understand, BUT what about the fact she kidnapped the kids? why is he bound by the laws but not his ex?
  • 11-07-2006, 01:53 PM
    seniorjudge
    Re: what do i do?
    Quote:

    Quoting tresamigos
    View Post
    i understand, BUT what about the fact she kidnapped the kids? why is he bound by the laws but not his ex?

    Why should he be able to break the law like his ex?

    Where are the child support bureaucrats sending the money they collect?
  • 11-07-2006, 01:57 PM
    aaron
    Re: what do i do?
    He got custody because of that, right? So she was held accountable.
  • 11-08-2006, 08:56 AM
    tresamigos
    Re: what do i do?
    but he can only see his children when he makes a trip half way around the world. she was never held accountable because had she shown up in court she wouldve been held in contempt for not allowing visitation. how can someone that kidnapps children keep recieving the child support thats what i want to know.
  • 11-08-2006, 09:00 AM
    Neal1421
    Re: what do i do?
    Quote:

    Quoting tresamigos
    View Post
    but he can only see his children when he makes a trip half way around the world.

    I thought you said he has full custody???

    :confused:
  • 11-08-2006, 09:05 AM
    tresamigos
    Re: what do i do?
    he recieved FULL custody after she had already left the country.
  • 11-08-2006, 10:17 AM
    Neal1421
    Re: What to do about back child support
    So the children are living with the mother and he just visits although he legally has full custody of them???

    Your story isn't adding up. What country to did she take the kids to?
  • 11-08-2006, 10:26 AM
    aaron
    Re: What to do about back child support
    It sounds like she didn't comply with the court order to return the children to the court's jurisdiction. Depending on the nation, under the Hague Convention, he should be able to initiate proceedings in that nation to enforce the custody order.
  • 11-09-2006, 08:00 AM
    tresamigos
    Re: What to do about back child support
    yes thank you. so technically does he still have to pay the back child support even after she kidnapped the kids?
  • 11-09-2006, 08:06 AM
    tresamigos
    Re: What to do about back child support
    the mother of the children made the children not say anything to the dad about leaving the country and going back to the mothers home country of chile. we were in the middle of court proceedings to hold her in contempt of court for not allowing visitation and then she disappeared. when my husband went to court, he immediately was granted full custody. now, if he wants to see his kids, he has to go to chile. in the meantime, she still gets the back child support even though technically she owes him for support since he has the full custody. now if you are a father and this happened to you, how do you think you would feel?
  • 11-09-2006, 08:59 AM
    Neal1421
    Re: What to do about back child support
    Quote:

    Quoting tresamigos
    View Post
    the mother of the children made the children not say anything to the dad about leaving the country and going back to the mothers home country of chile. we were in the middle of court proceedings to hold her in contempt of court for not allowing visitation and then she disappeared. when my husband went to court, he immediately was granted full custody. now, if he wants to see his kids, he has to go to chile. in the meantime, she still gets the back child support even though technically she owes him for support since he has the full custody. now if you are a father and this happened to you, how do you think you would feel?

    He still owes the money because at some point he wasn't paying. If the issue were current child support, I would agree with you but he owes the support from when the mother of the child legally had custody of the children.

    Also, he is not owed the support from the mother of the children because he is does not have the children with him to support.

    BTW, how did she get a passport for the children? Did he sign for it?

    Tell your husband to check out this website and see if they can help.

    http://travel.state.gov/family/abduc...ction_580.html
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