Billed for Child Support for Dates When the Child Was in My Custody
Hello,
I am writing today because I am not sure how to go about stopping child support that is currently being garnished from my wages, how to make the mother of my son responsible for the monies owed, and to also see if there is any way to get back monies that have been paid.
My son has lived with me since he was born. I have been the sole financial provider for him since he was a baby. His mom and I tried to make it work for awhile when he was a little older but we just can't get a long.
During these years, the mother of my son has collected AFDC Fraudulently saying that she needs food and money to support our son when in reality he was never with her. Is there any way that I can go about getting the money back that I have paid and also stopping the money from being garnished from my checks to make her pay it back???
Please help! I have a new family now and it is making it impossible for us to survive with money being garnished from my check for a child that is already living with me.
Thank You
Re: Billed for Child Support for Dates When the Child Was in My Custody
Quote:
Quoting
MonicaPaul0215
During these years, the mother of my son has collected AFDC Fraudulently saying that she needs food and money to support our son when in reality he was never with her. Is there any way that I can go about getting the money back that I have paid and also stopping the money from being garnished from my checks to make her pay it back?
For mom to get a child support order against you, even if the money ends up going to the state, the matter would have gone to court. If there was a prior custody order pursuant to which mom had custody, you could have sought to modify the order at that time to reflect your having custody. If there was no prior custody order, you could have sought one seeking to be declared the custodial parent. Why did you choose to allow a custody and support order to be entered, indicating that your ex- was the custodial parent and that you were to pay child support, rather than seeking a custody order that recognized that you were the custodial parent?
You can petition the court to modify the custody and support order based upon the fact that you have physical custody of the child, but ordinarily such a modification can be made retroactive only to the date it is filed. If you want to change the current child support order, file a motion in court. If you do nothing, nothing will change.
As you chose not to follow the instruction to identify your state, I can't point you to any state-specific resources.