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  1. #1
    Join Date
    Oct 2013
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    2

    Default Moved Back In With My Ex-Spouse but DHS Wants Child Support

    My question involves a marriage in the state of:Oklahoma

    Went through a divorce 2yrs ago I have two children that are my entire world. About a year a go my x and I reconciled our differences and I moved into a house with her paying half the bills and taking care of my kids as fit. Recently received a letter saying I owe back child support (which I paid to DHS until we moved back in together) Since then I have been paying half or more of all rent, utilities, kids expenses ANYTHING that needs to be paid I pay. I need to know what type of process needs to happen so that DHS knows I am living in same house and taking care of my kids to my up most ability. Is there anything I can do to make sure that this is taken care of?

    Thanks in advance for any help!

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Was Divorced 2yrs Ago After a Year Back Together but Still DHS Wants Child Suppor

    If there is a court order requiring you to pay child support, nothing you have done will affect that without you going to court to have the order modified or terminated. If you failed to do that, you owe what they say you owe.

    Now, if the mother or children were on state aid, the arrears may not be able to be forgiven. If the money is owed only to the mother, she may have the right to forgive the arrears.

  3. #3
    Join Date
    Oct 2013
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    2

    Default Re: Was Divorced 2yrs Ago After a Year Back Together but Still DHS Wants Child Suppor

    OK thanks for reply I do have a court order and I did pay it till we got back together and regained responsibilities of the bills. I pay half of all bills and take care of my children every day from football fee's to lunch money. There mom was and still is on state aid. What makes the difference in that? She just seems to hold it over my head so that she is controlling. I am here for the good of my children they come first, BUT if I get jail time for being a father and doing what I know is right, it just FEELS wrong... IDK what to do

  4. #4
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    Jan 2006
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    Default Re: Was Divorced 2yrs Ago After a Year Back Together but Still DHS Wants Child Suppor

    bdobbs;751838]OK thanks for reply I do have a court order and I did pay it till we got back together and regained responsibilities of the bills. I pay half of all bills and take care of my children every day from football fee's to lunch money.
    and none of that is relevant. A court order is in effect until modified or terminated. Your situation may allow for a modification or termination but until you file for such with the courts, the courts order continues to remain in effect and your liability continues



    There mom was and still is on state aid. What makes the difference in that?
    Uh oh.

    the difference is due to the fact that, if mom was not on state aid, she would get your child support payments. Since she was and is on state aid, your child support payments are subject to seizure by the state to repay them for the benefits your children receive from the state. Payments owed to the state are not usually forgiven.

    Has your wife included you being a resident of the home and your income on her filings with the state regarding the state aid requests? If not, she could be committing a criminal act.




    She just seems to hold it over my head so that she is controlling. I am here for the good of my children they come first, BUT if I get jail time for being a father and doing what I know is right, it just FEELS wrong... IDK what to do
    jail time is not usually used until the arrears are extreme or the payor refuses to pay altogether. I suggest you contact the child support people and let them know of your situation with you living with mom and all. For future child support obligations, I would suggest filing for a modification of the court order to reflect the current living arrangements.

  5. #5
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    Default Re: Was Divorced 2yrs Ago After a Year Back Together but Still DHS Wants Child Suppor

    If you are court-ordered to pay support for your children, and choose not to petition to modify support after moving back in with your ex-spouse, the support order will remain in effect. If part or all of that support is being applied to public assistance your children are receiving from the state, the state is going to want that money.

    It's really important to petition to modify support as quickly as you can after a material change such as the one you describe.

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