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  1. #1

    Default I'm on Child Support but I'm the Active Parent

    My question involves a child custody case from the State of: Missouri

    So a couple of days ago I received an email from payroll telling me that my check will be garnished for child support. Now, the reason this came a huge shock to me is because my daughter's father hasn't been in her life for almost 3 years now.... Matter a fact, if he walked up to her she wouldn't even know who he is. He' s a homeless, panhandling (I've seen this with my own eyes btw) paranoid schizophrenic (which is the reason I left him because he became a sloppy drunk and I begin to fear for all of our safety).

    Anyway, I know you're probably saying..well you had to have gotten notices of this but honestly the place where my mail goes I never really checked it often because all the mail that had been coming for me was just spam mail. Smh, regardless I should've.. no excuse right?

    Either way I would like to know how I can go about fighting this and if I have a chance to have my request granted.

    PS . . He tried this before when we first broke up and I caught it in time, fought it and got his claim thrown out. But obviously we're waaaaay past where I was.

    Please HELP!!

  2. #2
    Join Date
    Mar 2013
    Posts
    17,223

    Default Re: I'm on Child Support but I'm the Active Parent

    "Will be garnished" is the operative phrase. It means that you still have some days before it comes out of your pay.

    By "active" parent I take it you have court awarded custody. Whether it was court awarded or informal the ONLY way you stop the garnishment is to go to court and file an objection, ask for a hearing and a stay. You probably have no idea how to do that so first thing Monday morning you get yourself a lawyer and file immediately.

  3. #3
    Join Date
    Jun 2014
    Posts
    3,082

    Default Re: I'm on Child Support but I'm the Active Parent

    Why would a court order child support if he has never had custody of the child ?

  4. #4

    Default Re: I'm on Child Support but I'm the Active Parent

    That's exactly what I'm saying. They said he went and filed for some type of assistance, food stamps or something like that and its because he filed first, he does have access to getting her social and things. But honest to god the last time he seen or had anything to do with my daughter was AUG of 2017.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,082

    Default Re: I'm on Child Support but I'm the Active Parent

    Quote Quoting FrustratedMommy2
    View Post
    That's exactly what I'm saying. They said he went and filed for some type of assistance, food stamps or something like that and its because he filed first, he does have access to getting her social and things. But honest to god the last time he seen or had anything to do with my daughter was AUG of 2017.

    He told the state the child lives with him. You need to contact your District Attorneys Office and ask to speak to the Assistant District Attorney in charge of Support Enforcement cases.or you can contact your local office of Support Enforcement. He committed fraud by claiming she is living with him. He should have had to provide documents showing the child lives with him. If he has never had custody he forged the documents.

    Chances are good he is already receiving the benefits he applied for for he and his child. If/when the state finds out the child does not live with him. The benefits will be reduced or stopped. He will have to reimburse the state for benefits he received but was,not eligible for.

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