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  1. #1
    Join Date
    Jun 2007
    Posts
    9

    Default Claim For Back Support Despite Payments And Agreements

    My husband is the non-custodial parent of a son who is turning 18 in October. Their divorce happend prior to the law that required income withholding in MN. His ordered amount at that time was $523/mo, which he paid directly to her....every month. Occasionally, such as when he got a tax return, he would pay 2 or 3, or even 4 months ahead of time. He always paid by check.

    In 2000 he got a new job with slightly less pay. They made a verbal agreement to drop his support to $500/mo. (shame on him with verbal agreements. Obviously I wasn't in the picture yet, because I would have advised him against this.) He has always paid consistantly.

    Years ago he opened a special account, and only writes her checks out of that one account. Why? Because sometimes she would sit on a check for two full months before cashing it. That's ok...it's up to her how she handles her money, it just made for funky book keeping on our end so he found it easier to just open a separate account and not worry about it.

    Around the first of the year we ran into some financial difficulties, and for the first time since their divorce in 1993 he fell behind by 3 months. About 3 weeks ago he sent a lump-sum check for his arrearages. What he didn't know is that his ex was in the process of requesting support enforcement from the county. Good grief, his son turns 18 in FOUR MONTHs and she's JUST NOW requesting enforcment for someone who's been paying all along? And, it's not like we haven't talked to her about those 3 months he got behind. She was all like, "Oh, don't worry about it."

    Ok...not a problem. He's paid current and the first payment was just taken out of his check this week. No big deal. With it being withheld from his check he doesn't have to worry about sending it off on time, etc. It's only a few months... a year at the most if his son stays in school next year....no big deal.

    Today in the mail is a letter from the county. In it is a form filled out by his ex, asking for back support in the amount of $23.00/month all the way back to 1994!!!! (remember, they verbally agreed to reduce his support to an even $500) Can she DO this? Then, out of 13 years, there are 4 or 5 months where she says she didn't receive a payment AT ALL. (nu uh!!!!!)

    He did NOT keep records going back 13 years. Who would????? He does have checks going back four years, but not 13!!! Can the state go back THAT FAR? Good greif, the IRS doesn't even go back that far! This is just stupid. I have been on both sides of the child support issue (I have an ex who doesn't pay, which makes my husband even MORE determined to always pay on time!) and I've never seen someone do something so dumb. We have no problem with her asking for enforcement. It actually makes it easier on us not having to worry about it, but asking for this back support of $23 a month??????? C'mon!

    Any thoughts on this? I've spent enough time in support court to know a magisrate would probably aks her something to the effect of, "Why are you JUST NOW making this request?" But....well stranger things have happened, right?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Claim For Back Support Despite Payments And Agreements

    Is the child support agency allowing her to make claims back that far? In many states, claims of nonpayment not brought within a limited time are considered stale. If he paid by check it should be possible to get old bank records from the bank, but that would cost money.

    Does your husband currently have a lawyer?

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