Next Step to Fight Arrears Amount

[citygal27]

My question involves child support in the State of: Pennsylvania

This is a sticky situation. My b/f was in a relationship for 20 years previous to us meeting. He has 4 children, one of whom died in 3/06. He lived with her the entire 20 years, worked and provided for them. The ex filed for welfare in 1988, shortly after he was incarcerated. When he returned, later the same year, she told him she was off welfare (since he had hospitalization through work). He never received any notices about child support, mainly because he worked and she was home all day, and admitted to throwing out his mail. He found out about owing child support in 1997. As it turns out, she had been collecting welfare, including cash benefits and food stamps the entire time, and is still collecting. He has tried to go through the courts to explain the situation, have his wages garnished, and make payment arrangements, and everytime he has gone(which now is at least 20 times) They will not listen to anything he says. He's seen as a dead beat dad and thrown directly in jail for 60-90 days at a time. When released, he attempts to go to court and the circle begins again. The eldest daughter is 21 now and his son is deceased. His parents took custody of the youngest daughter after he was incarcerated (for child support yet again) and the other daughter is living with the maternal grandmother. My b/f pays for all tuition, meals, etc. The mother abandoned the children when the eldest turned 18, but no action could be taken because she left them with the daughter, who was an adult. She still collects welfare for the 2 younger children, even though she doesn't live with them or have custody. The latest time which just occurred, my b/f was released and yet again filled out the garnishment paperwork. One week later, after his first check was garnished, he was picked up in the middle of the night, and told he had to immediately pay 2000 or spend 60 days in jail. I really don't understand how he is supposed to pay anything if they keep locking him up. So, my question is really how to go about rectifying this situation. Is it even legal for her to try to collect welfare for children she doesn't have custody of? And why is he required to pay for benefits his children didn't receive? Should welfare be contacted AGAIN to report this fraud? Is there any action we can take against her? And how do we go about rectifying this situation in family court, because obviously wanting to pay, bringing documentation of providing for your children, and spending time in jail aren't working! Also, is he responsible for arrears accrued for the 3-4 years he spent in jail already because of this? Please help. Any advice would be appreciated.

[mmmagique]

"we" can't do anything against her. "He" can get a lawyer, (and yes, he'll need one) to get this mess straigtened out.

[citygal27]

"He" is in jail right now because of this. I didn't know if there was anything that could be done by me or his family. (my lawyer wants to talk to him when he is released in 60 days) I also wanted to let him know what steps he can take from inside, since the counselor was of no help. Obviously, we want this done the legal way, but at the same time, he can't very well pay child support OR tuition from where he is.

[Xena]

"He" is in jail right now because of this. I didn't know if there was anything that could be done by me or his family. (my lawyer wants to talk to him when he is released in 60 days) I also wanted to let him know what steps he can take from inside, since the counselor was of no help. Obviously, we want this done the legal way, but at the same time, he can't very well pay child support OR tuition from where he is.

If he is paying the court ordered amount, and is making an effort to pay toward the arrears, he really NEEDS to get a consult with an attorney ASAP. The CSE typically will not jail a parent who is paying the full amount and making arrears payments. In other words, there has to be more to the situation than you've posted. Only a local attorney will be able to tell him what he needs to do.

[citygal27]

He made the one payment since his release. While he was locked up the last time, they issued a bench warrant for non-payment. So they waited until he was released and locked him up again. He might not qualify for free legal counsel, so he would need to file the paperwork himself. The system just doesn't want to believe that even though he makes $700 a week, after paying $125 in child support to his ex/welfare, then paying rent, then giving money to his children and providing clothes, shelter, food and tuition for them (since the ex took off years ago) he is broke. I would like to know what exactly he should file in family court. (let's just say the people who work there are not that helpful). Also, is there any way to get her off welfare, since he is paying for that? We have tried reporting her for fraud, but to our knowledge it was not even investigated. Thanks for the help.

[MSGB]

What a mess.... First, I find it hard to believe that your BF was sued for child support but never received notice. What address did the GF use for BF? GF could not have collected welfare benefits if she listed BF's address as her own. Check the county records to determine where and when he was served with the initial Complaint for Support. I also find it hard to believe that your BF didn't know that his children were receiving welfare benefits for 20 years without his knowledge. With that being said, your BF will have to prove that he resided with, and supported, his children the entire time. BTW, who had legal custody of the children?

BF needs to file a Petition to Vacate the Support Order (to get support to stop accruing). It does sound like you will need a lawyer, though, to straightening out the arrears mess.

And contact your District Attorney's Office regarding the welfare fraud.

[Alumaxium]

wow dejavue ,, this sounds like schuylkill county PA , my ex GF owed 3 grand in back support a couple yrs ago , every time they would send her a letter to appear in court she would check into a rehab which voided the court hearing, after welfare would not pay for her rehabs anymore she decided to move to arizona , i went to DRS and gave them the heads up on her plans ,, they said they could not do anything , the sickning part was as i stood there in the DRS office trying to get help they were locking guys up for not having 25 dollors to pay on their support orders ,, i stood there and watched them handcuff and take 3 guys right across the street to the county jail ..... i even wrote letters to newswatch 16 to try and help me bring this discrimination bullcrap out into public knowledge ,, but i got no responces ,,, hmmmmmm