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I have a odd case , I have had custody if my only child for 9 years or so now , I had to pay support for The time before I got custody, after which my order stopped and The mothers started, she didn't pay for close to 8 years outside of her taxes being taking and sent to Me. On feb 1 2013, I got a letter in The mail saying I missed a court date for contempt on failure to pay support, now my issue is even if I owed any back support, wouldn't hers far out weight mine being so much more behind, idk what to do there may be a warrant out for me and I may have a suspended license, and I'm The one with custody, any info would help at this point I have to go see my caseworker Feb 13 ,
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Re: both parents owe child support
I wish to inform you that you can request court for adjustment of child support payable by you against default by mother. You will require court order that you are not be in default because mother already owes amount to you and child support must be adjusted. You can file your reply seeking necessary relief or in alternative demand that amount owed by mother must be enforced.
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Re: both parents owe child support
Short answer? Maybe.Originally posted by cburt View Post
If you had a current support order that ended due to custody changing over, that doesn't erase any past due support arrears that remained unpaid at the time that the support order terminated. You STILL were obligated to pay the past due amounts, despite the fact that you now held custody.
What you SHOULD have done is asked the the court for an offset at the point where the mother was required to pay. You could have asked that any remaining balance left for you to pay could have been deducted from the amounts SHE was to pay, essentially balancing out. However, that decision would be up to the courts to order and enforce. By taking it upon yourself without the court's intervention, you had no legal right to do so. And since there is STILL an unpaid arrears balance due, the CSEA can and WILL continue whatever enforcement measures are available to them in order to collect the unpaid support from you."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."Comment
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Re: both parents owe child support
You need to determine why service for the court date failed and request a new hearing to present your side.Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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Re: both parents owe child support
Thank you for The info , and I know there was more I should have done back when I was awarded custody in this matter, but (it being not a excuse) I was young and a little dumb to all The extras things that needed to addressed. My only concern and still is The only thing that really matters is my daughter, and I just hope The court will go through with The offset , because The amount I owe is less then 8% of her total back support being close to The 30k range, but I digress , thank you all who took The time to respond , enjoy your dayComment
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Re: both parents owe child support
They won't do it automatically. You have to request it."If it ain't in writing, it never happened."
"A lack of planning on your part does not constitute an emergency on my part."
"You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."Comment
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Re: both parents owe child support
I plan on requesting it tomorrow , when I see The caseworker among other things, I fear The bench warrant more then anything, I'm a full time care giver to my disabled , grandfather and mother , and I'm The only one here for my child , so jail time could really affect more then just myself, I don't run from my problems and I always accept my wrong doings and faults , and The only reason this has become a issue is if my pobox is not on The letters with my street address then that mail tends to shows up after it should , it's a issue I've been dealing with The post office for The 3 years since I moved and I have made it known to all parties in question including The courts and all other I deal with ,Comment
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Re: both parents owe child support
Your case is not as odd as you think. One part of the child support enforcement services knows you receive support and do not pay it. Another part only sees the old order and pursues you. Get to the Courthouse to get copies of the pleadings and orders from 2-1-13. You only have a limited time to vacate the default judgment without difficulty. At it stands now you can be subject to a body attachment (warrant for your arrest). You need to move to vacate the Default Order and also take her to Court for the amounts she owes you. Set the hearings on the Motion to Vacate and for Rule to Show Cause against her for the same date and time. The prosecutor who went after you and has not gone after her will have some tapdancing to do with the Judge.Originally posted by cburt View PostComment
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Re: both parents owe child support
Your liberty is at stake, since you are probably correct that there is a warrant out for your arrest. You must get into Court immediately to avoid going to jail. Ask the Court to order the State to do an accounting, which will show what the mother owes you and what you owe her. The Court may enter a stay order, ordering the State to temporarily stop enforcement of the child support order against you, until the issues are all sorted out. Most importantly, you must be very pro-active now about your case. The Court took custody away from the mother and gave it to you because it was and is in your child's best interests to be with you. Your child needs you; you must clear up this child support matter so that you can continue caring for and protecting your child, and continue being the great dad that you are.Comment
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Re: both parents owe child support
Well everything turned out fine , I met with The caseworker , fantastic person and very helpful . And I'm meeting with The mother friday and she's sigh off on my back which in turn will lower her overall . I have to still pay a very small amount in relation to what I would have and that's only because she used state aid cash assistance for a short time ,but heck only having to pay around 10% of The total is great to me , so I made my first payment right then and there and that halted The bench warrant , so once again thank you all for your helpful advice , I hope your day finds you wellComment
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Re: both parents owe child support
Glad things worked out so well. Dis.....Due to a recent promotion, I should now be referred to as Major Obvious.
I would not be trying to provide information and knowledge if I did not sympathize.
Some days it is just not worth chewing through the restraints to face life.Comment
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