Child Support Agency Getting Court Orders that BM pay DH support... what are the chances that he'll get arrears?
DH and BM divorced began about two years ago. They had been seperated about 8 years at the time - she moved out to be with a woman. DH stuck around for about 2 years trying to keep things stable for SS, but then moved with SS about an hour away to be wtih family. DH was always afreaid he'd lose SS if he tried to divorce and ask for custody... let's just say his dumb friends gave him bad advice.
So when I came in the picture, I helped DH divorce, establish custoday and a regular vistiation schedule for BM. DH didn't ask BM for child support. But she tried to ask for spousal support and put in all types of false docments stating she only worked 5 hours a week.
The judge didn't order anyone to pay any support.
So DH is not working and BM is driving a new car. DH went to the child support agency in our county. Since they were married, the agencies lawyer and DH and BM will need to appear in court. DH submitted all of his info along with the info on the restraining order, the divorce proceedings and alerted them that BM has a history of lieing and falsifying docs.
DH received a document stating that the child support agency will collect payments on DH's behalf for arrears and support. I'm not sure if that was just standard of if they actually intend to get her for arrears since they (the agency) have the ability to pull up BM's actual income from the Employment Development Department.
The new case is under the same case number as their original divorce.
I'm REALLY hoping that BM will get nailed for submitting false info previously.
Anyone have experience wtih this?
I don't have experience with
I don't have experience with BM submitting false info. I do know that she will be made to pay less than a man would be in her predicament.
It drives me bonkers that she's driving a new car but won't send one red cent to her son. If DH can provide the documentation showing she submitted false information, hopefully that'll help the judge get her for that.
Drives me bonkers too. But
Drives me bonkers too.
But just knowing that she will FINALLY be paying something is nice!
Even if it is a measley $50 a month - DH will happily take it.
I don't know that they can
I don't know that they can collect arrears on something that was never CO'd.
In the hearing where the judge ordered no one to pay support would've been the time to address/appeal that order, based on false information.
But, DCSE seems to be able to do whatever they want to do. They may have ways of pulling arrears.
I'm REALLY hoping! The Child
I'm REALLY hoping! The Child Support Agency has the ability to pull up the earnings info for the past years. The lawyer also has the ability to review everything that was previously submitted to the court since it is all ultimately tied to the same case. This is just the most recent line item in the register of actions.
I'm hoping the CS Lawyer will see that she lied and will ask the judge that she pay what she "should" have been paying all along.
(DH and BM both originally represented themselves).
usually CS doesn't go after
usually CS doesn't go after NCP BMs with the same fervor as they do NCP biodads. I'll be shocked if they grant arrears.
I know of a case where CP biodad was chewed out for being a dead beat dad by the judge until it was pointed out that the BM was the deadbeat. Biodad said to the judge "I accept your apology and let's move forward, shall we?"
Then another judge was frantically banging on his calculator trying desperately to LOWER the
CS that NCP BM had to pay saying over and over "this CAN'T be right!!!" Whereas the same judge had NO qualms about the amount if the payor were biodad.
It can be downright
It can be downright insane!
My ex found out that his daughter was his when she was 3. The bio mom had another guy's name ON THE birth certificate AND that guy was taking care of the kid. Ex totally got reamed for "being a deadbeat" -AND- was ordered to pay CS back to the child's birth. Never mind that the kid was being supported by what was believed to be her father.
Insane!
My DH got awarded CS last
My DH got awarded CS last year and the judge ordered the BM to pay back CS from the date CS was filed to be established. It can happen.
DH is supposed to get child
DH is supposed to get child support from BM. The only time he gets it is when she files her tax return. They take her tax return and pay whatever is owed. She refuses to pay it willingly and for whatever reason, they can't find her place of employment to garnish her wages. It's been years since they've been able to garnish her wages. I'm pretty sure if it was DH who owed money, they would come to our house and take it out of his wallet. She has also lied about being employed and her salary. She's even told people at the court that she WILL NOT give them her employment information. They practically begged DH to sign the paperwork to have her arrested. Good luck! The system is very biased.
If BM is not in arrears on
If BM is not in arrears on an existing CS obligation I am not sure if the court can go after any previous income she has earned.
The key is to get a CS order now and manage the situation going forward.
Good luck.
See now I was just hoping
See now I was just hoping that the new lawyer from the CS agency would have access to all of her actual income history and it would be obvious that she lied during the initial hearing several years ago. Then of course, I'd hope the judge would nail her in her ASS.
... ah one could only wish!
Usually when they send those
Usually when they send those letters it means just that. They intend to collect and forward payments to the custodial parent. Unless the arrears are CO'd and added to the initial payment each month, then you won't get anything other than the initial payment. However, so long as she is in arrears, and she gets anything back on her taxes, child support enforcement will take it from her and forward payment to your husband each and every year until she is paid in full. Also, so long as BM is in arrears and she begins to not pay for months, child support enforcement will proceed with charges for nonpayment. In my state, it is considered a class A Misdameanor, uness the payment is over a certain amount or I believe no payments for 12 months, at which that time, it is considered a felony charge.