Back Child Support

holhat · ‎10-13-2008

Anyone have any luck with child support arrearages? Paid current and then some toward arrearages every month like clock work. Child is deceased (x3 years) and back support still being paid regularly. Child Support Enforcement on credit report basically ruins credit entirely. Mother unwilling to accept private payments and cancel support services.

Since this is not the place for details, please excuse me if this sounds callous or heartless. Believe me, it's not like that, this is just a small piece of the pie.

holhat · ‎10-13-2008

Should mention our state. Washington. Not a father state at all.

My husband even has custody of his other child which I think speaks for itself. No justice for the good fathers out there!!

Cleanmachine · ‎10-13-2008

Without going in to more details I can tell you this.

If this is a State Case and the mother was receiving benefits from the State, the father is responsible to re-pay the State for the child support.

I am not sure what you mean by “Paid current and then some toward arrearages”

I would highly suggest that the father seek assistance from a Family Law Attorney or Legal Aid in your State. Obtain a copy of the death certificate.

If there are arrearages in this case, that amount must be paid back to the State. However as you have indicated, this child is deceased, therefore the obligation to pay child support has terminated.

Are you saying that the mother is still receiving State Assistance including child support??? If so, this is Fraud.

Please read the original Court Order requiring the payments of child support and any amendments to this Order. This Order needs to be updated to show the child is deceased and any future payments are hereby terminated.

Run, don’t walk to the nearest attorney.

holhat · ‎10-13-2008

Cleanmachine wrote:

I am not sure what you mean by “Paid current and then some toward arrearages”

We don't the state a dime. She was never on State assistance. I meant by paying the current monthly support and then some toward back support as well.

It was one of those deals that when mother gets jealous or mad at dad, she withholds the one things that hurts him.....his kid. Everytime she with held child, my husband with held $$ and he built himself a debt. I realize that was not the smartest move on his part. Young, dumb....??? Anyway, she keeps support enforcement on him like flies on you know what and Support Enforcement seems to really enjoy it.

Attorney's say too bad so sad......visitation & money are seperate issues. I get that but all the tug of war and not letting son see dad, the child paid the ultimate price. Suicide. Now neither parents gets to see him but we sure pay her every month. He'd be 20 years old now. My husband has no prob paying a debt for the kid he adored (anger aside) but is wanting it off his credit report so we can provide well for the other 3 kids we have left to love.

fishbjc · ‎10-13-2008

I don't have any advice here, but please send my condolences to your husband over the loss of his beloved child.

It's very sad that people don't realize, or care, that the child pays the ultimate price for the behavior of the parent(s). This is a very sad story. I hope this turns out well for the both of you and the three other children.

Anonymous · ‎10-13-2008

What a sad situation. Please add my condolences to fish's... so sorry for your loss.

Anonymous · ‎10-13-2008

OMG!!!!!!!!!!!!!

Right or wrong, details or not -

This is the most disturbung post I have even read on this forum.

holhat · ‎10-14-2008

I know. I'm sorry. I don't mean to sound heartless. It is a bad deal and kids do suffer the most, I don't see why parents don't see at least that much thru thier bitterness and our case really sucks but it's also heart breaking to watch my husband's face every time he sees that $$ come out of his check and go to the woman he blames entirely. We fought her in court and they failed us. Slapped her on the wrist and told her to stop her antics but she didn't care. Had that been a man doing that, he'd be in jail. Just sucks how much that debt holds him back when she could accept private payments. She has to keep salt in his wounds as much as possible I guess.

Anyway, I apologize. I tried not to go there without sounding like a total B-I-Tch.

I apologize.

I truly thought maybe someone else had been able to get thier support off thier report and maybe had suggestions for me. Thank you for condolences, I really do apologize for saying too much.

smallfry · ‎10-14-2008

@holhat wrote:
I know. I'm sorry. I don't mean to sound heartless. It is a bad deal and kids do suffer the most, I don't see why parents don't see at least that much thru thier bitterness and our case really sucks but it's also heart breaking to watch my husband's face every time he sees that $$ come out of his check and go to the woman he blames entirely. We fought her in court and they failed us. Slapped her on the wrist and told her to stop her antics but she didn't care. Had that been a man doing that, he'd be in jail. Just sucks how much that debt holds him back when she could accept private payments. She has to keep salt in his wounds as much as possible I guess.
Anyway, I apologize. I tried not to go there without sounding like a total B-I-Tch.
I apologize.
I truly thought maybe someone else had been able to get thier support off thier report and maybe had suggestions for me. Thank you for condolences, I really do apologize for saying too much.

So sorry. As far as the child support tradeline goes once it is brought up current you might find it report as a positive tradeline for ten years thereafter. Depending upon the bureau it might be disputed off. Might also show very incorrect monthly payment required as well.

Cleanmachine · ‎10-14-2008

holhat

I am somewhat confused about your statement that your husband is still paying the current monthly support with some going to arrearages.

Has the Court been notified that the child in question is deceased???? Has the original Order for Child Support been amended to indicate the child has died???

The other child that your husband has custody, is this with the same mother?? If so, it would seem to me that this would have off set any child support obligation.

I agree that Visitation and Support are in fact two separate issues; however most child support orders have an ending date, such as the child has reach emancipation (18 years of age) marries or dies. There are exceptions to the emancipation provision when the child enters a higher education institution.

Since this is not a State Case unfortunately the only person that can provide any relief is the recipient of the child support. She would be the only one that would be authorized to forgive the arrearages.

Your husband can petition the Court to have the original order amended to indicate the death of the child and future child supports payments are terminated. Any payments paid after the death of the child is hereby allocated to the arrearages.

I can assure you that the Child Support Enforcement Agent does not enjoy being constantly annoyed by the mother. Their only responsibility is to enforce the Court Order.

There is something definitely amiss with this issue as you have described them.

I wish you and your husband the best of luck.