Just dont understand!

[Stepmom0418]

My ss had lived with his grandmother for the most of his life. There was a cs order for MEDICAL ONLY for 5 years naming grandma as the caretaker. There is a current order for cs and now the cs office is saying that my dh is owes over 11,000 in past due suport. The thing I dont get is that grandma requested no suport and got no welfare assistance during the 5 years in question. The cs office is doing a review on the above situation but we are waiting to hear the outcome. DH is considering consulting with his attorney in regards to the above but we would like to hear some other suggestions and comments.

He does pay current support and that is not a problem at all with either of us. We just dont see why he would owe any money since it is a MEDICAL ONLY order.

Any ideas? Please help!

[Lawmoe]

It certainly sounds as if there is a significant amount of consfusion.  In most states, child support cannot be ordered retroactively (unless it is an initial paternity determination).  As a result, if there is no order, there is no support.

Very Strange

[Stepmom0418]

I argee that it is very strange that is why we are asking questions. I am not sure if we should retain an attorney or if this agency will correct its error but I was told that they will look into it and get back to us with in 3 days. I think we will wait the 3 days and see what the agency decides and then go from there. I have mentioned it to the attorney that we have for the custody case going on currently but Im not sure what we are going to do at this point. Thanks for responding!

[KAT]

Hmm, I'm wondering *most of his life*. Was he with biomom before G-mom obtained custody? Was she collecting welfare? Is it possible that there was previous order made that your husband wasn't aware of?
You are doing all this in writting right?
Do let us know their response! Inquiring minds want to know! :)
Hopefully it's nothing at all, just some confusion on their part.
KAT

[Stepmom0418]

*****Hmm, I'm wondering *most of his life*. Was he with biomom before G-mom obtained custody? Was she collecting welfare?


The first month or two of his life or so bm had cusody and more than likely she did recieve welfare benifits. When g-mom got him she wanted no welfare or child support. (I assume no cs or welfare because if she got cs or welfare bm would also have to pay cs as well as my dh) But for 5 years there was a medical support only order. So we are now trying to figure out how they came up with over 11 thousand dollars that my dh owes if there was no support ordered for 5 years out of 7 years. (ss is 7) His cs is and has been set at 179.00 per mo so they way I do math (lol) they are way off. Also it is fine by us if they leave him oweing that support but where is BM's support? Why should she not have to pay? She wasnt supporting him either and we know in foster care situations both parents are required to pay suport so therefor she should be just as responsible as my dh is.

Anyways thats how we are seeing it hopefully the child support agency will see the same when they look it over!

[KAT]

I'm afraid you might come to find out that the 11 g's are money owed to the state for child's birthing expenses & welfare provided for the child   (along with 5 years of interest). Many states will settle for much less then that amount however if you are able to give them a lump sum payment. You might also want to pull your husbands credit history, it could be listed on there as a judgment (nice huh?).
As for biomom, what can I say? They might have gone after her for child support. You can probably find out by pulling court records as your husband wouldn't have been notified of her pending cases(s). This could be the reason why your husbands support is on the low end. States all do things differently so perhaps they have calculated hubby's obligation by subtracting biomom's share?
Wish I knew what else to say here. Let us know what you find  out!
KAT

[Stepmom0418]

There was no cs ever ordered for BM to pay so we still sit and wonder what the deal is. I know if dh has to pay for when g-ma had ss then BM should too. But we will see what happens and i will let you know when we know. Thanks for the input!

[Bolivar OH]

Hi Lawmoe :-)

Welcome!!!

[Bolivar OH]

How come you get a little icon next to your alias?

LOL - Is that a warning like "Watch for shark!  Danger ahead!" ? :-)

[Lawmoe]

Hey there.

I am not sure what the icon is all about.  Maybe it is a target.

[Sherry1]

child was born.  My son took his ex GF to court when his child was three years old for visitation (His ex refused to let him see his child), and our attorney warned us that if her attorney (an ass) could seek CS from his birth and the judge would award it.  However, her attorney wasn't overly bright and didn't ask for it.

[Stepmom0418]

The Child support agency contacted DH today at work. They told DH that he is right in his thinking that if g-ma was caretaker for 5+ yrs then he should not owe the past support since g-ma only wanted medical support. But the lady on the phone told DH that they will NOT correct it and he would have to take it to court and spend his money to correct the situation!

Now I just dont understand how or why they can do this!! DH even told the lady that he doesnt mind paying the past due support but BM should have to pay too since she was not the one careing for the child!!

Now the question is how do we go about correcting this or what can we do?

[KAT]

You are going to need a copy of the court order. Ask your DH to see if they will forward a copy, if not, he can obtain one at the local court house (probably have a small fee involved).
KAT

[Stepmom0418]

We are going through a custody case right now so we will prob just have the attorney handle this as well. Waiting for a call from them now. (the attorney)

[KAT]

Update us on what the attorney says. I have a feeling it's going to be money owed to the state somehow though and he wasn't served. I would have a BIG problem paying support that wasn't court ordered and so should he. Please don't let him agree to pay it back unless the judge orders it.
Good Luck! My thoughts are with ya!
KAT

[Stepmom0418]

Oh let me tell you there is no way in he$$ he will pay this unless there is no other way around it!!!! I have drafted a letter to the cs agency and also put a call into his attorney, but am still awaiting a call. Our problem isnt even that he would owe this money! Our problem is that BM should be just as responsiable as what my DH is! Here is the letter tell me what you think and give me any suggestions as well! (that goes for anyone) Please feel free to edit or comment on something that should come out or be put in this letter!

To whom it may concern:                        August 5, 2004

   I DH  requested via telephone for The Child Support Recovery Unit to review and correct the issue concerning the two child support cases that I am involved in.

   I understand I have an obligation to support my son.I also understand that his mother  has an obligation to support him as well.

   In order for this situation to be corrected Chid Support Recovery needs to correct their mistake in past due support.

   There is a Medical Only order naming a caretaker,  This order (#) was entered on 11-12-98 and was effective until
6-1-03.

   There is also another order that names the custodial parent.This order (#) was entered 11-1998 through 11-2014. There is a past due amount owed on this case of 11,626.19. This order includes the time frame that g-ma was the caretaker of child.

   Obviously there has been a mistake with this. There cant be two people taking care of the same child at the same time. I know that child resided with his grandma  from at least 11-1998 to 6-2003. Therefore,if there is any support that is due, which there is not an order for, then mother should be just as responsible to pay the support as what I am. There is no past order for motherto pay support and is no money due to grandma so therefore it must have been requested that g-mal did not want support in order to free her daughter from any support obligation. That in it self should free me from the past due support that was obviously entered as a mistake.

   If I do owe any money during the years when g-ma was the caretaker of child then mom should owe that money as well as I do. But since there was no order then I don't see how either of us would owe money to grandma.

   At this time I am researching my options with this matter incase you do not wish to correct this situation in a timely manner. I do feel as if this situation could lead to a fraud case that could involve you and the other parties to this as well. It is obvious to me that someone is out to collect money in a fraudulent manner. If you are willing to correct this issue then please contact me as soon as possible because I will be contacting my attorney in reference to this in the next few days.

   I wish to have this corrected in a timely manner as it is affecting me and my family, as well as my credit history. This situation has caused undo hardship on my family and it needs to be corrected as quickly as possible.



                                       Thank you,
                     DH

DH address
Dh phone #

Sent Certified with return receipt




Please let me know what you all think!! (I took out all the names and the order #'s ect )