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Just dont understand!

Started by Stepmom0418, Jul 30, 2004, 12:14:49 PM

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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 )