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This woman may have fallen on hard times applied for assistance and they require you to cooperate in order to receive funding for usually welfare. She probably didn't think they would really find you. She may not have even given your address they may have just found you through your social security number. Or she could have given your address in hopes of getting a large sum of money. You are probably going to have to pay up because you knew the order existed but you have to find out what state has juristiction over the case probably the one that granted the order in the first place, then file on violation of the parenting plan and for a modification of cs becuase after 10 years the amount should be different unless your making the same as you did back then. There might be some type of amnisty since you did not know were to find her to send a check. Depending on the judge and state laws you could have to pay anything from a portion of it to the whole thing or just pick up paying the new amount now. I suggest you go get another copy of the order from where it was granted and contact a lawyer to see how to proceed.

If you look at the actual form that they use to figure out child support no allowance is made for amount of the parents debt or lack there of. It is solely how much the parent makes and child related expences like daycare or medical. There was a part in there on the one in my state that made an allowance for if the parent had a medical condition and was requiered to pay for thier own medical treatment and/or medicine but that was it.

>But you'd be better off asking your attorney that question.

He is planning on doing that but I wanted to have some info first. He really likes this lawyer but I happen to think he is a wimp. You know his child his choice of lawyers I have to myob! I personally don't care much who claims the child but it just makes me mad she used the child like she has and now is getting paid to do it. The way he puts it he is paying his ex to abuse his kid. If you knew the whole story you'd want to vomit!

I'm going to try to clarify a little better. I tried to be as strait foward as possible.
The actual parenting plan was done when the parents were legally divorced. It states in that that Dad has custody during the week and mom has the child every weekend. It also states they claim every other year. This year being "Dad's" year. The problem came into play when mom got nasty and made several calles to cps (I mean a lot) and eventually cps took legal custody of the child and placed her with mom. So currently according to family court order dad has custody and gets to claim this year. Now since this is in circut court the judge there ordered legal custody to the state, and primary physical with mom until the state figures out which party is full of bull crap, but there is no mention of taxes. Now last year about this time we got a letter from mom stating that she was going to claim the child (it was her year anyway) and she said in the letter that because of the parenting plan this was her year. The parenting plan was suspened last year in Sept  but was followed before that so dad should have been able to claim but he followed the parenting plan anyway.

Realy what I'm asking is even though a "higher" court changed physical custody temporarly where does that leave the rest of the parenting plan? Did that suspened the custody part or the whole thing? I'm thinking it might mean the whole thing because according to the divorce decree and the parenting plan both parties "waived child support" yet now that mom has custody she gets child support but never had to pay it.

Here is the situation
According to the Parenting plan every other year they switch up who claims the child on income tax's. This year would be dad's turn.

Parenting plan is in limbo right now because ex pulled a nasty to get full custody and circut court Judge has mom as primary residental parent with dad having supervised visits. Neither have legal custody the state does.

Dad pays child support and because of income pays 70% of the childs support with mother responcible for 30%

Who gets to claim the child? Person with whom child is living or person who is responcible for more of the support?
*No back support owed*
 
Can this be found on the Irs website somewhere? If so is there a link you can provide?
Thanks

I'm pretty sure you can't. With you on record as having the childern 42% of the time believe it or not the other parent could get you for child support because legally they have the child for more time. You first would have to get the custody slanted in your favor on paper then go for child support. And since it is so close to 50/50 unless there is a drastic difference in income between the two homes it isn't going to be much. At least that is what I see around here.

I think what the difference is may be that your a payee and reading from what you receive and my boyfriend is a payor. Yours would not have intrest or fees printed on it because those arent payed by you but by your ex. See I believe that since they aren't telling you what the intrest is (and if he was behind he had to pay intrest even if only for a month) it's because your probably not ever going to see it. If he is reading this I'd love to know if he did have to pay interest and where that money went.

Yeah I think my boyfriend does need to call them because a few times I noticed it only had 3 payments listed when they take it out of his paycheck every friday and all months have 4 fridays in it then The following month only had 4 when if that was the case there should have been 5 the next month. I've also noticed if there are 5 fridays in a month I've never seen the 86 bucks taken off 5 times and it is taken out of every check no matter how many fridays are in a month.

The one thing I hate is that the statement doesn't have total amount paid for the year on it because I could then compair that to what his check has for that line (each deduction on his paycheck has a total for the year) and make sure the two numbers match. The statement itself is kind of confusing cause the way it is written it looks like he owes more at the end of the month than what he started with but actually doesn't because he has paid 4-5 times and the 4th and 5th payment aren't on there but the next month the starting bal is 0.00. It is so confusing.

I have my boyfriends statement of support obligation from WV  right here it has If i'm understanding it correctly He is charged $300.40 pr months taken out of his weekly check divided to $86.65 per week they charge him $5.93 in intrest and he owes no back support. So I guess because he is suppose to pay that amount at the start of the month and it takes the whole month to pay it they charge him intrest on what he hasn't had paid from the start of the month?? It is just listed as "Child Support Intrest" doesn't say who gets it. There is also a something that says "Fees= no intrest charged on Fees and then it says 0.00 across from that. Maybe some are charged a fee and some don't get charged a fee or maybe they are charging him a fee by charging intrest. It does not say who gets the almost 6 bucks and him and the ex don't talk with out a third party present or shall I say through a third party so who knows if she gets it.

Good questions!! If you click on the origional link and then click on the link to the house ways and means section 8 it goes into a brief explination. From what I understand there is a fee $25 or something depending on the state for the service. You really have to sit down with the ex's and go through all the numbers because I'm not sure but it appears from what I read (I could be wrong and I'm sure the states vary) that not every single penney gets to the CP. You'd actually have to sit down with pay stubs and compair to see where the extra goes. Now much of it probably comes from intrest. If dad pays on the say 15th of every month and they only issue the child on the first of every month they collect intrest on that for the time they have it. Also if due to a "mistake" they happen to hold the money for what ever reason longer than they are suppose to they are collecting intrest on it for that time too. When you consider how many children get child support in a state at any given time that is a lot of money.
See I think what the states are banking on is that when CSE is in charge of the support it is because mom and dad don't communicate. Mom jsut receives a check and is happy dad just has the money taken out and grumbles about it but isn't really going to call up and say "hey did you get the whole $247.17 they took out of my check friday"
Also from what I was getting is there is 2 different approaches to the child support one if for TANF and then the people who don't qualify for that but need services any way but that just lost me so I'll go back and read it again later (sometimes if I read something 2 or 3 times it clicks better) maybe somebody else can explain better.

I was waiting for somebody to say that
From the House ways and means committe:

"States still make a profit on their child support program. States are
free to spend the State share of collections in any manner the State
sees fit, but States must spend Federal incentive payments solely on
the CSE program or on activities approved by the Secretary of HHS
which contribute to the effectiveness or efficiency of the CSE
program."

The way this is written the "profit" from this program taht is suppose to support children can go to just about anything the state sees fit wheater it is for kids or not. Another words they can take this money and put it towards giving the governer a raise if they felt like it or putting a new roof on the state capitol building. Things that have nothing to do with kids at all. I would not have any problem with this if there was some kind of statement like "States are free to spend the State share of collections on Education or after school programs to benifit low income children" or something like that. This statement also has hidden meaning like go after any money you can, however you can just to turn a profit, and do it by any means possible (as set forth in previous paragraphs) to maximize the profit.
Something else I noticed on my boyfriends statements was that from the moment the judge said who gets child support and ordered it the order went into effect. That means if it takes them 3 months to figure out how much then he has to pay from the back date so he already starts of owing back support with interest. So the longer it takes them to "figure out" how much he owes the more interest he has to pay, the more the state makes.