Question

[zapped]

This is more of a follow-up from my previous posting a few days ago.

DH is now CP of his 14 yo daughter (yay!) and DH and BM verbally agreed that he would not seek CS from BM but she had to waive his arrears (his current CS is closed but she kept the arrears active for "security reasons").

BM said that she felt she needed that protection (LCSA encouraged her to keep arrears active for "protection") so that if DH decided to file a CS case against her, he wouldn't be able to because he was in arrears. This didn't make sense to me.

Question...can DH open a CS case against BM now that he is CP even though he has past due arrears?

BM says he can't. I'm confused. (BTW, she is waiving on Monday anyway but I just wanted to verify this with you guys out there!).

Thanks!

[Imom]

I know in our state he could,,,,but what she was ordered to pay would be put against his back pay.  So you wouldn't see a payment untill she paid all the past due.

[zapped]

What state are you in? I am in California. So basically what you are saying is that if he owed, say, $5K in arrears that he wouldn't see any current support until that $5K was paid off? That means BM would basically be paying off HIS arrears and not receive any actual support for SD until the $5K was completely paid in full?

[Imom]

I am in Indiana,,,,and yes thats the way they do it here. The bm would be paying of his arrears.

[zapped]

Thanks, Imom. Wow, I find that really funny! Well, I suppose it's better than nothing! BM is holding on to the arrears thinking it will "protect her" from being garnsihed but I think it's just defeating her own purpose! :)

[ConcernedCP]

BM shouldn't be garnished.  If your DH owes $5k in arrears and is now the CP, the BM who would normally be ordered to make CS payments, would not have to make a payment until the arrears is paid in full.  It's not that she is paying the arrears to your DH, it's that he is receiving a reduction in the amount of the arrears he owes instead of the CS she would be ordered to pay.  So, for example, if BM was ordered to pay $250 a month in CS, at the end of the first year, she would not have paid anything, your DH would not have rec'd anything directly in terms of cash, but he would have rec'd a credit and now only owe $2k in arrears ($5000 - (12 x $250) = $2000).   No money would exchange hands as long as they both owe each other money, once one person no longer owes the other, then monetary payments would begin.