Child Support and Past Due Child Support

[swilloug]

In December of 2004 my husband received residental custody of his son.  SS is 13yo and mother has never been financially responsible for SS (living with family, off state, or now married and does not work).  In the past 13 years my husband did fall behind on child support.  And until January of this year was making payments on current and past support monthly regularly for about the past 6-7 years.  There was a time when he didn't have a job that he got behind but for the most part paid it.

Now that we are awarded CS she is not paying but my husband is still being contacted by the district attorney.  He was told that he was to pay the full amount of CS until the past due is paid off.  When she was contacted she said she can't afford to pay her current support to us unless we pay the back child support to her.  Which is very ironic since they told my husband when SS was born he better find a way to make the payment but she doesn't have to get a job to make the payment!  That makes me sick.

The plan was to take her payment each month and pay the back child support since we are a pay check to pay check household and don't have any extra to shell out since we do have another mouth to feed.  When SS came to us to start school we had to buy him clothes, school supplies and everthing to start him in school with us (we bought most of it last September also).

I don't have an issue taking care of SS with child support my issue and question is why can she get away with not paying but they came after my husband at the drop of a dime.  Why do we pay her to sit at home through state aid, pay her child support and then pay for hair cuts, shoes school supplies and anything else SS needed.

I have never had and issue taking care of SS financially I just have a problem with BM not taking care of SS with the money she is continuesly handed.

Now we have to come up with $900 by April 20th or my husband is in jail.  Which really shouldn't be that much since she owes us for three months of CS and will owe half of a dental bill in April which would leave approximatly $400 owed to her.  Any suggestions what I can do???

Thanks

[Kitty C.]

Here's a possible solution...........

Calculate how much your DH still owes and how much the ex is behind, subtracting hers from his.  Use that amount to calculate how many months of support that is.  That's the period you're 'dead even'.......neither has to pay the other anything.  It also gives her an 'opportunity' to get a job, too!  After that, then she will be on the hook for CS.

[Troubledmom]

Except if the arrears are owed to the state for welfare recieved for and on behalf of the child.

When a person signs up for TANF (welfare) they assign their rights to recieve child support to the state. The state will not forgive arrears owed to them and they have to be paid.

Different states have different rules on arrears, but it is possible if it is state owed arrears that you can petition to modify the arrears payments to an amount more reasonable than the full CS amount. Generally in my state the amount ordered for arrears payments is $100.

Hope this helps.

TM