Who's responsible????

[InTheMiddle]

Hello.  

This is an inter-state issue.

Birth Father has physical custody of kids in Arizona.

Birth Mother lives in Texas.

Case is in the Superior Court of Maricopa County, state of Arizona.

Birth Mother was very behind in child support payments.

In January 2005, I sent a copy of the back child support payment due to the Arizona Clearing house AND the Attorney General of Texas.

Birth Mom owed 3281.54 in back child support by August 25,2005; or be put in jail.

Birth Mom's boyfriend sent a check on August 9, 2005.

Arizona court ruled that back child support was paid up until July 2005.  The Clearinghouse does not recognize this.

Here come the questions:
 
1) Who is responsible for registering the check with the Arizona clearinghouse, Birth Father or Birth Mother's Attorneys?

2) Attorney General of Texas is going to start garnishing her wages this month.  
-----Birth Mother still owes $415.38 in back child support from 2004.
-----Birth Mother owes $243.28 for child support October 2005.
-----Birth Mother still owes $1,500.00 in attorney fees per ruling dated September 2004.
Should we stop the Attorney General from garnishing her wages?

NEW ISSUE--Tax Exemption
Parenting Agreement states that:

"The Petitioner's  entitlement to the tax exemptions shall be conditioned upon payment by December 31 of the total court-ordered child support obligation for the current calendar year and any court-ordered arrearage payments due during that calendar year for which the exemption is to be claimed."

Birth Mother claimed one of the children on her 2005 taxes.  

1)  Should I send the IRS a copy of the ruling and her payment history, then claim the child as well?

2)  Is it better to just let this all go?

Thank you very much for your time and cooperation.

InTheMiddle

[socrateaser]

>Here come the questions:
>
>1) Who is responsible for registering the check with the
>Arizona clearinghouse, Birth Father or Birth Mother's
>Attorneys?

Probably no one is responsible, which is why it's not happening. If you believe you're being injured by the failure to register, then you can either become responsible and take care of the problem, or you can try to sue the person/entity who's injuring you and try to force them to be responsible.

I don't have near enough facts to make the determination of whether there's a negligence or writ of mandamus action available here.

>2) Attorney General of Texas is going to start garnishing her
>wages this month.  
>-----Birth Mother still owes $415.38 in back child support
>from 2004.
>-----Birth Mother owes $243.28 for child support October
>2005.
>-----Birth Mother still owes $1,500.00 in attorney fees per
>ruling dated September 2004.
>Should we stop the Attorney General from garnishing her
>wages?

Why do you want to try to stop it?

>
>NEW ISSUE--Tax Exemption
>Parenting Agreement states that:
>
>"The Petitioner's  entitlement to the tax exemptions shall be
>conditioned upon payment by December 31 of the total
>court-ordered child support obligation for the current
>calendar year and any court-ordered arrearage payments due
>during that calendar year for which the exemption is to be
>claimed."
>
>Birth Mother claimed one of the children on her 2005 taxes.  
>
>1)  Should I send the IRS a copy of the ruling and her payment
>history, then claim the child as well?

Yes, if you want the exemption.

>2)  Is it better to just let this all go?

Better than what? I never leave money lying on the table. Someone else will just pick it up.