Unusual Child Suport problem

[trijr]

Dear Soc:

I am a 68 yr old retired widower who raised 2 children as a single parent. I was disabled with chronic severe migraines and unable to acquire a pension. I live on Social Security.

My 34-year-old daughter is disabled with a schizoaffective bipolar disorder. I became her legal guardian this year. She lives in a personal care home near us. She had a mental breakdown about 1999 and lived a homeless life in TX for about seven years until I was able to find her & return her to KY just last year.

I am legal guardian of her 16-year old son. His father was a MA visitor to NH. He was never married to my daughter. He never showed up to the paternity hearing and was named father by default. He was subpoenaed and appeared for a guardianship hearing in NH, at which time he relinquished guardianship to my daughter and myself.  

After his birth, employment relocated us to Kentucky at which time a filing was made for child support. KY was unsuccessful in locating him as he had left Massachusetts. I called his mother in Massachusetts for years, mostly leaving messages on her answering machine, to no avail.

Finally, when my grandson was ten years old, I received a call from his father. He was living in California and feared the consequences of their child support laws. His mother was pressuring him to do something peacefully before I found him.

He signed an agreement with me, out of court with no lawyers, to pay child support of $450.00 a month. He had married and now had another child. He pleaded with me not to force him to pay the $900.00 a month that he was liable for plus ten years back CS.

He clamed he was unable to pay that much and it would ruin his family's life. I felt sorry for him and agreed, feeling if I overburdened him I might not get anything anyway. They had another child. Now they have two.

Yesterday I called to ask him why he failed to pay the co-pay for six doctors visits and he told me his wife ran off with another man and is suing for divorce. He has bought another house and is paying child support to his separated wife at the beginning of each month. Now my grandson is receiving child support at the end of the month, too late to pay bills on time.

1. How can I assure that my grandson is included when CA calculates his father's CS obligation?

2. Do I need a court order for CS or will the signed agreement suffice?

3. Would I file in KY or CA?
 
4. Does being the first-born count for anything?

5. Is there any way I can get him to go back to paying the CS at the beginning of the month?

6. Do you have any suggestions for handling this situation?

Thank you for generous help. May God bless you.
trijr

 

[socrateaser]

>1. How can I assure that my grandson is included when CA
>calculates his father's CS obligation?

Contact the KY Division of Child Support and tell them where the child's father can be located. Since KY actually has jurisdiction because the father appeared in the original paternity action, KY will set a hearing order the father's appearance and impose a support obligation, they will then contact CA or the father's employer and arrange for a wage assignment.

>
>2. Do I need a court order for CS or will the signed agreement
>suffice?

You need a court order to gain an equal share of the father's income. In addition, your agreement is unlawful and void -- parents cannot bargain away their child's right to support without a court order approving the bargain. This means that despite any amount paid by the father towards the child's support, to the extent that the amount did not equal that which would have been ordered by the court, the father can be held in arrears.

If you believe that $900 is a rough estimate of the monthly arrears, and that he only paid $450, then he arguably owes you about $32,400 in arrears right now. When arrears are owed interstate in an amount greater than $10,000, that is a federal felony offense for which the father can be extradited to KY and imprisoned. This is usually a waste of time, because it destroys the father's earning capacity, however, the threat of a felony prosecution may get you paid, if the father values his freedom. This doesn't mean I'm suggesting that you threaten the father with criminal prosecution if he doesn't start sending you money (extortion). It means that you can tell the father you understand the very serious consequences of the law and that you would like to arrange a stipulated settlement order that deals with the financial obligation in an amicable manner -- but that you're not gonna let him off the hook, because the child is entitled to the support.

There's a subtle distinction in the language above. One wording will get you your money -- the other will get you arrested for extortion -- if you catch my drift.

>
>3. Would I file in KY or CA?

KY. You want to make sure that they reopen the original case. That will give you much greater leverage, because the support award will be retroactive to the date of the original filing.
>
>4. Does being the first-born count for anything?

Not really. You child is entitled to an equal share of the father's earning capacity, along with the other children.

>5. Is there any way I can get him to go back to paying the CS
>at the beginning of the month?

Well, you can call the local public prosecutor and file a complaint for felony failure to pay child support -- that would probably do it, don't cha think?

Seriously, though, just let the gov. handle it -- they will get the money paid timely, assuming the father doesn't have a complete mental breakdown and is unable to work (very likely, considering your scenario).

>6. Do you have any suggestions for handling this situation?

Yes, when you start receiving some of that $32K, send it to me!

LOL! kidding...