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Back Child Support-Help Needed

Started by swilloug, Oct 05, 2004, 09:11:15 AM

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swilloug

My husband has a son that he pays CS for.  About 10 years ago he fell behind in child support because he lost his job.  Since then the court ordered him to pay an additional amount on top of his "current CS."  Which is great but in the last year or so we realized that none of the back child support amount was being posted to back child support.  The entire check is going to current child support.

I need to know how to get this corrected.  We contacted the state at one time and asked for documentation of all payments since the payments go through the Missouri Child Support Enforcement office, and they did send a print out but it doesn't really help much since they don't apply it correctly.  We sent a letter to them explaining the error and nothing changed.

We have put this on the back burning for some time now but we would like to get the back support taken care of but don't want to pay more than we have to.  

I have no problem paying CS as long as the child receives the things needed! (NOT WANTED/NEEDED, food, shelter, etc.)  My problem paying CS to BM is that my SS never has good clothes unless we buy them and or if she wants to "out do" us.  We help with school supplies, shoes, do most hair cuts, and anything we know of and can do in between.  

Any suggestions on what I can do to get this resolved is appriciated.

THANKS

jilly

My DH has arrears on both of his child support orders due to modifications.  Since any modification is retroactive to the date of filing for motion to modify you always end up being in arrears even though they designate that X amount of money is for child support with Y amount to go towards arrears.  The reality of the situation, as you are finding out, is that ALL the money that comes in to CSE is applied towards the current amount owed.  If there's anything left over, that amount gets applied to arrears.  Also, as you are finding out, there is NEVER any left over and all monies are applied to current amount owed. The only way to get rid of the arrears is to find some way to pay the current amount owed and add as much to that amount as you can so the overage goes towards the arrears.
I'm in North Carolina so it may be different for your State. I would call CSE and ask them how they allocate the money. Or, in the alternative, read what your State's Child Support Guidelines say about payment of current CS owed and arrears.