Back Child Support

[concerned_stepmom]

My husband, when he was 16 fathered a child with an 18 year old. At that time they lived in NW USA. Before the child was born he moved back to NE USA. They served him with papers for child support when he was 16 or 17 (a minor). He was unable to hire an attorney & be at the hearing that was held. They awarded the BM $242 a month in CS. My husband did not have the means or ability to provide for the child. He had no contact with the child until recently.  The child is now 13 years old. The BM located my husband and since then she called the NW state and had the case re-opened and they sent him a bill for over $34,000 in back child support.  Is there anything we can do to contest this back support?

[ocean]

Bad news....probably not... You could make payment arrangements so they do not go after his license and tax returns. Start making payments and go back to court to get a fixed amount to start paying...$100 extra/month or whatever you can afford. The mother has been raising him and he was court ordered to pay....

[mistoffolees]

There are all sorts of things you can do to contest it, but none of them are likely to result in any change. The only thing that would be likely to have any impact would be asking for a paternity test.

Your best bet is for him to get a job and start paying support for his child. Basically, he's neglected supporting his child for 13 years and the bill is now due.

[krazyfamily_6]

Sorry to say but probably not.  If your husband is this child's father, he has an obligation to help support the child.  It really doesn't matter if he has chosen to have no contact or not.  

[concerned_stepmom]

The cs case was closed in 2001. She just decided to reopen the case. If she agrees to waive the back child support will the courts recognize that?

My husband does have a good job. Actually he has 2 jobs now. The amount they was garnishing was over half of his pay. Plus he has another child that he is paying child support for. Right now between the 2 kids they are garnishing over $700 a month. He makes $14/hr. We also have a 15 mo. old son to take care of. So my husband has 3 kids and between the 2 with child suport he can't even afford to live without my income. Thank god I am the breadwinner or we would be on welfare!

[mistoffolees]

>The cs case was closed in 2001. She just decided to reopen
>the case. If she agrees to waive the back child support will
>the courts recognize that?
>

They will CONSIDER it, but the court's interest is in making sure the kids are supported. How would the kids benefit if she waives support?

More importantly, why would she do that? The fact that she's reopening the case at all says that she wants the money.

If there's some reason why she wants only future money but wants to waive the back child support, the easiest thing is for her to collect the child support and then reimburse your husband as a gift. Even though the net effect is the same as if your husband never paid at all, there's a world of difference legally. The down side is that he has to come up with the money to pay her and then she can reimburse him.

[concerned_stepmom]

Well coming up with that much money is not an option. We are barely making it paycheck to paycheck. Her reason for even contacting my husband was for the son to know his father. She told us she was not looking for any $$ but since they was already garnishing for child support owed prior to 2001 she thought she should get it. By doing that they re-opened the case and back dated and charged him for it.

What is the most legal amount of child support that can be garnished from an individual?  They are going by washington state rules, the child now lives in indiana and we are in Oklahoma. UGH!

[mistoffolees]

You wouldn't need to come up with the full amount all at once. You would be asked to pay a certain amount every month in arrears until the arrears are paid. Ex could easily return that money if they wish (but, as I said, I doubt that they would really do this).

You can probably find the answer to your question elsewhere on this site - try searching for it since it has been answered several times. I don't remember, but it's something like 25% of income for one child and 40-50% for two or more (but I could be way off, so do a search and you'll probably find it. There are also a lot of good articles on the main page).

[greatdad2]

The first thing to do is consult with a lawyer and get paternity established. Is your husband sure the child is even his! If not get a DNA test. Then go from there. If the child is his he would more than likely be obligated to pay the back child support.

[williaer]

I guess I don't understand how they can order a minor to pay that much child support when they can't actually order that minor to hold a job- since he would have still been the responsibility of his parents- or the state....none-the less...they did and from the moment he turned 18 onward- he should have been working to pay that money, he knew that he owed it. I don't undestand why he feel he should be excused from it now...the child still exists.