Letter to establish & enforce support

[Mom0f3]

Okay I have posted on this board about our situatuion with my SS.  Today in the mail my DH received a letter from FSD requesting establishment & enforcement service for the SS.  There has been an order on support in the courts here in Missouri since 2002 and is paid directly to the childs BM.  There is a form to fill out for financial and information purposes for them to establish a support order on the SS. 

My husband has paid all owed child support since being ordered to do so.  Today he made the payment for August, but had held onto it and July's because we have physically had my SS over 90% of the time since June 12th.  We decided to give it to her since we figure the court would make him pay it even though she hasn't had the child.  They are getting ready to head to mediation because my husband is wanting to have the custody changed.

This letter also states the following:

If you already pay support, please continue to do so until a support order is established.  If you are paying support according to a support order, then we may not know about the order; please notify the office immediately.

Should the form still be filled out for them even though there is a support order that he has followed since 2002.  Monday after the mediation and our youngest goes to school we are going to the court house to show proof that there is an order and he has paid his child support.  I also have a copy of July's check she cashed for Child Support that states in the memo that child support has been paid in full.  She did cash this check and it has her signature on the back.

To me the letter sounds as though when she went to FSD she made it sound as though she hasn't received any support form my DH and there is no order in place.  The support was being held onto, and not even a full month late when she filed this claim with them.  Is there a way that being we have had the child and still have him that my DH can file to have the support stopped?

[MixedBag]

first don't hold on to any support just because you had the child like you said.

An order is an order -- and if there's an abatement that's approved like that it has to be in the order.

In mathemagicland, all that is figured into the calculations to determine the level of child support that one parent owes another.  Heck many states (WV, AL, OH, NV, GA), don't use days with the child directly into the formula.

I'd answer the letter -- attach a copy of the order and state that dad is paid in full and current. 

[Mom0f3]

first don't hold on to any support just because you had the child like you said.

An order is an order -- and if there's an abatement that's approved like that it has to be in the order.

In mathemagicland, all that is figured into the calculations to determine the level of child support that one parent owes another.  Heck many states (WV, AL, OH, NV, GA), don't use days with the child directly into the formula.

I'd answer the letter -- attach a copy of the order and state that dad is paid in full and current. 

An abatement?  The form that came with the letter has been filled out and I just have to put a few more pieces of evidence together for the DH and I to take it where it needs to go tomorrow. 

This form asks for number of days at each parent, and we had him 65% of the time in the last year. 

[MixedBag]

An abatement is first defined in the order.

It is when child support stops temporarily because certain conditions have been met (like the child is with one parent for 30 straight days).

IMHO -- they are rare, not the norm and particularly if DAYS with each parent is figured into the child support calculations and formulas.

[MomofTwo]

MB is right...unless the order states not to pay when child is with you for xxx, then you still pay child support for those months.  Child support is calculated and then divided over 12 months...It is rare anymore for a court to order no support while the children are with you.  If they did that, the remaining time would need to be upward adjusted to have the total support paid over the year.

Was that 65% of overnights because that is what the courts would look at. 

[Mom0f3]

MB is right...unless the order states not to pay when child is with you for xxx, then you still pay child support for those months.  Child support is calculated and then divided over 12 months...It is rare anymore for a court to order no support while the children are with you.  If they did that, the remaining time would need to be upward adjusted to have the total support paid over the year.

Was that 65% of overnights because that is what the courts would look at. 

No abatement or any wording to that means in the court order.  My husband just held onto the money and when I started coming to this forum and doing research we decided he should just pay her the money even though we have had the child in our custody.  All CS, however is current and her next payment due will be for September 09, we pay her directly so the FSD has no clue of the order for support.  We have receipts that she signs when she gets payment.

She currently is not working and uses her other kids as the reasoning for not working.  Yet like many other families who avoid child care her and her husband could work one days and the other nights.  To me this is just a way for her to rack up extra support on my SS and one of her other kids, but that is IMO.  So my DH who supports him more and has him the biggest part of the time has to fork out money to her because she sits at home.

Yes the 65% was overnights in our custody.  Yet the order states 50/50 every other week, however she gives him to us more.  There are 6 other children in her household, 4 are hers and 2 her step kids.  She recently asked my SS why he doesn't want to be with her and he told her because she also has no time for him, her response to our 10 YO was "that's what you get when you have brothers and sisters."

The % was come up with because we had to figure the number of overnights at each household.  As explained to the FSD the numbers were come up by using his school agenda from last school year and our current notes since March.  The school agenda had to be signed nightly by his parents.  We have all the proof needed to give to FSD as the BM has none, unless she lies.