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Child Support times two............

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EternalHiatus

Guest
My best friend whose children I godfather, is facing either 90 days probation or 90 days in county prison. This is for around $1200 in back support. The babies mother is his fiancee and they share an apartment. He has two kids by her with one on the way, and he takes care of a 3yr old child whos not even his(father is in jail for felonious activites). My question is why is the state trying to collect on a job where he earned $9+ per hour when he only makes $7.25, while he is the only one who works due to her pregnancy complications. He feeds her, his children, someone elses child, pays for the apartment, the phone, the electric bill, and all other out of pocket expenses. I really do not appreciate the way this was handled or the threatening demeanor in which this information was presented to him. I think they tried to intimidate him into not looking into his options. He obviously is spread to thin to seek out legal counsel so I am trying hard as hell to do something for him as soon as I can. It doesnt help that all the websites from the state of Indiana pertaining to child support law do not work. I will obviously forward any advice or thoughts given by this website to him immediatly. Thank you
 


Ambr

Senior Member
the mother who is suppose to receive the support is living with him??????

there has to be more to this story.

the money the state says that he owes - is it owed to the mother or the state? is she on AFDC for the kids? if a parent is on AFDC, then the support goes to the state for repayment of assistance received by the state. they tend to go after their money harder than if it was due the CP.

if it is owed to the mother - she should be able to request they stop the prosecution. she would have to release the obligation - if the DA will allow it. he could show the judge that they have been living with him and he has been providing for them - therefore he shouldn't have to pay the support. hope he has receipts.

he should have been allowed to prove proof of his income when the support order was originally established. did he do that? if he didn't provide documentation that he made 7 something an hour, then he can't complain much. he should have been there - been involved in the original order.

he could go back to CSE and let them know that he doesn't make that kind of money and request it to be lowered. he can provide proof of his income and it could possibly be lowered.

me??? i would let them know that she is living with me and that i support her and i would request that the support order be stopped completely.

i can't see the courts putting him in jail. he is the only support for all of the children and their mother.
 
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LadyBlu

Guest
It is kind of obvious what has happened here. The mother of the children has filed for state assistance, and in doing so has given the state the green light to pursue support for her on behalf of the children. The mother at this point does not have the option of asking the CSEA to back off of the father. She will need to terminate the state aid, and even then, the state will still go after the father for reimbursement of any and all money they have provided to the mother during the period of time she was receiving aid. So, the first thing that needs to be done is the father and the mother of the children need to meet with the CSEA and explain to them that she is living with him and getting financial assistance from him. Even then someone will probably be held liable for repaying the state for the assistance they have been providing.
 

Ambr

Senior Member
if they reported everything to DFS then they should be aware that they were living together. if they didn't there could be hefty fines and reimbursement.

i know all states are different, but i remember a clause about falsifying information and the fines and penalties it included.
 
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chili642

Guest
I agree with Amber 100%. She is rec public assistance and not reporting him in the home. If he is in the home and working there is no deprivation for thier mutual children. She is comitting welfare fraud right under his nose.
 

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