14 year long struggle for child support

[Teacherstudent]

Hello,
I was divorced for over 14 years ago and have raised our daughter on my own. They have a relationship, but he has always avoided child support. I went into debt paying for things like medical and dental care when I could not afford to pay out of pocket for these needs for our daughter. The only time I got consistent payments was one year when he taught high school. He then moved to another state. It took a year to get everything transferred. I got five payments, then he moved again to another state. This time it has been two years or more and this particular state must not be well staffed, it is taking them forever. I have done all the things I can do and now they just keep telling me to wait. He owes over 75 thousand in support. My daughter is in college and she really needs help to pay for that, I can't do it on my own. She cannot get Financial aid because I evidently make too much money as a teacher who can barely afford health insurance.

Any advice on how I can speed up the process?

Has anyone ever hired an agency? (they charge 30%)

 

[Zigner]

I'm sorry, but this site is for US Law Only.

About those agencies...they don't do anything that you can't do yourself and if you assign the past-due support to them, it becomes a debt that can be discharged in bankruptcy.

 

[Teacherstudent]

I'm sorry, but this site is for US Law Only.

About those agencies...they don't do anything that you can't do yourself and if you assign the past-due support to them, it becomes a debt that can be discharged in bankruptcy.

I live in the U.S. Since we were in Texas originally and he now lives in Tennessee, it is taking forever for them to process this and have his wages garnished. I can only talk to Texas, which then talks to Tennessee. They just tell me that they'll request and update and to call back in 15 days. Truly frustrating.
Wow! Thank you for telling me about those agencies! Do you mean that if I hired a lawyer, then the debt owed to them can be discharged, or do you mean that all of the child support can be discharged in bankruptcy? That is terrible, I am so glad I did not do that. Am I misunderstanding that?

I wish I knew of some things I could do other than simply calling the state all the time for updates...

 

[Zigner]

I live in the U.S. Since we were in Texas originally and he now lives in Tennessee, it is taking forever for them to process this and have his wages garnished. I can only talk to Texas, which then talks to Tennessee. They just tell me that they'll request and update and to call back in 15 days. Truly frustrating.
Wow! Thank you for telling me about those agencies! Do you mean that if I hired a lawyer, then the debt owed to them can be discharged, or do you mean that all of the child support can be discharged in bankruptcy? That is terrible, I am so glad I did not do that. Am I misunderstanding that?

I wish I knew of some things I could do other than simply calling the state all the time for updates...

You asked about an "agency." Not an attorney. If you hire an attorney to help represent you in your collection efforts, that won't change the nature of the debt.

 

[mistoffolees]

Hello,
I was divorced for over 14 years ago and have raised our daughter on my own. They have a relationship, but he has always avoided child support. I went into debt paying for things like medical and dental care when I could not afford to pay out of pocket for these needs for our daughter. The only time I got consistent payments was one year when he taught high school. He then moved to another state. It took a year to get everything transferred. I got five payments, then he moved again to another state. This time it has been two years or more and this particular state must not be well staffed, it is taking them forever. I have done all the things I can do and now they just keep telling me to wait. He owes over 75 thousand in support. My daughter is in college and she really needs help to pay for that, I can't do it on my own. She cannot get Financial aid because I evidently make too much money as a teacher who can barely afford health insurance.

Any advice on how I can speed up the process?

Has anyone ever hired an agency? (they charge 30%)

I agree with Zigner. Stay away from collection agencies unless there's no other alternative. It is not uncommon for someone to turn it over to a collection agency and then have the debtor declare bankruptcy - wiping out the entire debt. If it remains as child support (rather than being turned over to a collection agency), it can not be wiped out by bankruptcy.

I would talk with an attorney. It is possible that you could find an attorney to take the case on contingency - that is, it wouldn't cost you anything (except filing fees and other out-of-pocket expenses) unless they collect. They'll typically take the same 30-40%, but it can't be wiped out by bankruptcy.


I'm concerned about one thing, though. You say that you're a teacher, but you make too much for financial aid for college? That doesn't add up. A number of top schools guarantee that financial need will be met by a combination of grants, scholarships, work study and loans. With you living on a teacher's salary, the child should be able to get through college.

 

[Silverplum]

I'm concerned about one thing, though. You say that you're a teacher, but you make too much for financial aid for college? That doesn't add up. A number of top schools guarantee that financial need will be met by a combination of grants, scholarships, work study and loans. With you living on a teacher's salary, the child should be able to get through college.

Just FYI -- not all teachers are Dreadfully Underpaid*, any more. It's not the bottom-of-the-financial-barrel career it used to be.



*unless we're comparing teacher salaries to, say, NBA salaries.

 

[Teacherstudent]

I agree with Zigner. Stay away from collection agencies unless there's no other alternative. It is not uncommon for someone to turn it over to a collection agency and then have the debtor declare bankruptcy - wiping out the entire debt. If it remains as child support (rather than being turned over to a collection agency), it can not be wiped out by bankruptcy.

I would talk with an attorney. It is possible that you could find an attorney to take the case on contingency - that is, it wouldn't cost you anything (except filing fees and other out-of-pocket expenses) unless they collect. They'll typically take the same 30-40%, but it can't be wiped out by bankruptcy.


I'm concerned about one thing, though. You say that you're a teacher, but you make too much for financial aid for college? That doesn't add up. A number of top schools guarantee that financial need will be met by a combination of grants, scholarships, work study and loans. With you living on a teacher's salary, the child should be able to get through college.

Thanks to both of you for the advice about agencies and attorneys. It is very helpful.

I of course did not join the site to argue, everyone is different in terms of money making as a teacher. My salary is not bad, but I have a whole lot of bills, health insurance is over 500 a month, I pay everything on my own, and I am not a bog spender, so while 50 k a year sounds really good, I cannot afford to pay for her college on my own. She owes more than she can get in student loans, but she is great and works part time to cover most of it. Regardless of how much I make, her father still needs to put in his share to help her. My salary doesn't change the fact that he owes it, it's the law and the ethical thing to do.
Thanks again for the info.

 

[mistoffolees]

Just FYI -- not all teachers are Dreadfully Underpaid*, any more. It's not the bottom-of-the-financial-barrel career it used to be.

While that's true, it's unlikely that a teacher is making enough to make financial aid impossible.

 

[Teacherstudent]

While that's true, it's unlikely that a teacher is making enough to make financial aid impossible.

I agree, teachers are professionals and they do make close to a living, especially as a couple. But alone, after all the bills come in, it's not pretty. If one is living pay check to check, it not possible to pay thousands a semester when one doesn't have any savings. UNLESS, the other parent lends a hand.

 

[MommaBearX3]

I'd check on that financial aid thing again. In Texas, unless she is going to a private college she should be fully covered unless you make WAY more than the average teacher. I make 54K/year and my oldest (and only child who I can claim as a dependent for tax and FAFSA purposes) child has an EFC of 500... meaning I am only expected to come up with 500/year for his education. With loans and grants, my actual out of pocket is 0.