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  1. #1
    lexneedstoknow is offline Junior Member
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    Can custodial parent drop support case then reopen later?

    What is the name of your state? LA

    My brother in law was ordered to pay child support for his daughter. At the time, Georgia garnished his income taxes to go toward the arrears. However, the custodial parent went to child support enforcement and had them drop her case. At that point, they refunded the money they had taken from him. The mother dropped the case because they made an agreement on what he would pay her and his has paid that much, sometimes more, every since.

    Now she is upset because she wants more money and is threatening to go back to child support and force him to pay the back payments from when she dropped the case. Can she do that? He has cancelled checks from all his payments to her. He has not been hiding or trying to get out of his responsibility at all.

    Their relationship has been really good up until this point. She has a tax preparation service and he allowed her to prepare his taxes and recommended her to others in the family. She even prepared our taxes! She just became upset recently because she wants more money (like $300/month more) and he can't really afford to pay it.

    It just doesn't seem fair that they will tell him he's no longer obligated and to just keep doing what he is doing as far as sending the checks and then come back a year later and have him owe back payments. I know she can have him start to pay from today forward if she chooses, but the back payments just don't seem right.

    Thanks!
  2. #2
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by lexneedstoknow View Post
    What is the name of your state? LA

    My brother in law was ordered to pay child support for his daughter. At the time, Georgia garnished his income taxes to go toward the arrears. However, the custodial parent went to child support enforcement and had them drop her case. At that point, they refunded the money they had taken from him. The mother dropped the case because they made an agreement on what he would pay her and his has paid that much, sometimes more, every since.

    Now she is upset because she wants more money and is threatening to go back to child support and force him to pay the back payments from when she dropped the case. Can she do that? He has cancelled checks from all his payments to her. He has not been hiding or trying to get out of his responsibility at all.

    Their relationship has been really good up until this point. She has a tax preparation service and he allowed her to prepare his taxes and recommended her to others in the family. She even prepared our taxes! She just became upset recently because she wants more money (like $300/month more) and he can't really afford to pay it.

    It just doesn't seem fair that they will tell him he's no longer obligated and to just keep doing what he is doing as far as sending the checks and then come back a year later and have him owe back payments. I know she can have him start to pay from today forward if she chooses, but the back payments just don't seem right.

    Thanks!
    Yes, she can reopen the case. However, it's doubtful that she's be able to collect any retro since she voluntarily dropped the case before. Also, your BIL has proof of all payments, so he should make sure to take those into court and ask that he be credited for those amounts if retro support is ordered.
  3. #3
    fairisfair is offline Senior Member
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    Quote Originally Posted by lexneedstoknow View Post
    What is the name of your state? LA

    My brother in law was ordered to pay child support for his daughter. At the time, Georgia garnished his income taxes to go toward the arrears. However, the custodial parent went to child support enforcement and had them drop her case. At that point, they refunded the money they had taken from him. The mother dropped the case because they made an agreement on what he would pay her and his has paid that much, sometimes more, every since.

    Now she is upset because she wants more money and is threatening to go back to child support and force him to pay the back payments from when she dropped the case. Can she do that? He has cancelled checks from all his payments to her. He has not been hiding or trying to get out of his responsibility at all.

    Their relationship has been really good up until this point. She has a tax preparation service and he allowed her to prepare his taxes and recommended her to others in the family. She even prepared our taxes! She just became upset recently because she wants more money (like $300/month more) and he can't really afford to pay it.

    It just doesn't seem fair that they will tell him he's no longer obligated and to just keep doing what he is doing as far as sending the checks and then come back a year later and have him owe back payments. I know she can have him start to pay from today forward if she chooses, but the back payments just don't seem right.

    Thanks!
    That story doesn't make any sense. If Georgia intercepted his tax refund, then there was an active case and child support was already set. There is no dropping his case on her say so at that point, it would be a COURT ORDER.
  4. #4
    LdiJ is online now Senior Member
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    Quote Originally Posted by fairisfair View Post
    That story doesn't make any sense. If Georgia intercepted his tax refund, then there was an active case and child support was already set. There is no dropping his case on her say so at that point, it would be a COURT ORDER.
    I think OP meant that mom dropped enforcement via the CSE. That doesn't invalidate the court order, it just means that dad is supposed to pay her directly, which he has, and can prove it.

    However, dad also needs to google a child support calculator for his state. Because if he is making more money now, than when the order was set, its quite possible that if mom goes back to the CSE and files for a modification, that he WILL have to pay an increased child support amount.
  5. #5
    CJane is offline Senior Member
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    Quote Originally Posted by LdiJ View Post
    I think OP meant that mom dropped enforcement via the CSE. That doesn't invalidate the court order, it just means that dad is supposed to pay her directly, which he has, and can prove it.

    However, dad also needs to google a child support calculator for his state. Because if he is making more money now, than when the order was set, its quite possible that if mom goes back to the CSE and files for a modification, that he WILL have to pay an increased child support amount.
    AND... if Mom is doing his taxes, she KNOWS how much he makes. She's probably run the numbers and KNOWS that CS will go up by close to whatever she's asking for.

    Whether or not dad thinks he can afford the increase isn't going to matter to CSE.

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