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Can I sue for back child support?

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momx5

Junior Member
West Virginia Law: Codes

Link to your cold facts:

http://www.legis.state.wv.us/WVCODE/48/masterfrm2Frm.htm


I do wonder if you have ever been in this situation as an obligor/obligee to relate to the panic and stress of not knowing where to turn or having others, such as yourself, nay say anyone who is in this situation to prevent any advice from being transferred.

It is not enough to get facts but a virtual hug to say you understand and know it will eventually work out helps. Try being human sometime and you may just like it.


To BeliezeBreeze:

First I did not know what I was talking about in regards to WV CS guidelines and now Im a legal moron. Boy, you people really should make up your minds. :rolleyes:





~~~~~~I'M NOT A LAWYER. JUST A PRO SE DEFENDANT~~~~~~~~~
 


BelizeBreeze

Senior Member
so you have proven you can cut and paste.

I'm still waiting on how you can justify saying "the father terminates the weekly support"...:rolleyes:
 

moburkes

Senior Member
Link to your cold facts:

http://www.legis.state.wv.us/WVCODE/48/masterfrm2Frm.htm


I do wonder if you have ever been in this situation as an obligor/obligee to relate to the panic and stress of not knowing where to turn or having others, such as yourself, nay say anyone who is in this situation to prevent any advice from being transferred.

It is not enough to get facts but a virtual hug to say you understand and know it will eventually work out helps. Try being human sometime and you may just like it.


To BeliezeBreeze:

First I did not know what I was talking about in regards to WV CS guidelines and now Im a legal moron. Boy, you people really should make up your minds. :rolleyes:





~~~~~~I'M NOT A LAWYER. JUST A PRO SE DEFENDANT~~~~~~~~~
My mind is already made up. You didn't post 1 single thing that was relevant to the Ops question.
 

GrowUp!

Senior Member
What is the name of your state? West Virginia


I was wondering if i can sue for the $14,000. back child support owed, even though he is paying sometimes weekly or bi weekly 101.17 of the 416.60 owed each month. They say the child support have attached his taxes, but nothing ever gets paid. One child will be 18 in 8 months. What will happen to all the back child support owed to that child after they turn 18.
In addition to the legal advice that BB and Nextwife gave, I would add, in regards to taxes, that not everybody gets a refund. That's what a tax intercept is for.

Unless you're willing to pay what he owes, if that would be the case. LOL

Your chance to petition the court for back support was when the support order was established (unless VA has language in their statutes putting further restrictions, etc. on back support, like filing before a child's certain birthday). Since it appears there is already an order for support, your opp. to file for back support has long passed.
 

wondreing

Member
In addition to the legal advice that BB and Nextwife gave, I would add, in regards to taxes, that not everybody gets a refund. That's what a tax intercept is for.

Unless you're willing to pay what he owes, if that would be the case. LOL

Your chance to petition the court for back support was when the support order was established (unless VA has language in their statutes putting further restrictions, etc. on back support, like filing before a child's certain birthday). Since it appears there is already an order for support, your opp. to file for back support has long passed.
The OP is from WV, and the back support is actually arrears her ex has amassed since the order was put in place, so she is able to collect on it.
 

nextwife

Senior Member
The OP is from WV, and the back support is actually arrears her ex has amassed since the order was put in place, so she is able to collect on it.
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Correction: She is LEGALLY allowed to attempt to collect it. Collecting it depends upon what form of income he has, whether he has income, and whether he has any assets that can be seized, liened or attached in some way.


I'm in real estate. I see situations all the time in which a lien or judgement, second mortgage is wiped out in a foreclosure and NOBODY gets paid on their liens. Because the equity simply isn't there. Being able to act to collect on a debt, and being able to actually collect are two different matters.
 

wondreing

Member
]
Correction: She is LEGALLY allowed to attempt to collect it. Collecting it depends upon what form of income he has, whether he has income, and whether he has any assets that can be seized, liened or attached in some way.


I'm in real estate. I see situations all the time in which a lien or judgement, second mortgage is wiped out in a foreclosure and NOBODY gets paid on their liens. Because the equity simply isn't there. Being able to act to collect on a debt, and being able to actually collect are two different matters.
Sorry, I didn't mean to imply that she would get the money although she is entitled to it. There are only two guarantees in life they say, and receiving child support isn't one of them.
 

GrowUp!

Senior Member
The OP is from WV, and the back support is actually arrears her ex has amassed since the order was put in place, so she is able to collect on it.
So, what's your point? There is already a court/adminstrative order in place addressing the arrearage (or as the OP called it "back support".) :rolleyes:
 

moburkes

Senior Member
So, what's your point? There is already a court/adminstrative order in place addressing the arrearage (or as the OP called it "back support".) :rolleyes:
Her point was simply that you made a reference to the wrong state in your post, and that your response assumed that they OP had NOT already had a court order for the support in place, which she does. That's all.
 

GrowUp!

Senior Member
Her point was simply that you made a reference to the wrong state in your post, and that your response assumed that they OP had NOT already had a court order for the support in place, which she does. That's all.
You're right. Upon review of my response, I didnt complete it, which left the assumption that there was not a support order in place. :( :eek:
 

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