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  1. #1
    sdzll10 is offline Junior Member
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    Can I sue for back child support?

    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.
  2. #2
    moburkes is offline Senior Member
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    Quote Originally Posted by sdzll10 View Post
    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.
    Have you filed for contempt of court?
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    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  3. #3
    momx5 is offline Junior Member
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    Post Hmmmm.

    Not sure if West Virginia is the same as NJ or PA but if you are owed Child Support even if the father terminates the weekly support he still has to pay the arrears owed. He has to report to child support any changes in income in writing in order to get it adjusted to lower payments. You can file a motion to enforce child support and that will be faster than a lawsuit because then the Child Support office goes into full gear and goes after him.

    Child support in NJ and PA will put a warrant for arrest if you do that, pay one week and skip the other. You keep that up long enough and you will be back in court paying a $2000 fine or in jail. They keep notes on accounts that habitually do that. Same thing happens in PA.

    If he has another kid who gets a child support order and still owes you $14000. In PA they will take money from the second kid in order to pay down your arrears owed, so you get paid twice.
  4. #4
    moburkes is offline Senior Member
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    Quote Originally Posted by momx5 View Post
    Not sure if West Virginia is the same as NJ or PA but if you are owed Child Support even if the father terminates the weekly support he still has to pay the arrears owed. He has to report to child support any changes in income in writing in order to get it adjusted to lower payments. You can file a motion to enforce child support and that will be faster than a lawsuit because then the Child Support office goes into full gear and goes after him.

    Child support in NJ and PA will put a warrant for arrest if you do that, pay one week and skip the other. You keep that up long enough and you will be back in court paying a $2000 fine or in jail. They keep notes on accounts that habitually do that. Same thing happens in PA.

    If he has another kid who gets a child support order and still owes you $14000. In PA they will take money from the second kid in order to pay down your arrears owed, so you get paid twice.
    How does a father terminate weekly support payments? How will he get arrearges lowered? What makes The child support agencies go into "full gear"? How do you get paid twice, again?
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    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  5. #5
    nextwife is offline Senior Member
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    Quote Originally Posted by momx5 View Post
    If he has another kid who gets a child support order and still owes you $14000. In PA they will take money from the second kid in order to pay down your arrears owed, so you get paid twice.
    No, a minor child will always have priority. THey will NOT reduce support for a CHILD currently recieving support to apply to an arrearage.

    The NCP will continue to pay toward the arrearage after emancipation age, however, the payments will now be applied toward the arrearage, rather than current support for that child.

    Does the NCP have ASSETS from which he can access $14,000? If not, then he will need to pay it off in installments.
    Last edited by nextwife; 01-27-2007 at 12:16 PM.
  6. #6
    momx5 is offline Junior Member
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    Maybe you should tell that to PA CS. The old case gets paid twice.
  7. #7
    moburkes is offline Senior Member
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    Quote Originally Posted by momx5 View Post
    Maybe you should tell that to PA CS. The old case gets paid twice.
    What does PA child support have to do with WV child support? Unless you are helping the person by providing information about WV child support, then you are not helping at all.
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    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  8. #8
    momx5 is offline Junior Member
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    Cool

    You're kidding, right? If you read the thread carefully you would see I was answering a direct question by nextwife. I also mentioned in the beginning that I was in a different state. Even so...Federal guidelines are federal guidelines. How the individual state enforces child support is another thread altogether. Mine just has screwed up accounting and takes half of the minor childs support to give to the of age child's arrears and we have a hearing to fight that in Feb.

    As for the original poster...all I said was that you WILL get paid those arrears even if the child gets emancipated.




    ~~~~~~~~~IM NOT A LAWYER. JUST A PRO SE DEFENDANT.~~~~~~~~~~~
  9. #9
    moburkes is offline Senior Member
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    Quote Originally Posted by momx5 View Post
    You're kidding, right? If you read the thread carefully you would see I was answering a direct question by nextwife. I also mentioned in the beginning that I was in a different state. Even so...Federal guidelines are federal guidelines. How the individual state enforces child support is another thread altogether. Mine just has screwed up accounting and takes half of the minor childs support to give to the of age child's arrears and we have a hearing to fight that in Feb.

    As for the original poster...all I said was that you WILL get paid those arrears even if the child gets emancipated.




    ~~~~~~~~~IM NOT A LAWYER. JUST A PRO SE DEFENDANT.~~~~~~~~~~~
    No, I wasn't kidding. I wasn't referring to your comments to nextwife. You were attempting (poorly) to tell OP how it works in your state, which is not relevant. And, what fedral child support guidelines are you referring to?
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  10. #10
    momx5 is offline Junior Member
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    Post Federal Guidelines

    From the US Department of Health & Human Services: Administration for Children & Families

    Exerpt:

    When past-due child support is owed, the following may occur:

    Unpaid child support can be reported automatically to credit reporting bureaus.
    Drivers, professional, occupational and recreational licenses can be suspended if the obligated parent is not paying required support.
    The U.S. State Department will deny a passport to someone who owes more than $2500 in back child support.
    Child support agencies have agreements with financial institutions to freeze and seize accounts of those identified as owing back child support.
    In certain states and under certain circumstances, criminal actions can be taken against chronic delinquent parents who owe large sums of child support.


    [url]http://www.acf.hhs.gov/opa/fact_sheets/cse_factsheet.html[/url]
  11. #11
    moburkes is offline Senior Member
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    Quote Originally Posted by momx5 View Post
    From the US Department of Health & Human Services: Administration for Children & Families

    Exerpt:

    When past-due child support is owed, the following may occur:

    Unpaid child support can be reported automatically to credit reporting bureaus.
    Drivers, professional, occupational and recreational licenses can be suspended if the obligated parent is not paying required support.
    The U.S. State Department will deny a passport to someone who owes more than $2500 in back child support.
    Child support agencies have agreements with financial institutions to freeze and seize accounts of those identified as owing back child support.
    In certain states and under certain circumstances, criminal actions can be taken against chronic delinquent parents who owe large sums of child support.


    [url]http://www.acf.hhs.gov/opa/fact_sheets/cse_factsheet.html[/url]
    And, again, what does any of this have to do with the poster's question?
    My new signature:
    Originally Posted by arazi
    I'll take you on one-to-one in a volcabulary test anywhere, anyplace, anytime.
  12. #12
    momx5 is offline Junior Member
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    Post West Virginia Law: Child Support (Page 1)

    48-1-245. Support order defined.
    (a) For cases being enforced pursuant to Title IV-D of the Social Security Act, "support order" means a judgment, decree or order, whether temporary, final, or subject to modification, issued by a court or an administrative agency of competent jurisdiction, for the support and maintenance of a child, including a child who has attained the age of majority under the law of the issuing state, or a child and the parent with whom the child is living, which provides for monetary support, health care, arrearage or reimbursements, and which may include related costs and fees, interest and penalties, income withholding, attorneys' fees and other relief.
    (b) For all other cases, "support order" means an order as defined in subsection (a) of this section and, in addition, an order for the support and maintenance of a spouse or former spouse.


    48-5-704. Revision of order establishing child support.
    (a) After entering an order establishing child support in accordance with the provisions of section 5-603, the court may from time to time afterward, upon the motion of either of the parties or other proper person having actual or legal custody of the minor child or children of the parties, revise or alter the order concerning the support of the children, and make a new order concerning the same, issuing it forthwith, as the circumstances of the parents or other proper person or persons and the benefit of the children may require.
    (b) All orders modifying an award of child support must conform to the provisions regarding child support guidelines that are set forth in article 13 of this chapter.
    (c) An order providing for child support payments may be revised or altered for the reason, inter alia, that the existing order provides for child support payments in an amount that is less than eighty-five percent or more than one hundred fifteen percent of the amount that would be required to be paid under the provisions of the child support guidelines that are set forth in article 13 of this chapter.


    48-1-204. Arrearages or past due support defined.
    "Arrearages" or "past due support" means the total of any matured, unpaid installments of child support required to be paid by an order entered or modified by a court of competent jurisdiction, or by the order of a magistrate court of this state, and shall stand, by operation of law, as a decretal judgment against the obligor owing such support. The amount of unpaid support shall bear interest from the date it accrued, at a rate of ten dollars upon one hundred dollars per annum, and proportionately for a greater or lesser sum, or for a longer or shorter time. Except as provided in rule 23 of rules of practice and procedure for family law and as provided in section 1-302, a child support order may not be retroactively modified so as to cancel or alter accrued installments of support.
  13. #13
    BelizeBreeze is offline Senior Member
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    Momx, I suggest you provide the administrator of this site with your legal credentials or keep your hands in your pockets. You are a (kudos to JetX) LEGAL MORON!
  14. #14
    momx5 is offline Junior Member
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    Post West Virginia Law: Child Support (Page 2)

    48-14-102. Who may bring action for child support order.
    An action may be brought under the provisions of section 14-101 by:
    (1) A custodial parent of a child, when the divorce order or other order which granted custody did not make provision for the support of the child by the obligor;
    (2) A primary caretaker of a child;
    (3) A guardian of the property of a child or the committee for a child; or
    (4) The bureau for child support enforcement, on behalf of the state, when the department of health and human resources is providing assistance on behalf of the child in the form of temporary assistance to needy families, and any right to support has been assigned to the department or in any other case wherein a party has applied for child support enforcement services from the bureau for child support enforcement.


    48-5-705. Bureau for child support enforcement may seek revision of order establishing child support.
    The bureau for child support enforcement may review a child support order and, if appropriate, file a motion with the court for modification of the child support order


    48-13-803. Reimbursement or arrearage only support.
    When the payor is not paying any current support obligation but is required to pay for arrearages or reimbursement support, the court shall set a payment amount for the repayment of reimbursement support or of a support arrearage that is reasonable pursuant to the provisions of this article or section 6-301, but not to exceed the limits set out in section 14-408.


    48-14-201. Arrearages stand by operation of law as judgment against support obligor.
    When an obligor is in arrears in the payment of support which is required to be paid by the terms of an order for support of a child, an obligee or the bureau for child support enforcement may file an abstract of the order giving rise to the support obligation and an "affidavit of accrued support," setting forth the particulars of such arrearage and requesting a writ of execution, suggestion or suggestee execution. The filing of the abstract and affidavit shall give rise, by operation of law, to a lien against personal property of an obligor who resides within this state or who owns property within this state for overdue support.


    48-14-301. Liens against real property by operation of law.
    An order for support entered by a court of competent jurisdiction will give rise, by operation of law, to a lien against real property of an obligor who resides or owns property within this state for overdue support upon the filing by the obligee, or, when appropriate, the bureau for child support enforcement, an abstract of the order giving rise to the support obligation and an "Affidavit of Accrued Support" setting forth the particulars of the arrearage.


    48-11-103. Child support beyond age eighteen.
    (a) Upon a specific finding of good cause shown and upon findings of fact and conclusions of law in support thereof, an order for child support may provide that payments of such support continue beyond the date when the child reaches the age of eighteen, so long as the child is unmarried and residing with a parent, guardian or custodian and is enrolled as a full-time student in a secondary educational or vocational program and making substantial progress towards a diploma: Provided, That such payments may not extend past the date that the child reaches the age of twenty.
    (b) Nothing herein shall be construed to abrogate or modify existing case law regarding the eligibility of handicapped or disabled children to receive child support beyond the age of eighteen.
    (c) The reenactment of this section during the regular session of the Legislature in the year one thousand nine hundred ninety-four shall not, by operation of law, have any effect upon or vacate any order or portion thereof entered under the prior enactment of this section which awarded educational and related expenses for an adult child accepted or enrolled and making satisfactory progress in an educational program at a certified or accredited college. Any such order or portion thereof shall continue in full force and effect until the court, upon motion of a party, modifies or vacates the order upon a finding that:
    (1) The facts and circumstances which supported the entry of the original order have changed, in which case the order may be modified;
    (2) The facts and circumstances which supported the entry of the original order no longer exist because the child has not been accepted or is not enrolled in and making satisfactory progress in an educational program at a certified or accredited college, or the parent ordered to pay such educational and related expenses is no longer able to make such payments, in which case the order shall be vacated;
    (3) The child, at the time the order was entered, was under the age of sixteen years, in which case the order shall be vacated;
    (4) The amount ordered to be paid was determined by an application of child support guidelines in accordance with the provisions of article 13-101, et seq., of this chapter, or legislative rules promulgated thereunder, in which case the order may be modified or vacated; or
    (5) The order was entered after the fourteenth day of March, one thousand nine hundred ninety-four, in which case the order shall be vacated.


    48-11-105. Modification of child support order.
    (a) The court may modify a child support order, for the benefit of the child, when a motion is made that alleges a change in the circumstances of a parent or another proper person or persons. A motion for modification of a child support order may be brought by a custodial parent or any other lawful custodian or guardian of the child, by a parent or other person obligated to pay child support for the child or by the bureau for child support enforcement of the department of health and human resources of this state.
    (b) The provisions of the order may be modified if there is a substantial change in circumstances. If application of the guideline would result in a new order that is more than fifteen percent different, then the circumstances are considered a substantial change.
    (c) An order that modifies the amount of child support to be paid shall conform to the support guidelines set forth in article 13-101, et seq., of this chapter unless the court disregards the guidelines or adjusts the award as provided for in section 13-702.
    (d) The supreme court of appeals shall make available to the courts a standard form for a petition for modification of an order for support, which form will allege that the existing order should be altered or revised because of a loss or change of employment or other substantial change affecting income or that the amount of support required to be paid is not within fifteen percent of the child support guidelines. The clerk of the circuit court and the secretary-clerk of the family court shall make the forms available to persons desiring to represent themselves in filing a motion for modification of the support award.


    48-16-208. Child support orders for two or more obligees.
    In responding to registrations or petitions for enforcement of two or more child support orders in effect at the same time with regard to the same obligor and different individual obligees, at least one of which was issued by a tribunal of another state, a tribunal of this state shall enforce those orders in the same manner as if the orders had been issued by a tribunal of this state.


    See also:

    48-9-403. Relocation of a parent.
    48-18-126. Review and adjustment of child support orders.
    48-11-106. Expedited process for modification.
    48-5-603. Relief regarding minor child or children
  15. #15
    BelizeBreeze is offline Senior Member
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    Quote Originally Posted by sdzll10 View Post
    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.
    SD, ignor momx. She's a legal moron.
    As for your specific question, child support arrears CAN be forgiven. However, the court and the receiver must agree. Otherwise, the arrears continue to be owed regardless of circumstances (including the child turning 18 or 10 more children).

    Child support is a JUDGEMENT against the payor. If you are having problems collecting and the child is turning 18, then it's time to have your arrears reduced to a judgement from which you can file a lien on anything and everything he owns or will own.

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