What is the name of your state (NC)?
My son is 16 and his father has not been involved in his life since he was 4. He has never alternated weekends with me (maybe 3 times total). The last time he bought our son a Christmas present was 1998. He actually left town with about eight hundered dollars after his friends pooled their money to get child support together so that he wouldn't be arrested. I believe that was 2000.
In January 2005, I asked that his child support be reduced from $387.00 to $175.00 per month. I was thinking that if he inquired or was found, he would be told of the reduction and would maybe feel that this amount was more manageable. He was found in South Carolina and paid approximately 7 thousand dollars total in 2005 and 2006. Then nothing.
We didn't see him again until March 2008, when South Carolina found him again and gave him a court date. He contacted me and asked that I appear with him so he wouldn't have to go to jail again, I did go with him, he paid one thousand dollars over a period of three months. Then he applied for Social Security Disability. He has never paid support willingly, it's always had to be garnished or jail.
Then back to the beginning, the reason I have a son is because his father assured me that he had had a vasectomy and had the sperm count re-checked to make sure it worked. Ten and a half months after we were married, our son was born. He had lied about the surgery. I was 40 years old and he was 45 at that time. I already had children and my youngest was eight years old.
My son's father was almost twenty nine thousand dollars in arrears as of 7/26/2010...all except forty two hundred dollars was accumulated before the two years 6/2008-6/2010 period of filing and being approved for social security disability....which leaves over twenty four thousand in arrears before the period of disability.
My son received a lump sum nineteen thousand dollar check from Social Security for the period 6/2008-6/2010. IF my son's father had been current with his child support obligation, our son would still have received the lump sum payment for this period of time. But, because his father was in arrears, the Judge made a judgment that my son's lump sum Social Security check be credited toward his father's arrears. Also, the Judge ordered the father to pay out of his own lump sum check, ONLY seventy four hundred dollars...the Judge also asked if he wanted to make payments or pay it all...my son's dad said he would pay five thousand dollars, the Judge told him one hundred dollars would be taken from his check each month until the remaining arrears are paid.(from what info I've got, his check was probably over forty thousand dollars). So, all the money he made "under the table" and while he was in hiding for almost ten years...he got to keep and spend while our son and I struggled.
The money that could have gone into a savings and to help him our son with community college and to make our lives a little easier, now has to go to pay braces and tutoring (our son has a learning disability and has been retained two years, he will be twenty years old when he graduates from high school) Also, now that he's sixteen, he will be needing a car along with that comes high insurance rates!!
If all this had happened when our son was six instead of sixteen, it would have been easier to handle. I would have been looking ahead to a decent amount of money coming in to support him. Our son will begin having the monthly checks come in his name when he is 18 and can collect this money until he is 19 years and 2 months as long as he is in school.
With this sort of judgment, arrears are encouraged if someone is planning to file a disability claim. (he wasn't required to pay child support during the period of his filing for disability 6/2008-6/2010). Also, the amount that I reduced the child support by saved him over ten thousand dollars in extra arrears!!!
I believe that the Judge should have taken the forty two hundred dollars (175.00 x 24 months of the disability period) out of the total arrears and paid the twenty five thousand to my son. That would have left the father with at least fifteen thousand...probably more. He is also receiving a monthly check of a good amount to live on because our son's check doesn't come out of the father's.
The judge turned to the father after it was over and said..."now remember, you have a special needs child". He has never, ever offered money for camp, shoes, lunch money, school pictures, school supplies....NOTHING!!!What is the name of your state (NC)?