• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Child Support Arrears in cases of Visitation Interference by Custodial Parent

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Pendaren

Junior Member
If a child, born to a married couple (both were active duty USMC) in July 2000 on a military base in CA (29 Palms) and the husband signed the birth certificate (the child may or may not be the husband's biological child due to rape but he was unaware of the rape or paternity issue until June 2015 but currently doesn't wants to request a DNA test or be removal from the birth certificate even if a negative DNA result is revealed) was granted child support by the NV court during the divorce (granted in April 2002 NPT to Nov 2001 - he was ordered to pay $300 a month plus $50 towards the $2,000 arrears) and the child is then "internationally parentally kidnapped" by the physical custodial mother (Stemming from the ongoing trauma resulting from her rape) when the child was 30 months old in Feb 2003. (non-custodial father was only granted joint legal custody and visitation and the IPK interfered with the exercise of those rights) and the father never filed/there is not an open case for a missing child with police, MCMEC or the FBI, never filed against the mother for IPK, never filed for child support or custody change, and whose inactions were interpreted as abandonment by the mother and she only recently got into contact with the ex-husband in June 2015 with the whole truth and he has stated he doesn't want to pursue legal action against her, only requesting return of mother and child; is that mother entitled to child support arrears even though the visitation and legal custody rights were "criminally" denied? How far back can arrears be requested? Would the child have to be under 18 for the mother to file for the arrears? Can the mother give a power of attorney to collect all debts to the estate to another person? Does it have to be filed in the original court that granted child support? Can legal action be brought against the mother even though no missing child was reported nor is there an active case opened against her currently? (This question is posted because the mother doesn't have money to return the child and would only take a loan to do so if she could move back and was assured that she could financially pay back that loan and plans on forgiving the rest after the loan is paid.)

Important points:

Child Support WAS granted by the Family Division of the Second Judicial District Court of the State of Nevada in and for the County of Washoe during the divorce.

The couple separated in Jan 2001, The divorce was finalized in April 2002. It was entered Nunc Pro Tunc to November 2001 which automatically created arrears in child support of $2,000.

The divorce decree stated he was to pay $300 a month plus an additional $50 towards arrears.

This amount was withheld from his paycheck
Since the date the order was issued (April 2002) he was up to date in payment due to the automatic withholding.

Not sure how long the money was still being withheld after she took the child in Feb 2003 or if that money was re-embursted to him once the withdrawals stopped. I'm sure once he changed employment and became self-employed in 2005 the withholding/payments into the government monitored account probably stopped.

Mother was granted primary physical custody. Both were granted joint legal custody and visitation was temporarily established (there was to be a review hearing - around April 2003 - to establish permanent visitation guidelines as the child was still breastfeeding when the original visitation was delineated and no over nights were stipulated in the temporary order)

Mother has only officially been charged with contempt, no other illegal activity has been charged and neither the custody or child support order has been modified.
 


Proserpina

Senior Member
If a child, born to a married couple (both were active duty USMC) in July 2000 on a military base in CA (29 Palms) and the husband signed the birth certificate (the child may or may not be the husband's biological child due to rape but he was unaware of the rape or paternity issue until June 2015 but currently doesn't wants to request a DNA test or be removal from the birth certificate even if a negative DNA result is revealed) was granted child support by the NV court during the divorce (granted in April 2002 NPT to Nov 2001 - he was ordered to pay $300 a month plus $50 towards the $2,000 arrears) and the child is then "internationally parentally kidnapped" by the physical custodial mother (Stemming from the ongoing trauma resulting from her rape) when the child was 30 months old in Feb 2003. (non-custodial father was only granted joint legal custody and visitation and the IPK interfered with the exercise of those rights) and the father never filed/there is not an open case for a missing child with police, MCMEC or the FBI, never filed against the mother for IPK, never filed for child support or custody change, and whose inactions were interpreted as abandonment by the mother and she only recently got into contact with the ex-husband in June 2015 with the whole truth and he has stated he doesn't want to pursue legal action against her, only requesting return of mother and child; is that mother entitled to child support arrears even though the visitation and legal custody rights were "criminally" denied? How far back can arrears be requested? Would the child have to be under 18 for the mother to file for the arrears? Can the mother give a power of attorney to collect all debts to the estate to another person? Does it have to be filed in the original court that granted child support? Can legal action be brought against the mother even though no missing child was reported nor is there an active case opened against her currently? (This question is posted because the mother doesn't have money to return the child and would only take a loan to do so if she could move back and was assured that she could financially pay back that loan and plans on forgiving the rest after the loan is paid.)

Important points:

Child Support WAS granted by the Family Division of the Second Judicial District Court of the State of Nevada in and for the County of Washoe during the divorce.

The couple separated in Jan 2001, The divorce was finalized in April 2002. It was entered Nunc Pro Tunc to November 2001 which automatically created arrears in child support of $2,000.

The divorce decree stated he was to pay $300 a month plus an additional $50 towards arrears.

This amount was withheld from his paycheck
Since the date the order was issued (April 2002) he was up to date in payment due to the automatic withholding.

Not sure how long the money was still being withheld after she took the child in Feb 2003 or if that money was re-embursted to him once the withdrawals stopped. I'm sure once he changed employment and became self-employed in 2005 the withholding/payments into the government monitored account probably stopped.

Mother was granted primary physical custody. Both were granted joint legal custody and visitation was temporarily established (there was to be a review hearing - around April 2003 - to establish permanent visitation guidelines as the child was still breastfeeding when the original visitation was delineated and no over nights were stipulated in the temporary order)

Mother has only officially been charged with contempt, no other illegal activity has been charged and neither the custody or child support order has been modified.
If Dad has built up arrears, then arrears are owed. They don't disappear merely because Dad didn't push the issue of Mom disallowing visitation.

Mom is not guilty of criminal anything. The arrears can be collected forever.

Explain what the goal is with the POA.
 

Pendaren

Junior Member
The POA was in case the mother could not step foot in the US without charges being brought retroactively.
If that had been the case I was wondering if, to obtain enforcement on the arrears the mother has to first go to court or what ever documents the mother has to sign to initiate the re-payment on the arrears if that can be done by a third party with only a POA, or would the mother have to file in person. (I DID read that arrears that are currently being paid can be stipulated in a will in case of death to be paid to a benificiary until paid off)

If there are no criminal charges and the mother can return to the US without negative consequences, the POA is a moot point.
 

Proserpina

Senior Member
The POA was in case the mother could not step foot in the US without charges being brought retroactively.
If that had been the case I was wondering if, to obtain enforcement on the arrears the mother has to first go to court or what ever documents the mother has to sign to initiate the re-payment on the arrears if that can be done by a third party with only a POA, or would the mother have to file in person. (I DID read that arrears that are currently being paid can be stipulated in a will in case of death to be paid to a benificiary until paid off)

If there are no criminal charges and the mother can return to the US without negative consequences, the POA is a moot point.
And are you now going to give us the back story on returning to the US?

Or are we playing Telephone? Who are you in this mess?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top