Child Support Mess

[pluckey]

What is the name of your state? Pennsylvania


Hi Hope I can get some advice. Years ago I met a girl and dated a bit. She moved to Texas and I was Living in NJ. 7 years later I get court documents for child support from the women in Texas.( I had no prior knowledge) Needless to say the child was mine and court ordered child support was put into effect( NJ) including arrearages(sp). Needless to say I go to court and they say I owe such and such, withold my fed. tax returns then continue to garnish my wages to more than the amount ordered. I was married after that and had children with my currect wife. we moved to P.A and I continue to pay support. What is used for determing support. My wages of course, but what about the mother? What is her responsibility? What if she is married now? My bills? My children? Does the court order have to stay in NJ even though we both reside in different states? Me in P.A her In TX. The problem now is even though my support has been garnished since it's inception, my credit report shows attorny general's office on my credit report for TX saying I have late payments. How can that be? They are taken directly from my check. I have no control over it whatsoever and it's ruining my credit score. I also don't like the fact that it's being garnished depite the fact it's the only option given to me. Should I hire a lawyer for all this or just try and get it straight with the State of NJ? Please please please help!!!!!

 

[USMOM]

get an attorney

The Uniform Interstate Family Support Act states that the state that takes initial jurisdiction keeps jurisdiction. This is complicated legal situation. Get an attorney. You have the right to appeal anything on your credit report. Send a letter clarifying the situation and ask that it be added to your report. The child support is a formula that takes into account your income, her income and the costs of raising a child in the area the child lives. Have you set up a parenting plan? If not, do so. Ask your attorney to contact hers asking if a plan could be worked out. Ask your attorney not to be threatening. It is possible that, with the right approach, you could turn the situation into a possitive. God luck.

 

[Phnx02]

What is the name of your state? Pennsylvania


Hi Hope I can get some advice. Years ago I met a girl and dated a bit. She moved to Texas and I was Living in NJ. 7 years later I get court documents for child support from the women in Texas.( I had no prior knowledge) Needless to say the child was mine and court ordered child support was put into effect( NJ) including arrearages(sp). Needless to say I go to court and they say I owe such and such, withold my fed. tax returns then continue to garnish my wages to more than the amount ordered. I was married after that and had children with my currect wife. we moved to P.A and I continue to pay support. What is used for determing support. My wages of course, but what about the mother? What is her responsibility? What if she is married now? My bills? My children? Does the court order have to stay in NJ even though we both reside in different states? Me in P.A her In TX. The problem now is even though my support has been garnished since it's inception, my credit report shows attorny general's office on my credit report for TX saying I have late payments. How can that be? They are taken directly from my check. I have no control over it whatsoever and it's ruining my credit score. I also don't like the fact that it's being garnished depite the fact it's the only option given to me. Should I hire a lawyer for all this or just try and get it straight with the State of NJ? Please please please help!!!!!

The order will stay in the state it was first filed in, unless the mother has it transferred to her current state of residence. However, this is not mandatory.....it is perfectly legal for her to keep it in NJ. It sucks that she didn't tell you about your child until 7 years after the fact and unfortunately, you're screwed and at the mercy of the courts for the arrearages. Possibly this is so becasue she collected welfare at one time.....the state will hound you forever for back CS, even though you didn't know about the child all this time

Her responsibility is that she's provided for the child - without your help - for the last 7 years. And future responsibility is now shared. She provides a roof over the child's head, food, clothing, utilities, school activities etc. You must now help pay for these expenses in the form of monthly child support payments. It doesn't matter if she's now married, just as it doesn't matter that you are now married......even though her husband contributes to her household, and your wife contributes to your household, he is not legally responsible for supporting your child and your wife is not legally responsible for supporting your child. CS will be based on your net monthly income.....and your wife's income will not be considered.

More than likely, your wages are being garnished simply because you two live in seperate states. More and more courts these days are setting up CS this way to ensure it's paid. It sucks your credit report reflects late payments even though you say you've paid on time (since notified of having a child). This is the state's doing.....even though you were just made aware of having a child, they can and will report arrearages (late pays) dating years before notification. That's the government for ya! Try calling the 3 credit agencies to ask if this can be corrected. If you hit a brick wall, wait a few days or a week and call again. You will more than likely get a different person on the line each time you call.....and many times you will get a different answer each time. Keep calling until you get someone who is willing to at least listen and sympathize with you.......you never know what they can do!

 

[BethM]

New Jersey has some new guidelines as far as child support. They are a combined income state which means both parents incomes are figured. If the mother is not working then they will inpute income for her based on her earning ability.

You need to check with the courts in New Jersey and find out if you are paying according to the new guidelines. As for jurisdiction, either parent can petition the courts to have the case moved to a new jurisdiction if neither parent is living in the state. You can also find out info on that from the court clerk.

The Uniform Interstate Family Support Act states that a new state will not become involved if there are ongoing issues in another state. Meaning if there were disputes or open cases still in the state of New Jersey then another state would not accept jurisdiction. It's done that way to keep parents from moving to a state where they feel they will have better leaverage in a child support or custody matter.

I'm in the process of changing jurisdiction right now and the non-custodial parent still lives in the original state. There is a good possibility you could get it transfered to the state you now live in.

As for hiring an attorney, I would talk to the court clerk first and find out what you can about what guidelines your child support is being figured by and if it would be possible to move to another jurisdiction. If they are not figuring it under the combined income guidelines you could then petition the courts to modify.

Your credit report can be disputed. Call all three reporting agencies and send letters with documentation. There are also professionals that do nothing but help people get negative reports removed from the credit report. You might check into talking to someone about that. It's a hassle...I've been there and getting action from the reporting agencies is like sucking peanut butter through a straw...slowwwwwww.

I personally don't feel that it is your responsibility that she waited 7 years to declare you as the father. You can bet she was getting income from somewhere or she would have come after you sooner. You should not have to be responsible for something you didn't even know existed. Nothing you can do about it but I have to say she must not have much character or she would not have done it this way.

Good luck!

 

[djohnson]

Even though there is nothing you can do I just want to say I think it's a disgrace that as much as we talk on these boards about one parent denying the other parents rights and hope for a bond with a child that these parents sure seem to get away with it. I think there needs to be something done about it. I know I am venting and it's not legal but we are seeing this so much lately. I think the mother should be punished for denying the fathers rights. Then he has seven years worth of child support to pay (which is why it's showing late even though it's garnished is you are 7 yrs behind with no fault to you at all). It just doesn't seem fair. I think we should stop giving all the breaks to others who decide to have children alone. Many people don't get married just because of the financial benefit. We are rewarding deadbeats now. I just think it's sick. Sorry about the rant.

 

[pluckey]

Child Support

Thanks for the information everyone. Guess I have some work cut out for me. I appreciate all the help