complicated child support question

[richie1992]

What is the name of your state? Texas

I was ordered by the court to pay child support after my divorce which I did as ordered from 1990-1993. In August of 1992, my son became under the full time care of his grandfather. I continued to pay a year beyond that to my former wife, but then quit as none of this money was going toward his care. In 1999, I got the custody order changed so that his grandfather is now the primary custodial parent. I have paid child support to him since then. But the Attorney General is still pursuing me for money ordered to her for the gap between 1992 and 1999. This is complicated by the fact the in 1995 she filed for AFDC on me, when in fact my son was with his grandfather the whole time since August of 1992. This is also a matter of court record from the custody order change done in 1999. Nothing was contested in this custody change and we all agreed that my son had been with his grandfather full time since August 1992. I have also paid directly to her over $4000 which has been 'deducted' from the past due amount ordered to be paid to her from 1992-1999, even though the court by its own records recognizes that my son was not with her at all during this time. I have looked into this before, and have been told that only a judge would be able to change the order, and very often they dont. Meaning I could spend thousands taking this into court and lose. Do I have any other move here? I dont understand how common sense does not prevail here. I dont feel she is due any of that money since she provided no care, housing, food, or anything at all during these years. I know she can release me of my obligation, but she will not go anywhere near the court or sign anything as she is rightfully afraid of them finding out that she filed for AFDC 3 years after it is now agreed (and in court record) that she did not have my son with her. I know the state wants their money, but if she is guilty of fraud, that should not be my problem, right? Please help. I have tried so many other resources and gotten nothing, thanks so much. I am not able to really afford what it may cost to go all the way through with this in court, thanks again. sincerely, Rich Montgomery

 

[weenor]

Common sense does prevail...the support amounts became a judgment due and owing on the date they were due per the original order. Judge's cannot go back and change the amounts or waive payment of something that has already occurred. It was your responsibility to make the appropriate changes years ago when you found out that your child was not with his mother....Oh, don't give us I didn't know bunk because what kind of parent doesn't know where his kid is for years at time?

 

[LdiJ]

Common sense does prevail...the support amounts became a judgment due and owing on the date they were due per the original order. Judge's cannot go back and change the amounts or waive payment of something that has already occurred. It was your responsibility to make the appropriate changes years ago when you found out that your child was not with his mother....Oh, don't give us I didn't know bunk because what kind of parent doesn't know where his kid is for years at time?

What's more, she possible cannot waiver the arrearages...the arrearages may be due to the state rather than to her (because she was receiving aid).

 

[richie1992]

nice post, very helpful

I appreciate you offering advice. I dont believe I said anything about "me not knowing where my son was" so I actually did not offer any bunk like that of any kind. The reasons for not doing anything about it back then are personal and complicated and done with my son's best interests, and agreed upon by all involved. yeah, I have been the one to bear the brunt of the court in all of this, but I have never pleaded ignorance, victim, or said I have been screwed. I was asking for help or legal expertise, perhaps your bitter judgements have a source unrelated to my own questions.

 

[ceara19]

If you can prove she was on assistance fraudulently, the state would go after HER for the money, instead of you. But since you will still have to pay for the arrears owed to HER, guess where she will probably be getting the money to pay the state from?

 

[richie1992]

So there is no way of having this order changed? I have to try and believe otherwise, his grandfather attempted to adopt him outright and cancel our parental rights simply to get his mother off the hook with child support she was ordered to pay after the custody change (even though I volunteered to pay 75% of the ordered amount rather than the 50% the AG was trying to make her pay). Anyhow, I was told over and over I needed a lawyer to fight the adoption (as there was no cause or need to cancel my parental rights). I did some investigation and footwork and was able to get the AG to file an intervention on behalf of my son and stop the whole process, so I am still looking to find another way to handle this. Please, if anyone has experience handling this, let me know, thanks.