richie1992
Junior Member
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
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