No deadbeat DAD here...

[remilekun]

I just came across this site and thought I would present my situation. I have custody of my two older children (custody since my oldest was 5 yrs old) and since I have had custody and still do I have been subject to having my tax returns intercepted and and being listed through the prosecuting attorneys office as being in arrears (they assumed that the father was a deadbeat and owed) when in all reality the mother was ordered to pay child support and is presently thousands of dollars in arrears (she has moved out of state -Nevada to escape paying) I am confused as to how she is able to avoid prosecution for refusing to provide for her children and I on the other hand continue to be dunned for arrears when I have custody. I have contacted the prosecuting attorney's child support division and they just tell me that there is nothing they can do although they were the one's that create this issue. Please help with this so that I may know how to properly approach this.

John (Indiana resident)

 

[Zigner]

Were you ordered to pay support BEFORE you had custody?
If so, did you pay it in full?

 

[special mom]

I just came across this site and thought I would present my situation. I have custody of my two older children (custody since my oldest was 5 yrs old) and since I have had custody and still do I have been subject to having my tax returns intercepted and and being listed through the prosecuting attorneys office as being in arrears (they assumed that the father was a deadbeat and owed) when in all reality the mother was ordered to pay child support and is presently thousands of dollars in arrears (she has moved out of state -Nevada to escape paying) I am confused as to how she is able to avoid prosecution for refusing to provide for her children and I on the other hand continue to be dunned for arrears when I have custody. I have contacted the prosecuting attorney's child support division and they just tell me that there is nothing they can do although they were the one's that create this issue. Please help with this so that I may know how to properly approach this.

John (Indiana resident)

If there was an order before you obtained custody and it was never ended that could be your problem. Is there an order that was never ended?

 

[remilekun]

No deadbeat DAD here

Thank You for the rapid response.

She had custody up to my fight to gain custody of my sons. I did not owe her anything.

The child support division said that they could not assist because it would be a conflict of interest because they had worked with her prior to my gianing custody of my sons. They are aware that I do not owe nor did I owe her anything, they simply say that there is nothing they can do to collect from her and that they have note that I AM the Custodial Parent and then end it with you will have to wait to get your money (tax intecept). I have waiting since this last episode for two years and still have not seen my refund.

John

 

[Ohiogal]

Go back to court and get an order forcing her to repay the money she has received.

 

[remilekun]

Thank You again

Your help was appreciated. Now , with the other issue, how do I enforce the order of child support against her when she is living in Nevada? I was told that the prosecuting division could do nothing because she was in another state and that Nevada did not have to comply with Indiana's child support order. Is this correct? If not what steps would I need to follow to file action against her?

John (Indiana resident)

 

[Ohiogal]

Take her to court in Indiana on a motion to show cause -- at the same time you are suing for the tax intercept payback.

 

[StampGirl]

You also need to realize that if she isn't filing a tax return or she owes taxes (doesn't receive a refund) then you will get nothing thru that venue.

Personally, I always pay a lil something for taxes. Why should the gov't have my money all year when I could use it?

Just something to think about.

 

[garrula lingua]

Rem,
You are getting wrong information from the CSE.

They are funded through a federal program (IV-D of SSAct) ... they HAVE TO provide services to you (either or both parties must be assisted; you are both customers).

Several years ago, it was determined that IV-D agencies do NOT represent either party (nor the minor child); they represent their state's interest that the law is followed and children have Paternity established and child & medical support.

Go down to the IV-D agencey and fill out an application. They can enforce the cs order by sending it to the IV-D agency in Nv for enforcement.

If you, again, receive incorrect information that they can't assist you, contact OCSE - it's the federal level of Office of Child Support Enforcement. They go after states who are violating the federal mandates which fund each state's IV-D program.

---**Most states open two cases, Rem: one where she owed you & one where you owe her (to keep the money owed straight, on their systems).
They have to have your written application, asking for service, before they can open your case. Maybe that's the source of the incorrect info you received.