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Please help with child support arrears question!!

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Missamira1

Junior Member
What is the name of your state? California

My husband has two children with his ex-wife. We now have custody of the kids so my question is about arrearages. While they were married, my hubby was in the army. Several times, while he was TDY in Korea or training somewhere, his ex would get on welfare and claim that he was not supporting her or their children. Thus child support got involved and is now charging him for time periods that he was in the home, supporting the kids, even if it was from afar because of this military service. They had a joint account which his paychecks were deposited into and she had bank cards and checkbook to access those funds. Of course that bank was bought out by Wells Fargo and we have been unsuccessful at getting any records!

To make a long story short, because of that damn compound interest, arrearages are now upwards of $20,000. We make what payments we can each month, but again, we are raising these two children, my husbands son from his first marriage (whom we receive no support for, long story there!!!) and my two children. Needless to say, our payments don't even cover the interest some months!

Which brings us to his ex (the welfare fraud queen!). She has remarried (another military man! He better watch his back!) and has another child. Doesn't work and is ordered to pay $120 a month for both kids. We don't see a dime although we are making payments to her EVERY month and the kids don't even live there! BTW, she is in North Carolina.

we have hired two different attorneys, but both basically used up our retainers in a matter of days and got us NOWHERE!!! We are broke, can't pay any more attorneys!!!

So my questions...How do we renegotiate arrears with the courts? Can we file some kind of motion to stop interest? Do we have a chance at having arrears reduced? What do we do???? HELP!!!!
 


Zephyr

Senior Member
What is the name of your state? California

My husband has two children with his ex-wife. We now have custody of the kids so my question is about arrearages. While they were married, my hubby was in the army. Several times, while he was TDY in Korea or training somewhere, his ex would get on welfare and claim that he was not supporting her or their children. Thus child support got involved and is now charging him for time periods that he was in the home, supporting the kids, even if it was from afar because of this military service. They had a joint account which his paychecks were deposited into and she had bank cards and checkbook to access those funds. Of course that bank was bought out by Wells Fargo and we have been unsuccessful at getting any records!

To make a long story short, because of that damn compound interest, arrearages are now upwards of $20,000. We make what payments we can each month, but again, we are raising these two children, my husbands son from his first marriage (whom we receive no support for, long story there!!!) and my two children. Needless to say, our payments don't even cover the interest some months!

Which brings us to his ex (the welfare fraud queen!). She has remarried (another military man! He better watch his back!) and has another child. Doesn't work and is ordered to pay $120 a month for both kids. We don't see a dime although we are making payments to her EVERY month and the kids don't even live there! BTW, she is in North Carolina.

we have hired two different attorneys, but both basically used up our retainers in a matter of days and got us NOWHERE!!! We are broke, can't pay any more attorneys!!!

So my questions...How do we renegotiate arrears with the courts? Can we file some kind of motion to stop interest? Do we have a chance at having arrears reduced? What do we do???? HELP!!!!
has your husband communicated this at all to dhhs and csea???
 

Missamira1

Junior Member
LOL Oh yes...they just ask for proof (which we don't have and don't know how to get.) You could say they've been less that helpful!
 

CourtClerk

Senior Member
I suppose the bank you are referring to which was bought by Wells Fargo was First Interstate... call Wells Fargo's corporate office in San Francisco and see if you can get ahold of the bank records. They may be on microfiche or microfilm somewhere.

Second...as we all know, we can't modify arrears and stopping the interest is not going to happen as interest is written into the civil code for all judgments. What you're going to need is to fill out an arrearage affidaivit and provide the proof to CSSD, however, if she was drawing the money out of the bank, then you'll need to prove that it was HER drawing the money out for the kids as opposed to him drawing it out or his mother or me for that matter.
 

Missamira1

Junior Member
Thanks for your response. The bank was actually Norwest Bank in Colorado (where he was stationed at the time.) We have called them but since it was so long ago (pre-2000), they want a subpeona. We don't know how to do that! She wrote checks from the account so I would assume that would show that she was accessing the funds, we just can't get proof of it.

I thought I remembered reading somewhere that the arrears could be "set" by a judge which would essentially halt the interest as long as the ordered payment was made every month. Am I crazy????

This whole thing is crazy because child support is supposed to be for the kids. The kids live with us. We can hardly supply their basic necessities because we're sending this greedy b**** the money. How is this benefitting the kids????
 

Zephyr

Senior Member
I am still confused about why if they were married this is even an issue....were they filing taxes jointly at that time? tell him to drag out those old returns
 

Missamira1

Junior Member
That's a good point. He doesn;t have copies of those returns since he left with NOTHING but the clothes he was wearing. Do you think we could get copies of those returns? And would the CSEA take those as proof of his supporting the family?
 

Isis1

Senior Member
i could be completely wrong in this (and no i am not defending the welfare fraud queen) but it could be the state collecting those funds your hubby is still paying on. they want their money back. and they aren't playing around about it.
 

TinkerBelleLuvr

Senior Member
That's a good point. He doesn;t have copies of those returns since he left with NOTHING but the clothes he was wearing. Do you think we could get copies of those returns? And would the CSEA take those as proof of his supporting the family?
Copies of the transcripts can be requested from the IRS. Their number is 1-800-829-1040.

Need a Copy of Your Tax Return Information?

Requesting transcripts (individuals):

You have two easy and convenient options for getting copies of your federal tax return information--tax return transcripts and tax account transcripts--by phone or by mail.

Request transcripts by calling 1-800-829-1040, or order by mail using IRS Form 4506T (Request for Transcript of Tax Return). We do not charge a fee for transcripts. Allow two weeks for delivery.

Definitions:

A tax return transcript shows most line items from your tax return (Form 1040, 1040A or 1040EZ) as it was originally filed, including any accompanying forms and schedules. It does not reflect any changes you, your representative or the IRS made after the return was filed. In many cases, a return transcript will meet the requirements of lending institutions such as those offering mortgages and for applying for student loans.

A tax account transcript shows any later adjustments either you or the IRS made after the tax return was filed. This transcript shows basic data, including marital status, type of return filed, adjusted gross income and taxable income.
http://www.irs.gov/individuals/article/0,,id=110571,00.html
 

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