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Thread: State wants to wipe out child support obligation

  1. #1
    chiquita is offline Junior Member
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    State wants to wipe out child support obligation

    I live in PA and I received a notice from Lehigh County Domestic Relations section stating that my daughter's father, who is incarcerated with no known release date, is unable to make good on his payment obligations, has no assets and it is undetermined when he will be able to make payments. The letter also stated that they want to wipe his slate clean so that he owes nothing on arrears and will owe no child support until it is determined that he will be able to resume working. I think this is unfair so i contested it, I have a hearing before a mediator Aug. 12th where they want me to come prepared with proof of his assets (he has none) and proof of income (he has none). Do I have an argument? I feel it is totally unfair to my daughter, whom I have been raising on my own for 10 years and have not received regular child support payments for during this time. How can the state wipe his obligations away like that? If they want to wipe his obligations away then I want his parental rights wiped away too. Any advice on how to proceed with defending my stance? I feel that he should be placed on work release while incarcerated OR be made to apply for disability and then my daughter will be able to receive the payments she deserves. HELP!!! Thank you.
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by chiquita View Post
    I live in PA and I received a notice from Lehigh County Domestic Relations section stating that my daughter's father, who is incarcerated with no known release date, is unable to make good on his payment obligations, has no assets and it is undetermined when he will be able to make payments. The letter also stated that they want to wipe his slate clean so that he owes nothing on arrears and will owe no child support until it is determined that he will be able to resume working. I think this is unfair so i contested it, I have a hearing before a mediator Aug. 12th where they want me to come prepared with proof of his assets (he has none) and proof of income (he has none). Do I have an argument? I feel it is totally unfair to my daughter, whom I have been raising on my own for 10 years and have not received regular child support payments for during this time. How can the state wipe his obligations away like that? If they want to wipe his obligations away then I want his parental rights wiped away too. Any advice on how to proceed with defending my stance? I feel that he should be placed on work release while incarcerated OR be made to apply for disability and then my daughter will be able to receive the payments she deserves. HELP!!! Thank you.
    Here's the thing. This one isn't about whether one parent should pay child support - we'd probably ALL agree that he should - but whether it's realistic to try to collect that support.

    He has no assets and no income, and at the moment nobody knows exactly when (or if) he'll be released from jail. Even if he gets out and finds work you're still not guaranteed to be paid. Additionally, if he goes on disability you might be out of luck anyway - if he's on SSI he can't be garnished to begin with, and though SSDI can be garnished it's highly unlikely to be a huge amount.

    If a person is truly determined to avoid paying child support, they're not going to pay it. Period.

    Find a way to consult with an attorney - this might be one of the relatively rare cases where it's truly in the best interest of the child to have Dad's rights terminated.
  3. #3
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    It's one thing to have current support reserved, but to have arrears wiped out as well? That doesn't seem right.
    I wish you and your daughter the best of luck with this.
  4. #4
    TheGeekess is offline Senior Member
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    Quote Originally Posted by chiquita View Post
    I live in PA and I received a notice from Lehigh County Domestic Relations section stating that my daughter's father, who is incarcerated with no known release date, is unable to make good on his payment obligations, has no assets and it is undetermined when he will be able to make payments. The letter also stated that they want to wipe his slate clean so that he owes nothing on arrears and will owe no child support until it is determined that he will be able to resume working. I think this is unfair so i contested it, I have a hearing before a mediator Aug. 12th where they want me to come prepared with proof of his assets (he has none) and proof of income (he has none). Do I have an argument? I feel it is totally unfair to my daughter, whom I have been raising on my own for 10 years and have not received regular child support payments for during this time. How can the state wipe his obligations away like that? If they want to wipe his obligations away then I want his parental rights wiped away too. Any advice on how to proceed with defending my stance? I feel that he should be placed on work release while incarcerated OR be made to apply for disability and then my daughter will be able to receive the payments she deserves. HELP!!! Thank you.
    He might not be eligible for work release (and if they're not certain when he'll be released, then there's your sign). He certainly cannot get disability while he is in prison (totally against federal law).
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by californiamom3 View Post
    It's one thing to have current support reserved, but to have arrears wiped out as well? That doesn't seem right.
    I wish you and your daughter the best of luck with this.
    Whether it's right or not really isn't the issue here. The state is not going to be fond of what is - in their point of view - wasting resources to try and get blood from the proverbial turnip.

    Though it isn't always pleasant to acknowledge, the simple truth is that sometimes things just aren't fair and/or right.

    We can't often control that - but we can control how much we let something like this affect us
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  6. #6
    chiquita is offline Junior Member
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    Thank you!!

    Thank you for your responses....I know I can't get blood from a stone and am also aware that even going to the mediation may be a waste of my time because I pretty much know there is nothing I can do. It isn't fair and the system is messed up. BUT getting his parental rights relinquished would satisfy me....are there legal docs I can get drawn up to take with me or would this be a separate hearing altogether? I just feel bad for my daughter, I mean $25,000+ dollars would really help her pay for college. Thanks for your responses
  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by chiquita View Post
    Thank you for your responses....I know I can't get blood from a stone and am also aware that even going to the mediation may be a waste of my time because I pretty much know there is nothing I can do. It isn't fair and the system is messed up. BUT getting his parental rights relinquished would satisfy me....are there legal docs I can get drawn up to take with me or would this be a separate hearing altogether? I just feel bad for my daughter, I mean $25,000+ dollars would really help her pay for college. Thanks for your responses
    Oh hon, short of him being Rockefeller there's virtually NO chance of you ever obtaining that amount of money - ok, there might be a slim chance, but it's not going to be all at once, and it's not going to be when either you or your daughter need it.

    Can you have his rights terminated? Quite possibly. This is, amongst everything else, the main reason why you really do need to speak with an attorney.
  8. #8
    CourtClerk is offline Senior Member
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    Quote Originally Posted by californiamom3 View Post
    It's one thing to have current support reserved, but to have arrears wiped out as well? That doesn't seem right.
    I wish you and your daughter the best of luck with this.
    *whispering* hey... just read and don't respond. Having a judgment reserved and wiping out the arrears completely are TWO ENTIRELY DIFFERENT THINGS. You can't have arrears if you have a reserved judgment.
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    Unhappy

    Quote Originally Posted by CourtClerk View Post
    *whispering* hey... just read and don't respond. Having a judgment reserved and wiping out the arrears completely are TWO ENTIRELY DIFFERENT THINGS. You can't have arrears if you have a reserved judgment.
    I apologize and I must be confused. When my Ex was in another country and was receiving welfare there... DCSS "reserved judgment" (he was not obligated to pay while he was unable) But arrears were still there.
    Thank you for whispering, it won't happen again. Read, only read.
  10. #10
    CourtClerk is offline Senior Member
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    If the judgment is reserved initially, then there is no money judgment. If there is a money judgment, THEN through modification, they reserve FURTHER judgment, then arrears do not accumulate, the current money judgment goes (essentially) to zero until further notice. Again, reserving the judgment and zeroing out arrears are two ENTIRELY DIFFERENT THINGS.

    However, Californiamom, the subject state is PA, not CA, so until you know... don't answer.
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    I don't believe I answered a question but rather gave an opinion and wished her well.
    I understand the concept. Read but don't respond, answer, well wish, etc. to "others" posts. Legal forum not moral advise.....I get it.
  12. #12
    florida_mommy is offline Junior Member
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    Angry wow....

    Why would you want to terminate his rights? As punishment for non-payment? Isn't he being "punished" enough with a life sentence? The possibility of seeing his daughter is probably the only thing the guy has to look forward to in life. Amazing how some people can justify causing deep emotional wounds for the purpose of extracting money, or worse, using a child to get revenge because things didn't turn out your way.
  13. #13
    stealth2 is offline Senior Member
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    Quote Originally Posted by florida_mommy View Post
    Why would you want to terminate his rights?
    Why would you want to necroost?
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  14. #14
    BL
    BL is offline Senior Member
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    Quote Originally Posted by stealth2 View Post
    Why would you want to necroost?
    Dam , I hate that . ATTN : TECHICAL FA ATTN; ATTN: get rid of flags, yeS you , you're THE CAUSE .i'LL BE KIND NOW . everyone one the forums protest against flags> flags are meant for the good old us of a>
    Silverplum likes this.
  15. #15
    stealth2 is offline Senior Member
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    Quote Originally Posted by BL View Post
    Dam , I hate that . ATTN : TECHICAL FA ATTN; ATTN: get rid of flags, yeS you , you're THE CAUSE .i'LL BE KIND NOW . everyone one the forums protest against flags> flags are meant for the good old us of a>
    I want whatever you're having!
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