Wrongful Arrears

[Leahvega1]

What is the name of your state (only U.S. law)?
Arizona

My husband received a letter from DES Child Support Enforcement stating that he was in excess of $42,000 in arrears. The first letter stated that they would be putting a lien on any personal and real property, the second stated they would be putting a lien on any tax returns he would be receiving. When he called the number on the letter they said that his case was under review and the next step would be a bench warrant. For the first couple of years after his divorce he paid his support directly to his ex-wife by depositing his payment directly into her bank account and on some occasions paying daycare directly and paying the balance of his payment to her. But in the last 2 years he began paying through the “clearing house”, where his support is automatically deducted from his paycheck and then dispersed to his ex-wife. In January he went to court and had his support re-evaluated and at that time his support did go up a little but there was no mention of any arrears owing by his ex-wife or the court. Then he received a frantic call from his ex saying that her support hadn’t been deposited, even though it had been deducted from his paycheck. She called DESCSE and they told her that the case was under review and her support was being held so she told them that was ridiculous that she had always gotten her support and she was willing to sign an Affidavit of Direct Payment, once she picked up the forms though she told my husband that she would only sign the form if he gave up some of his visitation time and when he refused she told him he was on his own and she didn’t care if he went to jail. Then on Oct 15th my husband’s work was served with an amendment to his support with an increase of $359 per month. What can we do to stop this and also to have the court require her to show her bank statements to show proof that she received her support in addition to any proof that we have? Also, she is currently receiving food stamps/medical insurance through the state even though she has 2 jobs. Does that have any relevance? And how is it that the state is pursuing him even though his ex-wife has never made any kind of allegation of non-payment?What is the name of your state (only U.S. law)?

[Proserpina]

Originally Posted by Leahvega1

What is the name of your state (only U.S. law)?
Arizona

My husband received a letter from DES Child Support Enforcement stating that he was in excess of $42,000 in arrears. The first letter stated that they would be putting a lien on any personal and real property, the second stated they would be putting a lien on any tax returns he would be receiving. When he called the number on the letter they said that his case was under review and the next step would be a bench warrant. For the first couple of years after his divorce he paid his support directly to his ex-wife by depositing his payment directly into her bank account and on some occasions paying daycare directly and paying the balance of his payment to her. But in the last 2 years he began paying through the “clearing house”, where his support is automatically deducted from his paycheck and then dispersed to his ex-wife. In January he went to court and had his support re-evaluated and at that time his support did go up a little but there was no mention of any arrears owing by his ex-wife or the court. Then he received a frantic call from his ex saying that her support hadn’t been deposited, even though it had been deducted from his paycheck. She called DESCSE and they told her that the case was under review and her support was being held so she told them that was ridiculous that she had always gotten her support and she was willing to sign an Affidavit of Direct Payment, once she picked up the forms though she told my husband that she would only sign the form if he gave up some of his visitation time and when he refused she told him he was on his own and she didn’t care if he went to jail. Then on Oct 15th my husband’s work was served with an amendment to his support with an increase of $359 per month. What can we do to stop this and also to have the court require her to show her bank statements to show proof that she received her support in addition to any proof that we have? Also, she is currently receiving food stamps/medical insurance through the state even though she has 2 jobs. Does that have any relevance? And how is it that the state is pursuing him even though his ex-wife has never made any kind of allegation of non-payment?What is the name of your state (only U.S. law)?

Why does he believe this is "wrongful"?

Has he requested a complete accounting?

Has he provided PROOF that he has paid?

Ask your husband to come here - there may be questions that really only he can answer.

[BL]

He needs proof of the deposits exactly for the amount of CS each month .

In what form was it deposited ?

[Leahvega1]

Why does he believe this is "wrongful"?

Has he requested a complete accounting?

Has he provided PROOF that he has paid?

Ask your husband to come here - there may be questions that really only he can answer.

I will ask him to come on, however he is on a business trip right now, he travels frequently. In the mean time of all this happening he has to work and we have a very large family we are supporting. He believes this is wrongful because he has always paid his support whether it is directly to her or through the clearing house. Even on some occasions depositing additional money into her bank account as a gift. He has not provided any proof as of yet, the letters came within days and this is all very recent. It hasn't been like they have been pursuing him for months or years, it's very strange that all of a sudden they've decided to come after him out of the blue when he hasn't not paid his child support. The proof being bank statements or cancelled checks are from bank accounts from up to 4 years ago so we are trying to collect all of them but it takes a little time to gather all of them and from accounts that have long since been closed. As far as requesting a complete accounting, I'm not sure what you are referring to... request it from whom? DESCSE hasn't been very cooperative with him when he has called, which is understandable because they are treating him like a dead beat.

[Leahvega1]

He needs proof of the deposits exactly for the amount of CS each month .

In what form was it deposited ?

The deposits were made by check or cash into his ex-wife's bank account.

[IsabellaSoriano]

Originally Posted by Leahvega1

The deposits were made by check or cash into his ex-wife's bank account.

here's a bit of a problem. when paying in cash, there is not proof. dad needs proof. he is going up against the state. never a good thing when mom is recieving state assistance.

honestly, i think dad will need an attorney. i really do.

[Proserpina]

Originally Posted by Leahvega1

I will ask him to come on, however he is on a business trip right now, he travels frequently. In the mean time of all this happening he has to work and we have a very large family we are supporting. He believes this is wrongful because he has always paid his support whether it is directly to her or through the clearing house.

When was the actual child support order made?

(Ditto Isabella)

[Leahvega1]

Why is the state bringing this about though, his ex-wife hasn't initiated any request for non-payment of child support, in fact when she applied for assistance she stated that she was receiving child support. She hasn't claimed non-payment so why is the state so insistent on collecting supposed arrears?

[Proserpina]

Originally Posted by Leahvega1

Why is the state bringing this about though, his ex-wife hasn't initiated any request for non-payment of child support, in fact when she applied for assistance she stated that she was receiving child support. She hasn't claimed non-payment so why is the state so insistent on collecting supposed arrears?

That's why they're making a fuss.

She applied for assistance.

[Leahvega1]

When was the actual child support order made?

His original order was made September 2005, and then was modified in January 2009

[Proserpina]

Originally Posted by Leahvega1

His original order was made September 2005, and then was modified in January 2009

So the alleged amounts owing would be from 2005 until 2007?

(sorry, I just want to make sure this is all accurate)

[Leahvega1]

So the alleged amounts owing would be from 2005 until 2007?

To be honest I can only assume what the court is considering to be the dates he is owing from, but he paid his ex-wife directly from 2005 until Aug 2008, thereafter until now he has paid through the clearing house.

Initially when he called DESCSE the first time they actually said they didn't know what the letters were about that according to his case number they didn't show any monies owed, then they said that the case number was different. So needless to say they aren't much help over the phone.

[Proserpina]

Originally Posted by Leahvega1

To be honest I can only assume what the court is considering to be the dates he is owing from, but he paid his ex-wife directly from 2005 until Aug 2008, thereafter until now he has paid through the clearing house.

Initially when he called DESCSE the first time they actually said they didn't know what the letters were about that according to his case number they didn't show any monies owed, then they said that the case number was different. So needless to say they aren't much help over the phone.

So he was ordered to pay around $1000/month, yes?

[Leahvega1]

So he was ordered to pay around $1000/month, yes?

yes. $980 to be exact.

[Leahvega1]

So he was ordered to pay around $1000/month, yes?

Then in January 2009 his support went up to $1,058.38