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  1. #1
    Jennie19 Guest

    wrongful owe of child support

    What is the name of your state?What is the name of your state? FL.

    When my boyfriend got back together with his ex-wife, about a year ago, they tried to make it work for their son. He pays so much for child support each month (550.00) for one kid. Anyways, he moved back in for a few months to find out that it wasn't going to work. Well while he was living with her, he didn't know that he had to take himself off of child support. The type of girl she is, she won't tell the courts that he was living with her. So she wants the money from those couple of months he lived with her. It adds up to a couple thousand. Well he can't afford it because of the high child support each month. Now she is threatening to put him in jail if he doesn't pay her back within the next month or two. And if he goes to jail, then when he gets out(30, 60, or 90 days he served) he still has to come up with the money he owed before he went to jail and he still has to pay the months he was in jail for. He doesn't have the money to get a lawyer. What should he do?
  2. #2
    BL
    BL is offline Senior Member
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    Get a second Job and show the Judge he WILL pay it. He WILL pay the monthly payments plus pay on arrears.

    And hope the Judge is lenient.
  3. #3
    king sol is offline Member
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    He doesn't have to roll over. I don't know the exact law but I sure he can at least attempt to defend himself. This is still America. I suggest he go to the child support service or file a modification of child support with the courts with out an attorney. He could show evidence that he was residing with his ex, bills in both names, cancelled checks in which he paid expenses, witness testimony or statements.

    Nobody should stand by and be bullied. It is worth a shot at defending your name and freedom.

    He should how ever....had the order adjusted when they reconciled. Any undesireable consequence will be his failure to protect himself LEGALLY!

    Unfortunely, Americans are too often out for the buck, regardless of what lies must be told!
  4. #4
    Shay-Pari'e is offline Senior Member
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    Quote Originally Posted by king sol
    He doesn't have to roll over. I don't know the exact law but I sure he can at least attempt to defend himself. Without the exact law, you are just babbling.

    This is still America. And?

    I suggest he go to the child support service or file a modification of child support with the courts with out an attorney. He could show evidence that he was residing with his ex, bills in both names, cancelled checks in which he paid expenses, witness testimony or statements. A modification because he moved in for two months? It is a "LITTLE AFTER THE FACT NOW".

    Nobody should stand by and be bullied. It is worth a shot at defending your name and freedom. This statement left me slapping myself.

    He should how ever....had the order adjusted when they reconciled. DUH!!!!!!

    Any undesireable consequence will be his failure to protect himself LEGALLY!Didn't you just give the little speech about defending his name and his freedom? You are talking in circles.

    Unfortunely, Americans are too often out for the buck, regardless of what lies must be told!
    You are entitled to that opinion.
  5. #5
    king sol is offline Member
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    Is it impossible on this site to offer advice to someone without it being disected! What is the motivation of posters who focus on how bad they think anothers advice is?

    Isn't a person entitled to more that one persons advice or point of view. Then they are at liberty to be more informed. I believe that most people come to this website to hear what a variety of people with differing viewpoints have to say.

    It would be a pleasant change to see poster's focusing on submitting replies to the OP's concerns and less time attempting to prove that thiers is the only possible "advice" that should be considered.
  6. #6
    LdiJ is offline Senior Member
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    Quote Originally Posted by king sol
    Is it impossible on this site to offer advice to someone without it being disected! What is the motivation of posters who focus on how bad they think anothers advice is?

    Isn't a person entitled to more that one persons advice or point of view. Then they are at liberty to be more informed. I believe that most people come to this website to hear what a variety of people with differing viewpoints have to say.

    It would be a pleasant change to see poster's focusing on submitting replies to the OP's concerns and less time attempting to prove that thiers is the only possible "advice" that should be considered.
    This board is sometimes bad about doing that. However sometimes the advice that some posters give really IS wrong and its important to correct it.

    You were right that dad can try to defend himself. There is also no harm in trying. However the reality of the situation is that there is little chance that he won't have to eventually pay those arrearages. Therefore its in his best interest to pick up some additional income somehow, so that he can pay SOMETHING towards them. Even if its only $50.00 a month it at least shows "good faith" on his part.
  7. #7
    king sol is offline Member
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    Don't you agree that if he paid towards $$ towards the cs accrued during the month that he was in the home supporting the children, it could be considered "good faith" or it could also be considered "an admission of guilt or responsibility" on his part?
  8. #8
    BL
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    Now she is threatening to put him in jail if he doesn't pay her back within the next month or two. [ quote ]

    Ok now that my head is a little clearer , I had read the post wrong. I thought it Read the Judge is threatening him,and the type of person she is, she won't tell the court.

    Can he prove he lived there during these few months ?

    If so, even if she takes him to court, the Judge most likely not throw him in Jail.

    The fact still remains , A modification starts from the date of filing. He most likely would still owe that amount .

    If he has proof he lived there, If I were him , I'd tell her to take a little extra each month , because that's probably what the court would order anyways.
    Last edited by BL; 11-19-2004 at 05:44 AM.
  9. #9
    BelizeBreeze is offline Senior Member
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    Well while he was living with her, he didn't know that he had to take himself off of child support.
    First of all it's not up to him OR her to forgive the order of a court. He had a court order of child support. He could be living in the White House or a tree house with her and boinking her on the kitchen table but he is STILL responsible for child support.

    The ONLY person who can absolve him of his legal obligation is a Judge through a modification of the CURRENT support order.

    He needs to get a second job (or maybe YOU) and pay it.

    And forget sympathy. I WISH I had to pay only $550 per child
  10. #10
    Shay-Pari'e is offline Senior Member
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    (QUOTE)This board is sometimes bad about doing that. However sometimes the advice that some posters give really IS wrong and its important to correct it.(QUOTE)

    Feel free to actually correct it.
    Last edited by Shay-Pari'e; 11-19-2004 at 06:36 AM.
  11. #11
    Hisbabygirl77 is offline Senior Member
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    shoot I am beginning to think I got royally screwed. My ex only has to pay 300 a month for 3 kids lol Course I could care less about the child support and am just happy to have him in the kids lives because they dont care about money they just care about daddy.
  12. #12
    king sol is offline Member
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    Finanally some posters with a positive outlook on life!

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