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Still paying CS for adult children

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FrustratedMom72

Junior Member
What is the name of your state (only U.S. law)? OH (CS ordered in NJ)

This is a long story so I'll try to sum it up, but I'm trying to help my Dad.

I was 12 when my parents divorced, I'm now 32. I have a sister who is now 25. My Dad was ordered to pay child support. He petitioned the court to decrease the amount after he lost his job making $72,000 a year and ended up leaving NJ and moving to Ohio where he now lives. The court denied his request. So the arrears packed on.

Neither my sister or myself attended college. I moved out at 20, my sister still lives at home with my Mom. So basically, support for me should have stopped accruing 13 years ago, for my sister 6 years ago. My Dad has continued to pay $1400 a month toward arrears to this day. Dad is disabled, he has RSD (reflex sympathetic dystrophy) and extremely limited use of his arm. He collects SSDI, which is intercepted and the $1400 is taken directly out of his check every month and sent to my Mom. This leaves Dad with about $680 a month to live on.

Dad and I sat down about a year ago and calculated all the numbers and figured out that he has overpaid my Mom. She refuses to acknowledge this or assist him in any way whatsoever.

He filed papers with the court over a year ago in NJ to get this to stop, and it continues. He calls at least 3 times a week to the Union County NJ Child Support office to check the status. They are nasty to him and treat him like he's the bad guy, but he's paying money he doesn't owe!! He can't even afford to live on his own, he lives in a friend's basement. He can't afford to go to the doctor or even buy his medications because he's paying $1400 a month to my Mom for child support arrears that he doesn't owe.

At this point, enough is enough, it needs to stop, but he can't afford an attorney, nor does he qualify for aid because they say he makes too much money - even though 3/4 of it he never even sees! What can he do to force these people to listen to him?

When you call the numbers, no one answers, there is no higher up to talk to - he's at their mercy and it's totally unfair! It's to the point of ridiculousness and he needs help as soon as possible. He's very ill, but can't afford to buy his medications, any help would be greatly appreciated.

The CS order is in NJ because Mom still lives in NJ, but Dad lives in Ohio. (reasonably sure that's need to know information)
 
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mistoffolees

Senior Member
He should consult with an attorney. Initial consultations are often free.

If the attorney tells him that he has a good chance of stopping the payments or recovering the overpayments, it may well be worth the investment of hiring one. Some attorneys will work out payment plans, as well.

He could also ask to speak to a supervisor at CSE.

Finally, writing to a legislator often helps.
 

FrustratedMom72

Junior Member
He can't afford the "investment" of hiring one. $680 a month doesn't go very far, unless they'll take $10 a month for the rest of his life!

He has spoken to the supervisor, as have I - to no avail. They don't seem to understand that I am 32 years old. The active support should have stopped in 1997 (1998 the latest) for me and 2004 for my sister. Any arrears he owed have been paid, and then some at this point. We even included my marriage certificate with his paperwork to show that I was married April 18, 1999 and we included old electric bills in my name from my first apartment in 1998 to prove that I did not live with my mother. They still continue to take his money and not provide him with any answers.

Any suggestions on where to start as far as letters to legislature?
 

Proserpina

Senior Member
I haven't read post hx yet, but SSI IS NOT being garnished.

Only SSDI can be garnished.

Just to clarify.

I'm curious as to the numbers though - because I'm thinking it's entirely possible that with tacked-on interest, Dad STILL owes arrears, depending on how much he was originally ordered to pay and how much he DIDN'T pay.

Still, he needs an attorney. Not a message board.
 

mistoffolees

Senior Member
I haven't read post hx yet, but SSI IS NOT being garnished.

Only SSDI can be garnished.

Just to clarify.

I'm curious as to the numbers though - because I'm thinking it's entirely possible that with tacked-on interest, Dad STILL owes arrears, depending on how much he was originally ordered to pay and how much he DIDN'T pay.

Still, he needs an attorney. Not a message board.
He is certainly entitled to ask for a detailed accounting from the CSE office.
 

FrustratedMom72

Junior Member
There's no possible way that he owes $32,000 in arrears as they say he does. He has requested a history, on 7 different occasions, and has yet to see any documentation whatsoever. This includes 3 written requests, mailed via USPS certified mail return receipt, and he has all 3 receipts so we know they were, in fact received! He even made a trip to NJ and tried to get a history in person, and was told "we don't have the records here, you have to make a written request".

Back in 1999, he and I had discussed the matter and at that point in time, the arrears were at $12,000 and he has been paying $1400 per month garnished out of his SSDI (sorry, I left the D out in my original post). It has been that way since 1998! So that's $16,800 per year.

When you call the numbers provided, no one answers or you are sent to voice mail, and no one returns your calls. It's absolutely absurd!

I agree, he needs an attorney, however I think it's absurd that he has to pay an attorney to deal with this when it is, in fact, NJ's error! I can help him a bit, but not much as I have 3 kids and was recently diagnosed with cancer. So my husband and I are on a limited income as well.
 

FrustratedMom72

Junior Member
To be more detailed, he originally was ordered to pay $1000 per month. As of 1999, his arrears were at $12,000, so they booted him to $1000 month + 400 toward arrears. Active support for me should have stopped in 1997, so as of 1999 he shouldn't have been paying any active support for me, and as of 2005, the entire $1400 should've begun being put directly toward arrears as my sister was 18 and NOT in college or any other type of school. He didn't miss any payments between 1998 and now, because it is taken out of his SSDI check. So even if he still owed $12,000 as of 2005, he's more than paid it!

The very odd part is that the amount has never changed. It stayed at $1400 per month.

Last year he finally reached someone who gave him a few answers, they told him that in NJ children are not "automatically" emancipated at 18 and that he should've filed the paperwork, but because he didn't, he is still paying ACTIVE child support for both my sister and myself. So he immediately made the trip to NJ, got the paperwork, filled it out, gave them everything they needed and he was told he'd get a court date. He calls 3-4 times a week, still no court date.

Anyway, I guess I have all the answers I'm gonna get ..... we will have to find a way to scrounge up money for a lawyer.
 

NellieBly

Member
I haven't read post hx yet, but SSI IS NOT being garnished.

Only SSDI can be garnished.

Just to clarify.

I'm curious as to the numbers though - because I'm thinking it's entirely possible that with tacked-on interest, Dad STILL owes arrears, depending on how much he was originally ordered to pay and how much he DIDN'T pay.

Still, he needs an attorney. Not a message board.

Perhaps Dad really gets SSDI, as SSI will only net someone under $800 a month
 

tuffbrk

Senior Member
Your Dad can go on the NJ CSE website, type in his CS# and very easily access the payments that have been applied and his outstanding balance. As you have learned, your Dad needed to file motions with the court at the time you aged out of the system and then again when your sibling aged out of the system. Since he did not, the support obligation continued to accrue.

Your Dad should also review his divorce decree which may include verbiage as to when his obligation should end. If it states any definitions for emancipation or outlines circumstances, he can include the information in his motion for relief.
 

FrustratedMom72

Junior Member
In the divorce papers it states support is to terminate at age 19 or at completion of college.

I wasn't aware the balance could be looked up online, thank you for that information!! Much appreciated.

It would be nice if they told people that the papers needed to be filed, rather than make themselves totally unavailable, what a mess.

Thank you all for your help, I genuinely appreciate it.
 
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