back child support?

[BelizeBreeze]

I thought that was the case too but my state CSE caseworker says differently. She states that it has to be filed in the state he resides because that is where he is employed. She also says that since he willingly took the paternity test and has openly admitted to being my child's father, he will be responsible for back support. Granted I never asked for the arrears but if my child is entitled, she should have it. Just trying to get an idea of what i'm headed for is all. Thanks for all of the input.

The reason the suit must be filed in Louisiana is because there was no previous suit for child support. Therefore, it must be filed in the father's state by the intervening authority.

Because you failed to act until the agency filed on your behalf, child support will ONLY be granted from the time of filing. What that means is because you did not file when the child was born, you will lose 7 years of child support.

 

[gamom34t]

I guess it will be a wait and see kind of thing then. I think each circumstance is different and that it's all up to the judge. And even if we're not entitled to back support, at least we won't go seven more years without making him responsible for his actions.

 

[BelizeBreeze]

I guess it will be a wait and see kind of thing then. I think each circumstance is different and that it's all up to the judge. And even if we're not entitled to back support, at least we won't go seven more years without making him responsible for his actions.

And judges are bound by law. Therefore, only half of your above statement is correct.

 

[djworza]

at least we won't go seven more years without making him responsible for his actions.

I am fully behind you in getting the support you need but "making him responsible for his actions"???? Gimme a break. Were you not there to?? Were you passed out?? Don't make it seem like is always the guys fault...it takes two to tango!!!!

 

[gamom34t]

Then I guess my next question would be... why would the director of the state office of cse here even suggest this or put it into the documentation if it would not be an option?? I highly doubt she's clueless or incapable. It's not that I'm trying to drain my ex for revenge, it's no longer about he and I. The situation is more complicated. He has lied about his income and now that the state is involved, he's really trying to back me down. I find it truly odd that if he only makes what he says he does, why he would try to "up the ante" to get me to settle out of court. It's people like him who give loving and deserving fathers a bad name.

 

[gamom34t]

djworza.. yes i was there too and yet i have been the only responsible parent in this whole situation. he does have a responsibility to HER not to me. he fooled me once but he won't fool me again.

 

[LdiJ]

Then I guess my next question would be... why would the director of the state office of cse here even suggest this or put it into the documentation if it would not be an option?? I highly doubt she's clueless or incapable. It's not that I'm trying to drain my ex for revenge, it's no longer about he and I. The situation is more complicated. He has lied about his income and now that the state is involved, he's really trying to back me down. I find it truly odd that if he only makes what he says he does, why he would try to "up the ante" to get me to settle out of court. It's people like him who give loving and deserving fathers a bad name.

The only reason he would have for trying to get you to settle is if he is of the belief that a court will give you much more than he is willing to pay.

 

[gamom34t]

LdiJ you're exactly right and "willing" is the key word. infringing on his current lifestyle would be too much.

 

[VeronicaGia]

Go here:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Go to the "support order establishment" section of each state.

Click on LA and GA. LA will only establish support back to the date of filing the petition. GA is the same, it will not establish support for prior periods, so in either case, you will get support from the date of filing.

 

[BelizeBreeze]

Go here:

http://ocse3.acf.dhhs.gov/ext/irg/sps/selectastate.cfm

Go to the "support order establishment" section of each state.

Click on LA and GA. LA will only establish support back to the date of filing the petition. GA is the same, it will not establish support for prior periods, so in either case, you will get support from the date of filing.

is there an echo in here???

 

[Gracie3787]

Then I guess my next question would be... why would the director of the state office of cse here even suggest this or put it into the documentation if it would not be an option?? I highly doubt she's clueless or incapable.

Actually, the CSE worker in GA. is CLUELESS about the laws of other states. Ga. is called the Initiating state- they fill out forms that ask for ALL POSSIBILITES, including retroactive support, insurance, etc. They also gather YOUR INFO, then they send it to the Responding state- in this case La. From that point on Ga. will not have jurisdiction- that means that Ga. laws DO NOT matter. La. will have jurisdiction- only La. laws matter.

Unfortunately, the CSE worker's in Ga. do not like that reality and they love to tell the CP's that Ga.'s laws apply. This is something that my husband and I had to put up with for years. In his case, Ga. was the initiating state, Fl. has comeplete jurisdiction, yet the CSE worker in Ga. kept telling my husband's ex things, and of course she got angry when she found out that Ga. could't do anything. Even tho my husband was paying on-going support and an equal amount each month toward arrears, The CSE in Ga. kept sending him threatening letters to him (they believed every word the ex said). It took my husband 2 1/2 years, dozens of letters. phone calls, and 2 court orders to finally convince Ga. CSE that Florida has jurisdiction and for them to let Fl handle it. Finally, they stopped the threats.

You might want to call CSE in La. to see if they are willing to talk to you. You probably have to wait until the Petition for support has been sent to La. tho. Good luck.
Gracie

 

[gamom34t]

No one is having an issue with the fact that GA has to file paperwork thru LA nor does it bother me that we fall under LA guidelines although the child lives in GA. The caseworker didn't imply anything different. But I would think that if both LA and GA don't do retro support to date of paternity that she wouldn't have documented it as if she could get it. There really are more details to this whole situation. I was just looking for suggestions and input. Again, I've never had to deal with the state procedures but I have worked for an attorney. LA laws are just vague to me. Regardless of which way we go, he's always backed out. Not this time. I appreciate the input....

 

[Gracie3787]

But I would think that if both LA and GA don't do retro support to date of paternity that she wouldn't have documented it as if she could get it.

Okay, you can continue to live in your little dream world all you want, and you can believe the words of Ga. CSE workers all you want, but it won't change the laws, and when the La. order for CS doesn't include retro back to 3 mos old, maybe then you will believe reality.

I was just trying to save you some worry and aggravation is all. Good luck.
Gracie

 

[gamom34t]

Aggravation

If anyone is living in a dream world, it's him, not me. Whether or not back child support is awarded is NOT the basis of my intent to force him to be responsible for a percentage of raising this child. And trust me, nothing can be more aggravating than him pretending to be super dad to his other biological child and step children and not provide for his first child. I've taken care of her every need and want for this long and will continue to do so regardless. I just don't think he should be able to constantly avoid this situation. Whatever will be, will be. And at least I can sleep at night knowing I'm doing my best by my child. It will all come out in the end.

 

[VeronicaGia]

If anyone is living in a dream world, it's him, not me. Whether or not back child support is awarded is NOT the basis of my intent to force him to be responsible for a percentage of raising this child. And trust me, nothing can be more aggravating than him pretending to be super dad to his other biological child and step children and not provide for his first child. I've taken care of her every need and want for this long and will continue to do so regardless. I just don't think he should be able to constantly avoid this situation. Whatever will be, will be. And at least I can sleep at night knowing I'm doing my best by my child. It will all come out in the end.

If that was true, you would have filed for support a long time ago, not now when you're expecting some big windfall because of your failure to file. Unless he is court ordered, he is under absolutely no legal obligation to pay. And any payments he made without benefit of a court order would have been considered "gifts."

You did this to yourself and your child and you have no one to blame but you. You knew he was the father, but you did nothing about it, so stop blaming him.