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Ending frivolous child support arrearage.

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LdiJ

Senior Member
Hello again.

Thanks to everyone for their responses. Some were helpful, others had a somewhat snide and rude tone, but I easily dismiss them. I'm helping to protect the interests of my mom and step-dad, something anyone would normally do. As for the questions posed...

The oldest was emancipated in 1996, the youngest in 1998. Neither child suffered from any disability.

The top portion of the Child Support Enforcement Transmittal document has an 'X' by Never Assistance.

The agency on the documents is listed as the VA Division of Child Support Enforcement, and the garnishment payments per the order are sent to that agency.

Personally, I am not trying to 'DO' anything myself, I am gathering information to HELP my family.

Date of Support Order 2/22/1982

Period of Computation 11-1-81 thru 3-6-2006.

Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!

Thank you.
What you do not seem to understand is that if someone does not pay their child support when they are supposed to do so, and accumulate arrearages, they have to continue to pay those arrearages until they are paid off. There isn't any way around that.
 


CSO286

Senior Member
Child support enforcement is my job.

I am actually garnishing some folks' Social Security because they dodged the system that long. These deadbeats have adult children and in some case, adult grandchildren.


Your stepfather aprrently failed to pay his child support when it was due, and so not only did those arrears add up, but interest as well. How to make this go away, you ask???

Simple: Invent a working time machine, travel back in time and make sure your stepdad paid his child support when it was due.
 
Last edited:

sandyclaus

Senior Member
Hello again.

Thanks to everyone for their responses. Some were helpful, others had a somewhat snide and rude tone, but I easily dismiss them. I'm helping to protect the interests of my mom and step-dad, something anyone would normally do. As for the questions posed...

The oldest was emancipated in 1996, the youngest in 1998. Neither child suffered from any disability.

The top portion of the Child Support Enforcement Transmittal document has an 'X' by Never Assistance.

The agency on the documents is listed as the VA Division of Child Support Enforcement, and the garnishment payments per the order are sent to that agency.

Personally, I am not trying to 'DO' anything myself, I am gathering information to HELP my family.

Date of Support Order 2/22/1982

Period of Computation 11-1-81 thru 3-6-2006.

Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!

Thank you.
What do you mean, the children were "emancipated" in 1996 and 1998? In what year were each born, and at what age did they become emancipated? How were they emancipated? Did they reach the age of majority, did either or both join the military service or get married, or were they emancipated through the courts? Did the child support order include continued support while either child attended college?

(There's a reason why I'm asking.)

Bottom line is that this man chose not to pay the court-ordered support obligation for part or all of the period for which it was ordered. What wasn't paid doesn't just go off the books when the child reaches the age of majority. It turns into arrears for which the NCP remains obligated to pay until that amount is paid in full - whether that happens before the child becomes an adult, or 20 years afterwards. In Virginia, child support arrears also accrue statutory interest of 6% per year for all balances over 30 days past due. In your step-dad's case, that means no less than 24 years of accrued interest on top of the actual arrears amount. To put that in perspective, if he was required to pay $500 a month in child support and failed to do so, after 24 years, the total amount, including interest, would grow to over $323,000 - of which over $18,000 would be interest alone.

Whether or not you or your step-dad thinks that mom needs or deserves this money is irrelevant. The court has told her that she is entitled to receive it, and your step-dad is required to pay. He obviously decided that the mother didn't deserve to receive the child support the court ordered him to pay all those years, so he had the opportunity to enjoy that extra money for far too long. He isn't being required to support the adult children now - he is being required to pay back the money he stole from their mother each and every time he failed to provide the court-ordered financial support for his minor children. Perhaps if he had put that money away instead of frivolously spending it on himself, or his new wife, he wouldn't be so financially strapped now, now that he has to pay for his mistakes. (And how nice for you that you apparently got the benefit of what was meant to be used to raise his other children.)

Now your step-dad gets to find out first-hand what the mother and his children had to go through way back then.
 

CSO286

Senior Member
Whether or not you or your step-dad thinks that mom needs or deserves this money is irrelevant. The court has told her that she is entitled to receive it, and your step-dad is required to pay. He obviously decided that the mother didn't deserve to receive the child support the court ordered him to pay all those years, so he had the opportunity to enjoy that extra money for far too long. He isn't being required to support the adult children now - he is being required to pay back the money he stole from their mother each and every time he failed to provide the court-ordered financial support for his minor children. Perhaps if he had put that money away instead of frivolously spending it on himself, or his new wife, he wouldn't be so financially strapped now, now that he has to pay for his mistakes. (And how nice for you that you apparently got the benefit of what was meant to be used to raise his other children.)

Now your step-dad gets to find out first-hand what the mother and his children had to go through way back then.
**applause**

;):)
 

single317dad

Senior Member
Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!
Child support enforcement is not theft. Not in a legal sense, and not in a moral sense. It's enforcement of a court order that was likely made based on the standards of the state. It's money that partially reimburses the parent who raised the child(ren) without the other parent's assistance. I hope you go into court with this attitude, and let the judge know exactly how you feel about the issue. Maybe an afternoon in lockup will cool you off a bit.

What about the livelihoods of a mother and tho children who were not provided any assistance for, apparently, 24 years? I understand you defending your family; most people would. The fact of the matter is, you're wrong, and he's wrong, and the money is owed. Period.

Why hasn't this order been enforced previously? Has the respondent had all the amounts calculated to make sure they're accurate?
These questions should be addressed. The only way I see your stepdad getting any kind of break is if there has been a miscalculation, or if amounts continued to accrue beyond the end of the order. This is one reason third-parties are not generally able to get much assistance here; because you likely don't know, and don't have the original order available.
 

Antigone*

Senior Member
Hello again.

Thanks to everyone for their responses. Some were helpful, others had a somewhat snide and rude tone, but I easily dismiss them. I'm helping to protect the interests of my mom and step-dad, something anyone would normally do. As for the questions posed...

The oldest was emancipated in 1996, the youngest in 1998. Neither child suffered from any disability.

The top portion of the Child Support Enforcement Transmittal document has an 'X' by Never Assistance.

The agency on the documents is listed as the VA Division of Child Support Enforcement, and the garnishment payments per the order are sent to that agency.

Personally, I am not trying to 'DO' anything myself, I am gathering information to HELP my family.

Date of Support Order 2/22/1982

Period of Computation 11-1-81 thru 3-6-2006.

Finally, the facts of living on one income, 30% OF that income is STOLEN, and being forced to support money for two grown adults is NOT irrelevant.
Let's not forget we're talking about peoples lives and livelihood, not mere numbers!

Thank you.

Actually the facts are that you step dad didn't take care of his kids when he should have so he has to pay for it now. When the kids were young it was their livlihood and the livlihood of their mother that dad made hell. It was mere numbers to your father then so now it is logical that is should be mere numbers now.

Karma is quite the ...
 

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