Back Child Support Arrears

[mswiner]

"yes, it definitely sounds like it, unless of course, new wifey isn't getting the whole story. ... Especially if he didn't pay for the first 11 years. I think we all notice how questions about the first 11 years are being avoided. BB, do you ever allow PM's???"

I'm sorry I guess i don't understahn what do you mean telling about 11 years.

 

[mswiner]

I just want to tell, that i'm like a woman completely agree about the fact that many men are **************(a lot of bad words) about their obligations. I just know that being a child myself my father had CS to his son from previous marriage, but he was such irresponsible man that only thanks to my mother he paid off his CS and thanks to my mother he survived in this life ; ).
Just not all men are good being young and who knows where their mind directed.

Another thing is that some of them want to be better, want to change and those humans deserve that and need help.

The woman who divorced him behaves even right now the way I would not behave, because my nature is absolute opposite. She is a part of what happened and also responsible for behaving immature to hiding her daughter and being rude and teaching her daughter to tell her father that she doesn’t want to see him ever.

Some men could react on this kind of situation being in the court (if having the money) and protecting their rights for visitation. But what to do when it really hurts inside when you try so many attempts and there is just a cold wall back? When your ex has powerful parents with lawyers?

BTW that woman never worked and never even wanted to work, she has been living because of men presence in her life and good parents help.

Every case is special and there are situations where everything can not be blamed from the one hand.

I just opened the post with facts without being positive or negative. From the legal point of view I would really appreciate your help.

Thank you

 

[fairisfair]

"yes, it definitely sounds like it, unless of course, new wifey isn't getting the whole story. ... Especially if he didn't pay for the first 11 years. I think we all notice how questions about the first 11 years are being avoided. BB, do you ever allow PM's???"

I'm sorry I guess i don't understahn what do you mean telling about 11 years.

The point is that when she was 11 years old, the time when you say that she was adopted, your husband owed arrears on child support. According to you, he was current up until she was 6 years old (or somewhere in that range). That means that for 5 years, either he did not pay anything, or paid only part, or somehow someway managed to get his parental rights terminated thereby allowing step dad the chance to adopt.

We don't know what kind of money you are talking about here. And you don't seem to really want to provide facts and details. for example lets just say that he was to pay $200 a month, at the end of one year, his arrears would have been at $2400, now let's say that the state allows 10% interest on the arrears, do you realize how quickly the additional monies are going to begin to add up on the arrears balance with every additional missed payment?? now add the fact that 15 years have passed since then. Apparently mom has done everything that she needed to do to keep the action active.

No one here thinks that your husband is a bad guy. I don't even care if he is, he still shouldn't owe child support for those years when step dad was the legal father. Go see an attorney, you can find one that will at least give you a consultation and some direction. I would hesistate to believe everything that a court clerk had relayed, and still fail to see how that person would even have access to the financial and payment records of his child support, or why your husband is unable to locate any information regarding the termination of his parental rights.

 

[Gracie3787]

What is the name of your state? FL

My husband has back child support (arrears). The actual amount of it is wrong. His daughter was adopted when she was 11, but the back child support records doesn_t indicate that and a clerk of courts told that my husband_s arrears calculated till his daughter was 18. Right now she is 26 years old.
The actual amount is increased very much with an interest rate.
My husband has never been informed about his daughter adoption, he found out about it occasionally. His ex always hided his daughter when he made an appointment to come and visit her and one day she told never ever to call or come to see them.

I_m looking for somebody who had the same common stories and can advice in this situation. My husband case is dropped now, but he wants to go to the court and modify the debt and install payments till his ex brings his case up again.
Is it possible a court can sign off the interest and with the evidence that his daughter was adopted to reconsider the actual amount? Let_s say if he comes to the court on his own to pay the debt but wants the truth comes up, will he be able to pay the balance only?

Your husband needs to get an attorney like yesterday. I know from bitter experience just how things like this can happen in the Florida court system.
Your husband can start by calling the Florida Bar Lawyer Referral service 1-800-342-8011. Or go to www.attorneypages.com for a referral .

When the court straightens it all out, if he did indeed lose his rights and child was adopted the court can order that he only has to pay the arrears that accrued before his TPR. The law also allows interest to be dropped if it will assist in getting the arrears paid.

First and foremost though he cannot do this alone, he needs an attorney.

 

[mswiner]

He paid CS during complete 2 years for certain, then he stopped.
He never was informed about parental rights termination and has no idea who can provide such information for him without the court being involved.

Several years ago he gave his money to a lawyer who investigated some facts and then disappeared, didn’t proceed (the problem is that the lawyer is in FL and my husband lives in OH). That guy didn’t tell him anything and even didn’t advice about the possibility to find out about his parental rights termination. The only thing he confirmed was that the daughter was adopted and wanted her step-father brings the adoption papers to the court, that’s it.

You are right, the amount is almost 200$, it was 180$. And I understand about % and arrears.
The only thing which is strange here is why the clerk of courts told several times on the phone the same thing: “He owes 50000 and that amount is calculated till her daughter got 18. And she confirmed the % and she told that the balance was something like 21000-22000 without % at the age of 18.”
Furthermore, she even advised about self-legal help in the situation when there is like adoption but it’s not mentioned in CS case.

But in this case self-help wont help for sure, I know attorney will be needed.

Just if he can find out about the rights termination, that would be really helpful.

 

[mswiner]

To Gracie3787:

Thank you for the link and phone. We have found this site already and will speak tomorrow.

Where to call to ask if he lost his parental rights is it easy to get information available?

 

[tigger22472]

K.. $180 at 60 months is $10,800

This is not counting any interest.

How much does FL say that he owes?

K.. just saw where you said how much...

I see they said it was without interest but I wouldn't count on that worker knowing for sure what they were talking about

 

[tigger22472]

$180 at 144 months (5 years prior to age 11 and 7 years after) comes to almost 26K

So I'm almost betting the 21-22K IS actually 15+ years of interest on the almost 11K

 

[Gracie3787]

To Gracie3787:

Thank you for the link and phone. We have found this site already and will speak tomorrow.

Where to call to ask if he lost his parental rights is it easy to get information available?

The only way he MIGHT be able to find anything is by searching family court records in his ex's county and surrounding counties. It'll be a long painstaking process though and he still might not find anything. A better idea is to let an attorney handle the discovery.

 

[mswiner]

"To tigger22472 :

that means 11K + 21-22K (interest for 15 years) = 33k but not 50k like they say (in FL)

I've just asked my husband and he told that in 2000 the lawyer contacted them also and got the information that the actual balance without % was like 21-22k."

So it seems very hard situation and a very good attorney will be in need to open the adoption papers which are sealed and who can face up with ex's attorney of her very powerful parents in that county.

And there is not opportunity to find out if he lost his parental rights without an attorney again.

 

[MrsK]

"To tigger22472 :

that means 11K + 21-22K (interest for 15 years) = 33k but not 50k like they say (in FL)

I've just asked my husband and he told that in 2000 the lawyer contacted them also and got the information that the actual balance without % was like 21-22k."

So it seems very hard situation and a very good attorney will be in need to open the adoption papers which are sealed and who can face up with ex's attorney of her very powerful parents in that county.

And there is not opportunity to find out if he lost his parental rights without an attorney again.

He really, REALLY needs a GOOD atty to help figure this out...

 

[Good2know]

What county?

What county in FL are you looking at?

Also, if think you might have a problem w/ex's powerful attorney... why not spend a few hundred dollars and take a few days off and go in person to the court house? Your husband has rights and he should keep asking. Forget about opening up the adoption records, find out about his TPR.

 

[mswiner]

Citrus county.

And as for coming to FL in person and go to the court, that's a good idea and he wanted even to do on his own, to file a Petition for Modification indicating the fact that his daughter was adopted and believing the court can make an order to verify the fact and open the case.

But the case is complicated and that thought was gone. But as for termination of parental rights, nobody even thought about this, like I said, even the lawyer who was investigating this case a little bit didn't find out about that.

 

[mswiner]

One interesting thing in this case I didn’t bring up because didn’t even think it about it.

When my husband called the clerk of court, she told him that his ex can write a forgiving letter, notarized, about signing off his debt completely, and he can be relieved.
Is it true?
But it will not work in our situation anyway, she wants all the amount with % and will not agree to have less.

 

[Gracie3787]

Citrus county.

And as for coming to FL in person and go to the court, that's a good idea and he wanted even to do on his own, to file a Petition for Modification indicating the fact that his daughter was adopted and believing the court can make an order to verify the fact and open the case.

But the case is complicated and that thought was gone. But as for termination of parental rights, nobody even thought about this, like I said, even the lawyer who was investigating this case a little bit didn't find out about that.

Here's the link to the Citrus Co. clerks office, you might be able to find something there.
www.clerk.citrus.fl.us