What is the name of your state? Oklahoma
I will try to make this short but there are no promises as this is a long story!
In August of 2002 my fiance took his ex girlfriend (they were never married) to court for custody of their daughter. His ex dropped their daughter off on our doorstep with 1 bag of clothes and dissappeared for 6 months. Then decided after 6 months she wanted the child back so he decided to fight for custody. Well to make this part short..the judge ordered custody to the mother saying she needed a second chance. Well for 3 years he paid $363.95 a month in child support, $174 a month in medical and $70.00 a week for daycare. He even overpaid in the months that he got 3 paychecks.
In May of 2005 his ex again abandoned the child but this time with the grandmother. So he got an attorney and filed for a modification of the original court order and requested sole custody. This time he did win sole custody with visitation at his discretion. She is ordered to pay him $100.00 a month in child support.
The garnishments from his wages for the child support he was paying has not stopped. The appropiate forms have been sent to his employer for the garnishment to stop but they say they have to be sent elsewhere but didn't give all the information on where everything needs to be sent and wont send the forms off themselves.
So even though she is ordered to pay him he is still paying her and he has not seen 1 penny from her. His income is the main income in our home and we have 4 children to support with this child support still coming out it is taking a big bite out of trying to provide for all of them.
My question is will she have to pay back the child support she has and will continue to get until the garnishment has stopped??
I would be talking to our lawyer if it wasn't for the fact that she is on vacation in the Ozarks til monday and I will be going to his ex's house later tonight to drop his daughter off for a weekend with her mom and I would like to go over there with a little bit of knowledge on what can happen to his ex and the child support checks that she has been receiving. Maybe if she hasnt cashed them yet she will just sign them over to my fiance. (wishful thinking here)
Any help is greatly appreciated.
I will try to make this short but there are no promises as this is a long story!
In August of 2002 my fiance took his ex girlfriend (they were never married) to court for custody of their daughter. His ex dropped their daughter off on our doorstep with 1 bag of clothes and dissappeared for 6 months. Then decided after 6 months she wanted the child back so he decided to fight for custody. Well to make this part short..the judge ordered custody to the mother saying she needed a second chance. Well for 3 years he paid $363.95 a month in child support, $174 a month in medical and $70.00 a week for daycare. He even overpaid in the months that he got 3 paychecks.
In May of 2005 his ex again abandoned the child but this time with the grandmother. So he got an attorney and filed for a modification of the original court order and requested sole custody. This time he did win sole custody with visitation at his discretion. She is ordered to pay him $100.00 a month in child support.
The garnishments from his wages for the child support he was paying has not stopped. The appropiate forms have been sent to his employer for the garnishment to stop but they say they have to be sent elsewhere but didn't give all the information on where everything needs to be sent and wont send the forms off themselves.
So even though she is ordered to pay him he is still paying her and he has not seen 1 penny from her. His income is the main income in our home and we have 4 children to support with this child support still coming out it is taking a big bite out of trying to provide for all of them.
My question is will she have to pay back the child support she has and will continue to get until the garnishment has stopped??
I would be talking to our lawyer if it wasn't for the fact that she is on vacation in the Ozarks til monday and I will be going to his ex's house later tonight to drop his daughter off for a weekend with her mom and I would like to go over there with a little bit of knowledge on what can happen to his ex and the child support checks that she has been receiving. Maybe if she hasnt cashed them yet she will just sign them over to my fiance. (wishful thinking here)
Any help is greatly appreciated.