disabled and only 1 car

[Kelly Burr]

What is the name of your state (only U.S. law)? Nevada My husband, due to an accident, is permanently disabled, and will never return to work. We have a vehicle that is registered to us both, but because of past due child support, CSE of Texas has put a lein on it. How will that affect me, the spouse? Also, the county that we live in has suspended his drivers license. Without the license, he cannot get to his Dr. appts, lab appts., etc. How might we get that back. His ex wife has hired CSE of Dallas Texas to collect on this case. What are their legal boundries? Also, the ex wife did not go after back child support, even though she was living with him(post divorce), until the children were in their 30's....Is there any statute of limitations in these cases? Any help would be gratefully accepted, as we have been dealing with this since 1998. When he was working, he had been paying the back support, but since the accident, he is only receiving SSI. That was in 2003. Thanx, Kelly

 

[Gracie3787]

What is the name of your state (only U.S. law)? Nevada My husband, due to an accident, is permanently disabled, and will never return to work. We have a vehicle that is registered to us both, but because of past due child support, CSE of Texas has put a lein on it. How will that affect me, the spouse? Also, the county that we live in has suspended his drivers license. Without the license, he cannot get to his Dr. appts, lab appts., etc. How might we get that back. His ex wife has hired CSE of Dallas Texas to collect on this case. What are their legal boundries? Also, the ex wife did not go after back child support, even though she was living with him(post divorce), until the children were in their 30's....Is there any statute of limitations in these cases? Any help would be gratefully accepted, as we have been dealing with this since 1998. When he was working, he had been paying the back support, but since the accident, he is only receiving SSI. That was in 2003. Thanx, Kelly

If there is a lien on the vehicle, it will only affect you if the vehicle is sold. Instead of getting the proceeds from the sale, the state will intercept it for the CS arrears.

The only way to get a DL reinstated will be for him to come up with some money, then go to the state CSE agency and come to an agreement to begin making regular payments. In the mean time, he will have to rely on you, frinds or family to get to his Dr appointments.

Your post is confusing, did his ex actually hire a support collection agency?
Or, are you referring to the state CS enforcement agency?
If it's the state, they have ALOT of leeway when enforcing an order for CS.

If his ex did not request back support, and they were not divorced until after thier children were all grown, how in the world did he end up owing arrears?

Nevada does not have a SOL for CS, it is fully enforceable until paid in full.

Since becoming legally disabled, has he ever filed for a modification of the order?
If he hasn't, that is something he needs to do ASAP, since he can prove his disabilty.

 

[Kelly Burr]

Sorry for the confusion.....They were divorced when the children were 16 and 17, so it was just a couple of years worth of support. They were spending time with both parents at that time.The youngest became emancipated when he turned 17. They were, for a brief time due to illness, living together after the divorce. It was not until he announced(12 years later) that he was getting remarried, that she chose to pursue the support issue. He was making regular payments until the time of his accident. After he had gotten a modification, due to his injuries, he was making the minimum payments, until he could no longer work at all. It was then that the county decided it would no longer pursue the case. That is when the ex wife deceided to farm it out to a private party, Supportkids, in Texas. The government has deceided that he will be permanently disabled, and he will be receiving SSI. He has tried to go back to work, but the severity of his injuries just won't let him. Oh, the original case was from California, but we had moved to Nevada, and then the ex wife decided she also needed to move here, not more than a few blocks from where we live. Why would someone wait all those years to collect support, and only when he had moved on, decide to go after back support. Sound a little crazy to me. We just need to find some answers, as this is really starting to affect our marriage. any help is welcome, Thanx, KB

 

[StampGirl]

Sorry for the confusion.....They were divorced when the children were 16 and 17, so it was just a couple of years worth of support. They were spending time with both parents at that time.The youngest became emancipated when he turned 17. They were, for a brief time due to illness, living together after the divorce. It was not until he announced(12 years later) that he was getting remarried, that she chose to pursue the support issue. He was making regular payments until the time of his accident. After he had gotten a modification, due to his injuries, he was making the minimum payments, until he could no longer work at all. It was then that the county decided it would no longer pursue the case. That is when the ex wife deceided to farm it out to a private party, Supportkids, in Texas. The government has deceided that he will be permanently disabled, and he will be receiving SSI. He has tried to go back to work, but the severity of his injuries just won't let him. Oh, the original case was from California, but we had moved to Nevada, and then the ex wife decided she also needed to move here, not more than a few blocks from where we live. Why would someone wait all those years to collect support, and only when he had moved on, decide to go after back support. Sound a little crazy to me. We just need to find some answers, as this is really starting to affect our marriage. any help is welcome, Thanx, KB

So the County said no more support is necessary so she hired SupportKids??? Lovely. UGH.

More knowledgable seniors: If the county has decided he no longer owes the money, can this help him get out from under the SupportKids mess??

I know that he can claim bankruptcy and then the mess with SupportKids goes away doesn't it?? Or am I way off base here??

Just seems to me that if he is disabled to the point where the County said no more support is necessary, then she doesn't have the right to pursue it elsewhere????

 

[Zigner]

So the County said no more support is necessary so she hired SupportKids??? Lovely. UGH.

More knowledgable seniors: If the county has decided he no longer owes the money, can this help him get out from under the SupportKids mess??

I know that he can claim bankruptcy and then the mess with SupportKids goes away doesn't it?? Or am I way off base here??

Just seems to me that if he is disabled to the point where the County said no more support is necessary, then she doesn't have the right to pursue it elsewhere????

1) The county decided that they wouldn't pursue the support matter on behalf of the mother any more. That does not mean that the support obligation goes away.

2) Yes, assigning support to an organization like Supportkids *may* change the nature of the debt so that it becomes dischargeable.

 

[Gracie3787]

Yes, assigning support to an organization like Supportkids *may* change the nature of the debt so that it becomes dischargeable.

That's why the OP's husband should get a consult with a bankruptcy attorney to see if the debt is dischargable.

He should also get a consult with a family law attorney. He might be able to get some relief based on the defense of laches since ex waited at least 10 years before trying to enforce the order.