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Never ending child support

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Merissa

Member
The Child Support Order is out of South Carolina.

My husband fathered a child before we met out of wedlock. He was not put on the child’s birth certificate at the birth or subsequently. The child’s mother established child support through SC, later moving to Arkansas. Once the mother and child moved, she was able to get the child support collection unit in Arkansas to garnish my husband’s pay and taxes. Although there were times when my husband was out of work, for the most part he worked and paid his child support. There were several times over the years where our taxes were garnished to pay his child support to the mother, but Arkansas never reported the money as being paid to SC, the state where the action continued to be. After moving to SC, the court attempted to throw my husband in jail, fine him, and suspend his driver’s license because they thought that he was not paying. Child support was put back through the court, but SC courts would not request information from Arkansas about the monies paid to them for the order that SC put into place, and my husband was told he had to get a lawyer to get the information to correct the balance which we were in no position to do at that time so the balance stood and an additional amount for arrears was tacked on the child support payment. My husband was contacted 3 years ago by the child’s mother, stating that she wanted him to terminate his parental rights so that the child could be adopted and receive her new husbands military assistance for the child’s college tuition. Although my husband did not consent, my husband’s rights were subsequently terminated and the child was adopted at 17 years old. Despite this, my husband’s child support continued to charge monthly in SC as Arkansas did not file a motion to stop his child support when his rights were terminated. In addition, my husband is not allowed to request proof of the adoption, or the termination of his parental rights because his name is not on the child’s birth certificate, therefore he could not provide proof to the SC court that he did not have to pay child support Since his legal rights to the child were terminated. Child support was automatically stopped this month because the child turned 19. The issue he is facing is twofold, how does he get proof of what was paid to Arkansas to update his arrears amount and how does he get proof about the TPR so he can be credited for the 2 year of support he was forced to pay after his rights were terminated? We keep talking to the SC court and child support collection unit but no one is doing anything, Arkansas won’t even talk to him, and we can’t afford a lawyer. What in the world can we do to stop this never ending child support? Our other children have suffered a great deal financially because of the unlawful charging and garnishment of my husband’s checks. We need help to get this worked out. Even worse, if something happens to my husband, his life insurance will go to a debt that he never lawfully owed. What can be done to fix this issue?
 


Just Blue

Senior Member
The Child Support Order is out of South Carolina.

My husband fathered a child before we met out of wedlock. He was not put on the child’s birth certificate at the birth or subsequently. The child’s mother established child support through SC, later moving to Arkansas. Once the mother and child moved, she was able to get the child support collection unit in Arkansas to garnish my husband’s pay and taxes. Although there were times when my husband was out of work, for the most part he worked and paid his child support. There were several times over the years where our taxes were garnished to pay his child support to the mother, but Arkansas never reported the money as being paid to SC, the state where the action continued to be. After moving to SC, the court attempted to throw my husband in jail, fine him, and suspend his driver’s license because they thought that he was not paying. Child support was put back through the court, but SC courts would not request information from Arkansas about the monies paid to them for the order that SC put into place, and my husband was told he had to get a lawyer to get the information to correct the balance which we were in no position to do at that time so the balance stood and an additional amount for arrears was tacked on the child support payment. My husband was contacted 3 years ago by the child’s mother, stating that she wanted him to terminate his parental rights so that the child could be adopted and receive her new husbands military assistance for the child’s college tuition. Although my husband did not consent, my husband’s rights were subsequently terminated and the child was adopted at 17 years old. Despite this, my husband’s child support continued to charge monthly in SC as Arkansas did not file a motion to stop his child support when his rights were terminated. In addition, my husband is not allowed to request proof of the adoption, or the termination of his parental rights because his name is not on the child’s birth certificate, therefore he could not provide proof to the SC court that he did not have to pay child support Since his legal rights to the child were terminated. Child support was automatically stopped this month because the child turned 19. The issue he is facing is twofold, how does he get proof of what was paid to Arkansas to update his arrears amount and how does he get proof about the TPR so he can be credited for the 2 year of support he was forced to pay after his rights were terminated? We keep talking to the SC court and child support collection unit but no one is doing anything, Arkansas won’t even talk to him, and we can’t afford a lawyer. What in the world can we do to stop this never ending child support? Our other children have suffered a great deal financially because of the unlawful charging and garnishment of my husband’s checks. We need help to get this worked out. Even worse, if something happens to my husband, his life insurance will go to a debt that he never lawfully owed. What can be done to fix this issue?
Please, have your husband join. It is much easier for us to deal directly with the legal party. Thank You for your understanding...Blue
 

Merissa

Member
Please, have your husband join. It is much easier for us to deal directly with the legal party. Thank You for your understanding...Blue
I understand what you are saying, but understand this please... he is very tired of not getting any help and is not wanting to keep asking for help when he is getting anywhere with it. I have even threatened to divorce him if he doesn’t keep trying to fight to protect our finances. I’m trying to get some advice to encourage a downtrodden, disenfranchised man who I love so I can encourage him to keep pushing for justice and stop this mess once and for all. He has all but given up, but just the support since the adoption equals over $7000... I don’t want to let him, or the rest of our family, continue to take the loss but unless I can get some information about a solution, he is not getting back on his knees to beg for help, he just assumes he, and we too, will have to take the loss.
 

Zigner

Senior Member, Non-Attorney
I understand what you are saying, but understand this please... he is very tired of not getting any help and is not wanting to keep asking for help when he is getting anywhere with it. I
That is HIS choice.
 

Merissa

Member
I asked for FREEADVICE, not criticism. Either you can help, or you can’t, but it is pretty clear what YOUR choice is. Can you leave the thread to someone who wants to help? Thanks for EVERYTHING!
 

Merissa

Member
That is HIS choice.
MY choice is to use MY time to search for HELPFUL advice because He is working so HARD just to eek by after child support thatI AM doing what I can to HELP him. If there is INFORMATION that you wish to impart, then DO so. I’m well aware of what is going on in MY situation, and who’s choice it is to proceed in the matter. Have YOU ever heard of a supportive WIFE? Have a good one.
 

adjusterjack

Senior Member
Let's take this one step at a time.

The child’s mother established child support through SC,
There had to have been a court case for that. The court file would likely be in the court where the mother lived at the time. It's probably public record and you can call the court and arrange for a complete copy of the case file sent to you. There will be a fee that you can pay with a credit card.

Once the mother and child moved, she was able to get the child support collection unit in Arkansas to garnish my husband’s pay and taxes.
Again, a court case for that, too. You can contact the court in Arkansas for that case file.

Arkansas never reported the money as being paid to SC
There could be a record of payments in the case file. But didn't your husband keep his own records? Documents, cancelled checks, etc?

Child support was put back through the court, but SC courts would not request information from Arkansas about the monies paid to them
That was not their job. It's your husband's job to get records proving he paid. Nobody's going to do it for him.

my husband was told he had to get a lawyer to get the information to correct the balance which we were in no position to do at that time
No position to do what? Hire a lawyer? Contact the court? He didn't need a lawyer to get the case file.

the balance stood and an additional amount for arrears was tacked on the child support payment.
Yep, that's how it works. And the arrears keep growing with interest.

I'll stop now. Get the case files from both courts and see if they are any help.
 

LdiJ

Senior Member
In addition the Arkansas Child Support Agency should be able to provide a print out of his payment history.
 

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