Question about child support and arrears for desperate Dad

[J&A]

What is the name of your state? CA

I have two kids 5 and 3, I have been paying child support this entire time. The first order was for $800 a month. The next order was for $1200 per month. I was notified of that increase and never bothered to fight it, figured if the State thought my kids needed it, I would pay it. Now however, and without notice as far as a court paper or anything, I received a notice from my employer that they are now going to take out of my check $1500 per month and overnight plus up to $800 in arrears. I owe arrears in the amount of $35,000. After reviewing the paperwork, it seems that they took last years income and back dated this to my children's birth. Basically saying that I should have been paying $1500 per month since they were born even though at that time I was only making $20,000 per year. And of course they tacked on interest as well. After calling the child support office a person there told me that I was supposed to receive some sort of summons and that they do not have me on file as signing for this. He advised me to get a lawyer who can fill out some paperwork and the amount will be dropped. MY question is, can I do this myself without getting a lawyer? Is there a particular form that I need to fill out? I am saving money to fight for custody of my kids at a later date, but for now I just want to get the arrears dropped, I am only bringing home $200 a check after child support, arrears, health insurance for children ($200), and taxes. How can they do this anyway? I have been paying!!!!!!!!

Second thing is that CP lies about expenses, she put that daycare was WAY more expensive then it really is, her income is down as less then it really is. Does the child support office verify her daycare and income? Can I make sure that they do when modifying this? Also, I have provided health insurance for my children at $200 per month and this entire time she has had them on "healthy families." When I asked her why she said she like the Dr better. Is that legal? I don't mind paying for health insurance, but health insurance that they don't use? And isn't that some sort of fraud considering she doesn't need the health insurance (provided by the State and tax payers) if I am providing insurance?

I am sorry if this is an ignorant question, I know very little about all of this which is probably why I am so screwed now....

 

[chatkat]

Have you been paying through the state the whole time? Do you have the original order for $800.00 and the second stating $1200.00. I don't know CA law, but if you were court ordered to pay a paticular $ amount and you did, then they can't go back years later and say it should have been more.
Is the case being handled by the state? If so, can't you meet with them to go over the numbers with them? You stated you were saving money to fight for custody, have you found an Attorney for that yet? Might be a good time to talk to one.
Sorry I have more questions then advise.

 

[J&A]

I have been paying through the State or County anyway. I have paperwork for $800, then $1200. Someone told me that this is happening because I never responded to the $800 and $1200 amount before... I just figured if I paid it then no further action would be necessary. As far as a lawyer for custody, yes I found one... that is really good but VERY expensive. I can't afford him just yet and I am waiting a while to be sure that I am doing the right thing as far as taking custody from their mother (really long story, I think she is crazy and unfit BUT I am documenting things and making sure that I do that the right way). I don't mind paying the monthly amount, it is just the insane arrears. I really didn't think they could do that either. Plus, CP makes more money then I do, I have always paid, I see my kids when I am supposed to. I think they might have asked her how much I make, I think I read that they go off of what CP says if you don't file an answer. I am lost!!! Legal terms and paperwork are not my thing. And I have been a little stupid in that in order to avoid all confrontation with her, I have avoided any legal fighting of anything she has tried to do because she threatens me with this or that accusation. Time to grow some .....

 

[chatkat]

yes it is

Okay, so you were supposed to go to court on the two previous orders and you failed to appear? Lost? (so to speak) then just automatically started paying that amount?

I would contact the state again, ask them if there is someone you can talk to about the case.
I don't know if you have checked into any CA sites but I looked at this one
http://www.childsup.cahwnet.gov/ and checked the Frequently Asked Questions. See if you can find someone to contact there. You should really be proactive and help yourself. Don't just sit back and let all these changes happen without participating.

 

[J&A]

So to speak... they send you a form saying this is the proposed amount and if you want to fight it, fill out this and that. It isn't for court though, if you want to fight it then you go to court (I think). I did not receive that same type of document giving me the opportunity to fight this final huge amount with the insane arrears just a notice that it was going to be taken out of my check. Plus I don't know anyone who makes as little as I do and pays as much

Yes I do need to be more proactive (very expensive lesson)!!

Thank you so much for the link, I will check into it!

 

[chatkat]

Good Luck J&A
When you check out the site, look up the Family Law Facilitators. The site says their services are free. Might be worth a call.