Wrongfully Collected Child Support!

[Shannon&Fuad]

In the year 2000 Bobbi Jo identified Fuad as the biological father of her child. Fuad believed that he was the child's biological father and therefore he did not contest to the paternity when Bobbi Jo and the Child Support Recovery Unit ordered him to pay child support and delinquent child support as well. Soon after Fuad began his child support payments, Bobbi Jo began to deny him any visitation with the child, Fuad then requested her to have a paternity test performed and she refused. Fuad had no other option but to hire legal representation and Bobbi Jo was ordered with a paternity test. August 03, 2001, only 7 days before the child turned a year old, Fuad received the paternity test results proving him NOT the biological father of the child. Fuad's attorney then disestablished paternity, terminated all child support obligations and income withholding orders and Fuad was removed from the child's birth certificate. Fuad filed a claim in Small Claims court against Bobbi Jo for Wrongfully Collected Child Support and won a judgment for $2,500.00. Now in the year 2002 the Child Support Recovery Unit claims that Fuad is a delinquent parent and owes back child support, but why wasn't the delinquent child support satisfied when in the Iowa Code 600.41B it states that if paternity is overcome and the alleged father is proven not the biological father of the child the courts shall enter an order which provides the following:
a. that all child support obligations on behalf of the child be terminated.
b. that any unpaid child support due on behalf of the child be satisfied.
The delinquent child support should have been satisfied without his request of satisfaction! We have requested a Nunc Pro Tunc to revise the order and we have been denied by many judges. Fuad's attorney has explained that if he would like the delinquent child support to be satisfied he either has to file a petition to satisfy delinquent child support, request that Bobbi Jo satisfy it, which will never happen because we have already contacted her about it and she refused, or he can just pay the delinquent child support, but why would he do that when he is not the child's father and it is not his responsibility and it should have been satisfied in the first place! If you would like to give us any advice please do so, or if you are having simular problems and need advice just ask and we are more than willing to help in anyway! Thanks, Shannon&Fuad

 

[Roscleo]

That is crazy!! I can't believe that even after your lawyer got everything disestablished that they are still going after him and even worse that the judges are denying you the right to a previous court order. I would have thought all you had to do was take that court order to the Support Services and wave it in their face to get them to drop it. Have you tried talking to a attorney again? Some attorneys will do a free 1/2 consultation so you could try that to get some answers. I wish the system worked as good for us as it does other people who abuse it.

 

[Shannon&Fuad]

We wish that it was that easy, but the Child Support Recovery Unit claims that in order for the delinquent child support to be satisfied, the order would have to stat that all unpaid child support on behalf of the child is satisfied, but we thought that was what ALL child SUPPORT OBLIGATIONS meant. Our attorney has requested a Nunc Pro Tunc to have that order revised and to include satisfaction of the delinquent child support and all of those judges have denied the Nunc Pro Tunc. Fuad's attorney explained that Fuad may need to file another petition to have the delinquent child support satisfied and have it presented in court.

 

[Roscleo]

Since obviously the judges denied the Nunc Pro Tunc I would just start over though that sucks because of more attorney fees. I would think all Support obligations would also mean everything would be dropped also.
P.S. Are you good at setting up websites? I just started a group for us on Yahoo but don't know how to put the button in to let people join

 

[Shannon&Fuad]

Well we would really rather pay an attorney to satisfy the delinquent child support then pay the delinquent child support to Bobbi Jo for a child that Fuad did not create! Since Fuad only sued Bobbi Jo in Small Claims court for the monies that she had collected for child support, we contacted Judge Judy to file another claim against Bobbi Jo for the attorney fees and the fee of the paternity test. One of Judge Judy's reps contacted us and explained that it would be best for us to wait until the delinquent child support is satisfied before we file the claim and they will then pay for a trip to appear on Judge Judy with only a $100 filing fee, and if he were to win the judgment he would recieve the money within the next working week and Bobbi Jo would be ordered to pay Judge Judy back. Here in Small Claims, Fuad has to find a way to collect the judgment either through garnishing her income wages or putting a lien against her property, and she is unemployed due to the fact that she just gave birth to her second child, so it may be awhile before we will beable to enforce the payments. We are trying our best though, I just thank God that he is not the childs father and we can now live our life together without Bobbi Jo being a part of it!
What kind of web site do you want to create?
I have alot of animated gifs and backgrounds
I can have the link to the web site added to AOL search engine for everyone to view under keywords of child support, paternity or whatever.
I can also create a guest book, poll, and forum for people who visit the site to sign, view, vote and post messages in.
E mail me with the link to the site if you have already created it at
[email protected]
Shannon&Fuad

 

[Roscleo]

Judgement

I am sorry I just got your reply. That is great that on Judge Judy you will get your money back right away. Let me know when you are on cause I love Judge Judy. Hopefully you will be able to get the delinquent child support case dropped soon. You are very lucky that he is not the father at least she will be out of your lives. I don't blame you for not wanting to pay that back child support it is also the principle of the matter that she is not entitled to it at all.

 

[ellencee]

I saw a case just like this on court TV today--and, I don't even normally watch those shows--but, here's what the judge said to "Fuad" (of this case, not this posting thread):
pay the woman her money; when the support was ordered, you were ordered to pay it until such time as the order was rescinded.
In this way, the second order (part b: satisfy the delinquent amount) is fulfilled.

I don't know if it will go any differently on Judge Judy's show, but I'm betting with the judge having already denied a Nunc Pro Tunc, Judge Judy's going to deny your motion, also.

I hope that you can consider it a gift from your heart to the child, if not to the mother, and let it pass as quickly and as harmlessly as is possible. Good luck and best wishes.

 

[Shannon&Fuad]

The Nunc Pro Tunc can only be requested through the District Court, and delinquent child support can only be satisfied by the mother of the child or by filing a petition to satisfy delinquent child support through the District Court. Judge Judy is a Small Claims court system and we are thinking about appearing before her to sue Bobbi Jo for the attorney fees which accrued while ordering her with the paternity test, and the paternity test fees.

 

[smh33]

This might be long shot, may be worth checking??? Unpaid child support obligation is different than deliquent cs....when he consented in court to accept the order in the beginning...maybe it is that he consented to assume the debt knowing there was no DNA proof....that money may not be labeled in court 'obligation' anymore, it is not due,it has already been assigned..it is a debt,arrearges. I have read other cases like this and same thing, all cs terminated except the arrearages and I believe in some states judges cannot remove them, don't have power tooo...this maybe why all those judges refused???? If you do the Judge Judy thing...I would just check out paying the support...I mean like be sure that if you pay it, it doesn't somehow mean you have legally accepted the debt...or sometimes if you pay, fine print is that you are agreeing not to challenge in future when you pay or cs laws may be that you can't challenge support already paid.....

 

[Shannon&Fuad]

It in fact may not be a long shot due to the fact that the delinquent child support should have been satisfied without his request of satisfaction as it states in Iowa Code 600.41B that if paternity is overcome and the established father of the child is proven not the biological father of the child then the courts shall enter an order which provides the following:
A. That the established father of the child be relieved of any and all child support obligations on behalf of the child.
AND
B. That any unpaid child support due on behalf of the child be satisfied.
Fuad may file a petition to satisfy the delinquent child support and present the Iowa Code 600.41B and the paternity test results to the judge and explain that the Child Support Recovery Unit refuses to follow the current order. Fuad also has a Small Claims judgment entered against Bobbi Jo for Wrongfully Collected Child Support which he may present to the court. The facts and the evidence are on Fuad's side, hopefully the judge will see the truth in them and be on his side as well.
Sign the following petition.....
"Paternity Fraud is a international epidemic, we demand justice for all men!"
at.....
http://www.PetitionOnline.com/pfv1/
Always and Forever, Shannon & Fuad

 

[ellencee]

I don't remember if it was on this site or the one for NonCustodial Parents, but I recently read that in matters like this, the courts consider repayment of child support to cause a 'harm' to the child, as it's life would be effected by the loss of money from the child's family's income. Therefore, the courts do not require that this money be refunded, as it is the opinion of the courts, that it is better for the man to be 'harmed' than for the child to be 'harmed'.
I don't think you are going to get a penny for having her ordered to allow a paternity test. Had you not done that, you would have continued to pay child support, and you had that choice. Which one is cheaper, the order for and the actual testing, or continued child support?
You say you have a small claims judgement against the mother for child support payments? Are you saying you have an actual judge's ruling? How did small claims court over-rule, or decided in place of, District Court?

 

[Shannon&Fuad]

A HEARING TO SATISFY THE DELINQUENT CHILD SUPPORT IS BEING SCHEDULED FOR SOMETIME AROUND APRIL 15TH
Fuad's attorney never gave us any other options to satisfy the delinquent child support except for paying him $1,000 to file a petition to satisfy the delinquent child support, WELL.....
I contacted the Court house where the child support order is entered, and I asked what Fuad's options were to present himself in front of a judge without an attorney and they said that all he needs to do is send a written request for a hearing concerning satisfaction of delinquent child support. They will then schedule a hearing and Fuad and Bobbi Jo will be ordered to appear and present both sides of the situation, and if Bobbi Jo fails to appear then the delinquent child support will be satisfied. Wish us luck! I will write more later but I just got home from working a 16 hour shift. SLEEPY NIGHT NIGHT FOR NOW!
Shannon