PDA

View Full Version : Does back child supprt come out of paycheck or just taxes


serenity187
Sep 18, 2009, 02:39 PM
My fiancé and I just found out that we are about to have a child. I know this all may sound bad and that it may sound like he is a bad father but he is not. He has 3 kids outside of our marriage and just recently found out that his ex from when he was 17 filed child support on him and that the case has been open since 2005. He never was served with papers, he moved from California a in 2004 and everything was mailed to the old address and he never got the court order and so forth. Well, while he was with his ex she had his first daughter then a year later she was pregnant but he found out it was not his child but continued to take care of the child. He took care of his daughter and the other child but ended up leaving his ex because she cheated again. He left her but she moved and became no where to be found. He ended up being with another woman and had 2 children by her. They had differences later on in the marriage and they went their seperare ways. The ex wife does not like me but I never met her or have ever given her any reason to dislike me. He moved to another city almost 4 1/2 hours away and she will not give him the location to where the kids are or let him see the kids outside the home when she was here. He has tried several times to send her money and to visit the kids but she will not allow him and says she does not want another women to be around her kids to cause confusion and she is afraid that I will beat them for some strange reason. The bad thing about this is that she as well has someone else so now in my opinion the confusion is with the father in their eyes now. She has threaten to take him to court and does not want to file divorce with him. Now, the past ex's case for child support has garnished my fiancés paycheck and took all of his income tax. He still owes back child support and I am wondering will they take out only the child support every paycheck or will they include child support and back taxes to be owed. I have become very stressed and am afraid that I will lose the baby being that I have had multiple miscarriages in the past. I need answers and we need help. We do not know where the ex from his past has his child or where they stay and are battling the ex wife to see the children and threaten by additional child support. It is not like he does not want to pay it just is tough luck and bad timing I don't know

ScottGem
Sep 18, 2009, 02:52 PM
Sometimes I sit here scratching my head at people who post in the incorrect forum. I just can't understand how someone can scroll all the way down the forum list to get to the Forum Community area, ignoring the Family Law forum and several other more logical forums. And then they choose Introductions (as you did) or Forum Help and ignore the very clear warnings that you should not post questions in Intro or that Forum Help is only for questions about using this site. I've moved your question to the appropriate forum (this one).

Can you explain to me why you ignored the instructions and chose to post in Introductions? Didn't you see all the other forums? Didn't it seem logical to chose a forum that related to your question?

I am really curious to understand this illogical behavior.

As for your question, they will take out the legal maximum until the support arrears are paid.

If he wants to be a part of his children's lives, then he should go to court and file for joint custody and visitation. He has the right to see his kids, but he has to enforce those rights in court.

Frankly, a father who lets the mother keep him from his kids without going to court, doesn't really want to be a father that much.

As for the support, again, he knew the children existed, he should have been working with the courts to keep track of them and he would, then, have known about the support order and not be saddled with 4 years of back payments now.

In my opinion this is a bed he made and now has to lie in it. My best suggestion is to consult an attorney to see that his rights are protected.