Ask Me Help Desk - Back Child Support

Back Child Support

Hi everyone,

I am going to court in 2 weeks for child support for my 16 year old daughter (finally they found her father). Of course he says he has no money he only makes minimum wage. The person I spoke with said that they are pushing for back support (not sure how far back). My question is will they go by his word on what he makes or does he have to show proof? I told him they are going to take it right out of his check and he says he is self employed so they can't he will have to send it in. He does not own a business or anything so I am not sure what he means by self employed probably a lie anyway's but thanks for your help. (He always has an excuse as to why he can not pay evicted, starving, sick and so on).

I am in Massachusetts

Well when did you first file? That is usually all the longer they can go back when it has been long term like this sometimes there is a max of a couple years but more will depend on when you filled. The go off more than his word generally they want to see pay stubs and tax returns. If he really is self employed then he would have to send it in. I'm not saying that he isn't lying but there are more ways to be self employed than to own a business such as being an independent contractor for another company.

I filed in 1997 and heard nothing for years then I tried again in 2000 and he has just been served about a month ago

Was there a default judgement entered yet ? Also has DNA already been done ? Another thing just as a side note. You shouldn't be talking to oposing party for any reason at this time unless directed to do so by the courts.

We have not even gone to court yet, this will be the first time. They are asking for a paternity test, He did sign the birth certificate though but I guess there are laws now that a child born before April 1994 has to have a dna test in Massachusetts. He does not want one he knows she is his daughter but they say he has to and he also has to reimburse them for it.

They will require that he submits tax returns and/or pay stubs. They will not just take his word for it.

That's what I was hoping, A few people told me that you do not have to prove your income just fill out some financial form (I received the form as well and I am not required to prove anything I put).

Just let the judge know that you believe he's hiding his true income.

Quote:

Originally Posted by ScottGem

Just let the judge know that you beleive he's hiding his true income.

I will, And thank you to all for your answers

Just wanted to give an update for anyone else in the same situation. I went to court and he did not show up but he did send in his financial form and paystubs. He has been ordered $165 a week and $16886 in back support which went back to the day she was born minus what he has sent over the years.

I know on the parent side that has to pay child support that they have to provide proof even if it is a tax return.. also you can go to the child support lawyer and request that they do a federal tax with holding. That what I had to do cause I wouldn't get but 25 dollars a month for four kids and this year I got his federal sims package and his state tax return and this next year I will get his federal and his state... and if he is ever on disability or unemployment I get 55 percent of it for the kids.

But that is only if he owes more than 2000 in back child support.. for the federal with holding... mine is almost 15k in back child support

Quote:

Originally Posted by looseendz

Just wanted to give an update for anyone else in the same situation. I went to court and he did not show up but he did send in his financial form and paystubs. He has been ordered $165 a week and $16886 in back support which went back to the day she was born minus what he has sent over the years.

Thank you for coming back and letting us know what had happened. So often when we try to advise we really don't know what the courts will do.

Thanks.

I've read over your question and all the answers and advice. Here is a little more for anyone who might have this question in the future.
There are companies who specialize in tracking down dead beat parents, here is the link to one: Child Support Recovery Service - Child Support Collection . The down side is that they often charge for the service. However, depending on the amount owed and the time owing, the child support agency will catch up to them eventually. Just because he owes now, does not mean at some magical age that amount owed just disappears. He will owe that amount 5 years, 10, 20 years from now. Oh and most states now charge interest on amount owed. But here is the clincher, when he is in max arrears ( check your state's law ) they will pursue at all costs. If there is anything filed under his name and/or social security number they will seize it. Bank accounts, vehicles, company monies, property, personal possessions, drivers license, can all be seized and levied. The child support division is so back logged that it is frustrating to get your case worker to focus on your case when there are so many more cases just like yours out there. Tips to get their attention. Call them and leave messages EVERY day. Log down the time, date and who you talked to. In addition, e-mail them EVERY day ( I wrote a draft e-mail and just hit send ) when you e-mail them, also e-mail their superior the same letter. DO NOT use BCC, you want them to know that their boss is getting the same letter daily too. At the end of the letter, put in that you want to be notified that they received the e-mail by sending a response back. Make sure all pertinent information is there. Yes they have all the info on their records but why take the chance? Lastly, there is the sneaky way. Common friends? Know where he works? Know what he drives? No? Well find out. The Division works with the DMV, social security office, Un-employment division and the Federal Banking Commission. And send all the information you have compiled to the Division as a " In case you didn't know.... FYI scenerio "
I know this because I am there in the same place. I learned by trial and error and was just plain pissed off that he was avoiding the responsibility of his son.
I wish you and the like Good Luck on your path. :)

Quote:

Originally Posted by looseendz

Just wanted to give an update for anyone else in the same situation. I went to court and he did not show up but he did send in his financial form and paystubs. He has been ordered $165 a week and $16886 in back support which went back to the day she was born minus what he has sent over the years.

One more update, I received a copy of the order in the mail and he has to pay until she is 23 (age did not come up in court, but it's on the order)

Quote:

Originally Posted by ItWillGetBetter

One more update, I received a copy of the order in the mail and he has to pay until she is 23 (age did not come up in court, but it's on the order)

You need to understand that the child support order isn't until 23 unless certain conditions are met. The State law for your state Massachusetts ends at 18 or 21 and can continue until 23 so long as your child is in college. Also only up to 21 so long as the child is living with you otherwise it stops at 18.

http://www.mass.gov/Ador/docs/cse/pa...ancipation.pdf

Calif is right as long as the child stays enrolled full time in college it should continue that long. However, if the child moves out or isn't in school anymore it will stop sooner.