[JRNeskey]

The mother of my two oldest children opened a child support case when she was on welfare, when I moved back to Ohio from West Virginia. She later moved to Kentucky and transferred the welfare benefits for our children and the child support orders to her mother claiming my kids lived with her. I currently owe to both her and her mother and my wages are being garnished by more then half. I live in Ohio she and our children live in Kentucky and have for a few years. She has recently switched the order back to her collection claiming she has just regained custody of our two kids but I believe they have lived with her all along. She only contacts myself or my father around holidays when she wants money, and states she will send pictures if I send her cash. I have contacted the West Virginia Child support Agency and was told that all I can do is modify my total order amount. My question is how do I have a West Virginia order when no one involved lives in that state? Also how can I prove that her mother never had custody of my children when she won't let me have contact with them? Am I going to be responsible to pay the for the last year and a half that I have been off work when she has lived in Kentucky for a few years at least?

[MsMewiththat]

Yes, to your last question of being made to pay for the back owed support. The deal here is that you need to get in front of a judge yourself, and get things straightened out. The burden is on you at this point to be proactive rather than reactive. It is very possible that your children were with someone in the other state that no one lives in now. If they were on state aid, that state is looking to you to reimburse them in some way. If you feel that something is happening that is fraudulent let the court straighten that out. Until you do or take action the amount that was ordered to be paid by you continues to accrue. If you want something worked out you have to do it yourself. Be your own advocate and go before a judge. Most counties or states have Family Services help desks that can give you the information for you to draft your own Motion. If you can afford one hire an attorney. Time is of importance here. As you are aware every thirty days your balance grows. Take charge and get it straightened out. Best of Luck to you!

[ScottGem]

First, it really doesn't matter who has custody. You are paying the support to a state agency which is then taking those amounts as reimbursement for public assistance they received or forwarding the amounts to them. So any concern about who had custody is up to that state agency, not you.

If you feel that an unfair amount is being deducted, then you need to go back to the court that issued the support order and argue it there. Or have the case moved to a new jurisdiction.