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    Kay408's Avatar
    Kay408 Posts: 1, Reputation: 1
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    #1

    Sep 8, 2010, 06:00 PM
    Rights fathers have back pay child support?
    Okay, so my boyfriend has a daughter that is 7 years old. My boyfriend and the mother broke up 1 year after she was born. The mother took him to court for child support and they were deducted it from his check. One day he got a letter in the mail that they were going to stop deducting the child support from his check because the mother wanted to stop it. He even received refund checks because he over paid in child support. After they stopped taking the money from his check he never paid child support to the mother because he was unable to see his daughter. She had a restraining order against him and every time he would try to see his daughter she wouldn't let him so how was he supposed to pay child support to her. He ended up taking the mother to court for rights to see his daughter. In result, out of spite the mother told him that she was going to get him for child support and he didn't really care because he felt that he should have been paying child support to her. They started taking the child support from him which was fine, and then he got a bill in the mail that he owed 20,000 dollars in back pay. He doesn't know how the amount is so much when he used to pay child support in the past. How was he ever supposed to pay the child support to her when she wouldn't even talk to him or let him come near his daughter. He had to take the mother to court just to see his own child. When he called the support services they told him that she never closed the case of child support, she just put a temperary hold on it and that she called to reopen it and he owed all this money. He was never informed that that child support case was just put on hold and that he still should have been making payments to the child support office. I want to know if there is anything he can do to fight this back pay in child support. He called the child support office and they don't care what his story is and they are not trying to help him out at all. I want to know if he has rights in this situation.
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Sep 8, 2010, 06:09 PM

    First off he knew something was going on when they stopped taking it out of his check. And he could have been sending her checks through registered mail. He shouldn't have withheld child support because of problems he was having with the mother. Also he should have contacted the child support office and get to the bottom of things since this first occurred. If this is a California case then they are going to charge 10% on what he owes. Another thing is that he will get no tax returns and will have to stay in this country as his passport will be revoked if he has one and he can't get one at this time. If he gives them any trouble and it may have already happened they may have suspended his drivers license already.

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