Check out some similar questions!

betdav · Oct 19, 2009, 03:09 PM

Hi. My stepson just turned 18. The child support ordered is being terminated because his mom did not turn in proper documentation that he is in school. We have just been told that if she now turns in proper documents my husband will owe back support. Is this correct? He was told the best thing to do is to try and contact her so it doesn't effect him. This is so messed up Please help.

JudyKayTee · Oct 19, 2009, 04:14 PM

If your husband went to Court to get an Order terminating support, he does not owe back support.

If he simply stopped paying, he does.

What State and which situation?

betdav · Oct 20, 2009, 02:28 PM

The child support agency sent a letter to his employer stating the order is terminated and to no longer withhold it from his check. The agency told my husband that if she turns in the documentation that he is school and his graduation date that the order will be put back in and it will show he is behind from the date that it was terminated until the time it started again. We are not for sure if my stepson is in school or not. He has been in and out of trouble and never has attended school on a regular basis. He was enrolled in an alternative school. We live in Wi.

JudyKayTee · Oct 20, 2009, 02:32 PM

YIKES! That is not legal advice. That's just shock escaping from my lips.

Well, if that's what the Court said I'm sure that's how the Law is written... but it sounds like the person paying support doesn't have a chance!

Let me check on the Law and come back - okay?

s_cianci · Oct 20, 2009, 03:58 PM

It depends on the laws and procedures for your particular state. If the laws of your state are such that the obligee needs to provide specific documentation, such as verifying school attendance, in order for child support to continue beyond age 18, then my guess is yes, if such documentation is presented then back child support from the time the child turned 18 until the time the relevant documentation was filed with the court will be due and payable.

ScottGem · Oct 20, 2009, 04:09 PM

If the agency stopped the support, I'm not sure they can reinstall it retroactively. That would be up to the court to rule on that.

cdad · Oct 20, 2009, 07:59 PM

Originally Posted by ScottGem

if the agency stopped the support, I'm not sure they can reinstall it retroactively. That would be up to the court to rule on that.

If the courts ruled it retroactive then that would be the wrong decision by the courts. If the child has reached the age of majority and the mother refused to return any paperwork then the deadline was clear. If the order has been stopped it can't be reinstated. The child would be an adult and you can't claim child support on adult children unless it's a continuation of support coming from special needs. To me it seems to fall under the same category as if the custodial parent never files for child support then after the child reaches majority then want to file for it. We all know that doesn't work.

stinawords · Oct 20, 2009, 08:27 PM

Out of greenies but I see it the same way calif does.

ScottGem · Oct 21, 2009, 09:33 AM

I didn't say the court would reinstate, ;) Just that it would be up to a court to do so!

betdav · Oct 21, 2009, 02:53 PM

I also thought a new court order would have to be put in but the agency says no the old one will be reinstated and back support will be owed. It comes down to the laws don't work for the people trying to do right. If she didn't meet the deadline that's her problem. But I guess it's actually my husband's because if he doesn't get if fixed he will be the one paying. The extra money that will be on his check will have taxes taken out but if he has to pay back support he has to pay the full amount which means he has to come up with the $80 or so to make up the difference. Also after $500 is due of back support the state takes your taxes. The case worker at the agency says it's not right but that's the law. It doesn't work for people that do the right thing.

cdad · Oct 21, 2009, 02:59 PM

Originally Posted by betdav

I also thought a new court order would have to be put in but the agency says no the old one will be reinstated and back support will be owed. It comes down to the laws don't work for the people trying to do right. If she didn't meet the deadline that's her problem. But I guess it's actually my husband's because if he doesn't get if fixed he will be the one paying. The extra money that will be on his check will have taxes taken out but if he has to pay back support he has to pay the full amount which means he has to come up with the $80 or so to make up the difference. Also after $500 is due of back support the state takes your taxes. The case worker at the agency says it's not right but that's the law. It doesn't work for people that do the right thing.

Whoa.. I see a lot of problems here with what your saying. For one thing the agency has no right to tell you anything at this point. That's up to a judge. If the order was canceled then that's exactly what had happened. They can't turn an order off and on like a lightswitch. Its either inforce or not period. If the arrears are more then lawyer fees then I would fight it and the upcoming support order. The person from the agency telling you these things should be fired!!

betdav · Oct 21, 2009, 03:11 PM

The worker at the agency agrees with us and has went to her supervisor and that is where the info is coming from. She also said that people have tried to fight and lost. I don't understand how if an order is terminated shouldn't the court have to issue a new one. I don't know if we should contact a lawyer to see if what the agency is saying is true.

cdad · Oct 21, 2009, 05:12 PM

YES.. contact a lawyer. Child support collection agencies lie all the time and believe they are above the law. In many cases the worker handling the case is making minimum wage and has no idea what the laws really are. Its an insane process.

ScottGem · Oct 21, 2009, 05:31 PM

Originally Posted by betdav

the agency says no the old one will be reinstated and back support will be owed. It comes down to the laws don't work for the people trying to do right.

I would not trust the agency to quote the law here. I would either consult with an attorney or try to get a statement from Family court. At the very least tell the agency to cite you the statute or regulation to support what they are telling you.

cdad · Oct 21, 2009, 05:50 PM

Originally Posted by ScottGem

I would not trust the agency to quote the law here. I would either consult with an attorney or try to get a statement from Family court. At the very least tell the agency to cite you the statute or regulation to support what they are telling you.

Out of Greenies but has to be said: Amen!!

stinawords · Oct 21, 2009, 07:42 PM

I completely agree with Scott!!