Child Support Arrerage

[LBoldt]

What is the name of your state?What is the name of your state? MI

Two years ago, my Husband was served paternity papers and found to be the father of a 4 year old child, that was the result of a 1 night stand while seperated from his first wife. The mother of the child knew all along that my husband was this childs father but had no intentions of telling him until the courts made her disclose the information, because she is on welfare and they threatened to cut off her state provided assistance. As a result of her not telling my husband about the child, my husband now has an arrerage of $18,000 given to him by the county. I/We have no objections to paying support for this child, but from the time the paternity test was given, not for the 4 years he was robbed of getting to know his son Why is he held responsible for the first 4 years when he never knew that the child existed? The mother knew all along and could have told him when she found out she was pregnant, that would have avoided any arrearage. She should be held accountable, for withholding this information, not him. Any advice would be greatly appreciated, because we cannot afford an attorney at the present time because we are paying additional monies monthly toward an arrearage that I/We feel is inappropriate. Thanks.

 

[LBoldt]

yes, the child support order was set up immediately after paternity was established. We have been paying the mother her support for almost 2 years. However they gave her retroactive support from the time of birth (he was 4 years old the same month we got the results from paternity test), and of all things also charged my husband $3500 for the hospital bill for half of the birth. This year my husband was informed by both the federal and state government that a 1/4 of our income tax would be confiscated (1/2 of his 1/2) because of this arrearage. I don't know how the county can keep doing things like this, when he truly didn't know about the child) To make matters even worse. My husband wanted to adopt MY daughter, who he has raised since she was 18mos. The state will not allow him to because of the arrearage. I don't really know how long the mother has been on welfare. I only know that she was on it when my husband was served the papers, and that the county made her disclose the information. Until then, the boy was taught to believe that another man was his father. Like I said before, we have no objections to paying child support for him now. But we have major issues with the first 4 years. With an $18,000 arrearage, the gov. may want his income tax every year. Where is the justice?

 

[critterperson]

yes, the child support order was set up immediately after paternity was established. We have been paying the mother her support for almost 2 years. However they gave her retroactive support from the time of birth (he was 4 years old the same month we got the results from paternity test), and of all things also charged my husband $3500 for the hospital bill for half of the birth. This year my husband was informed by both the federal and state government that a 1/4 of our income tax would be confiscated (1/2 of his 1/2) because of this arrearage. I don't know how the county can keep doing things like this, when he truly didn't know about the child) To make matters even worse. My husband wanted to adopt MY daughter, who he has raised since she was 18mos. The state will not allow him to because of the arrearage. I don't really know how long the mother has been on welfare. I only know that she was on it when my husband was served the papers, and that the county made her disclose the information. Until then, the boy was taught to believe that another man was his father. Like I said before, we have no objections to paying child support for him now. But we have major issues with the first 4 years. With an $18,000 arrearage, the gov. may want his income tax every year. Where is the justice?

Do you know when the case actually opened - Initial filing? Did your husband move away, and need to be located to obtain a paternity test? In some cases it can take months to do a paternity test even if you know where the suspected bio dad is.........If this woman did not know where your husband was or played dumb with the state, it could take substantially longer to locate him for the test.......... So lets say for example: Bio mom went to state in 2000 after having baby in 1998, seeking child support from bio dad but she did not have a current address......The state will try to locate him for the testing say they find him in 2002.....he is ordered to take the test.. Comes back that he is the father and is ordered as the NCP to pay child support. In Illinois it is rule that if the paternity action is brought within 2 years of child’s birth the bio dad is responsible for retroactive child support from the time of birth and 1/2 of labor and delivery.Also if your husband is current on his child support (arrears calculated in) I don't think they can take his refund unless he isn't paying at all. Although he won't be able to claim the child while arrerages are on the books. (thats how it works in Illinois) If I were you I would contact an attorney and get a free consultation---for $18,000 it's worth a try. But given fair warning, even men who challenge paternity and win have an impossible time getting their arrerages waived..........Good Luck!