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Child Support

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leech

Member
What is the name of your state? California

I believe I saw a simiar post but it wasnt about Back Pay.....

If I were to marry a man whom owed a good amount of money for Child Support Back pay, would part of my income be garnished? My monthly wages, or only if him and I file our income taxes jointly?

Also could my wages be garnished for the current Child Support?

Note: he is employed.

Thank you for any helpful information that you can provide.
 


dequeendistress

Senior Member
He is liable for the support, You are not.

Congrats on the wedding.

By the way, you may want to check the penalties for non support in your state. Just so you are aware what may happen to your soon to be hubby.
 

leech

Member
dequeendistress said:
He is liable for the support, You are not.

Congrats on the wedding.

By the way, you may want to check the penalties for non support in your state. Just so you are aware what may happen to your soon to be hubby.

Penalties for non support....enlighten me. Im not trying to be sarcastic by the way. He has been paying his back pay as well as current Child Support. I was just wondering how it would effect me.

Do you have a link by any chance where I can find this info....I looked here http://www.acf.dhhs.gov/programs/cse/fct/cshdbk.htm But nothing.....
 

dequeendistress

Senior Member
You state he is paying his back and current support on a regular basis, then disregard what I said about penalties for non support. I assume that he is paying the arreage at the set amount the OCSE requires.

I have no link currently, sorry.

In most states failure to pay CS can resort in:

Loss of Driver's license, tax refunds, passports, and result in jailtime etc.

I believe you posted that he is in the process of having the custody changed, it would be to his best benefit not to have arrears in C.S. when he goes in front of the judge reference the custody changes.
 

leech

Member
dequeendistress said:
You state he is paying his back and current support on a regular basis, then disregard what I said about penalties for non support. I assume that he is paying the arreage at the set amount the OCSE requires.

Yes he is currently paying the amount required.


I believe you posted that he is in the process of having the custody changed, it would be to his best benefit not to have arrears in C.S. when he goes in front of the judge reference the custody changes.

I DOUBT he will be able to pay his arrears in CS by the court date. He owes quite a bit and this stems back to him being, "Locked up." Lovely huh? =/ So according to my knowledge Child Support is calculated by the amount someone brings home. If he wasnt working or making any money....how is it that he owes 22, 000 in backpay? Is there some way he can appeal that?

The existing custody is being modified. Currently they have joint custody so Im guessing the fact that he has 22,000 in backpay wasnt relevant enough for the judge to grant him joint. Now that hes fighting for full custody will his backpay be significant to obtaining full custody?
 

dequeendistress

Senior Member
I don't want to say that the back pay will not be an issue.

He owes $22,000 in back pay and was not working...was/were the child(ren) receiving benefits from the state, this may be why the amount is so high. (I am under the assumption there is one child, but am uncertain)
 

leech

Member
dequeendistress said:
I don't want to say that the back pay will not be an issue.

He owes $22,000 in back pay and was not working...was/were the child(ren) receiving benefits from the state, this may be why the amount is so high. (I am under the assumption there is one child, but am uncertain)

She has a child with another man and 2 children with my boyfriend. He has been paying for one of the children since she was born BUT not the other little girl because of his legal problems (he owes back pay for the 6 year old) . And yes I believe the childrens mother was receiving state aid, which may be the reason the arrears in CS is so much?

The child she has with the other man, re-married and my boyfriend mentioned to me that he wasnt employed and his new wife was paying the Child Support.....thats why I was curious if I would have to pay.

Thanks again.
 

dequeendistress

Senior Member
The reason the woman is paying the support her husband is liable for....my guess, to keep her husband out of trouble. ;)

But I doubt very seriously the court told HER to pay HIS support.
 
O

oneandonly

Guest
Just an FYI

The support payer, ie, your fiance, can request from CSE a complete print-out (if this is how support has been paid-through them) and an audit showing all info on support payments, etc.....
this might clear up where the 22K came from.
It is highly likely that the amount stemmed from welfare but at least with a request for a print-out, you can find out for sure. I highly recommend this for anyone in CA due to many discrepencies we found either by claims from the other parent or some mistakes from the agency itself. Now, whether you can do anything about those mistakes is another story....
good luck
 

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