Child Support question- can you have open cases in 2 states for the same kids?

Question

My bf has 2 children from his previous marriage. They no longer live here in our state, they live in Indiana with their mom. Recently we have been receivning notices in the mail from Indiana that they were going to take his tax returns for past child support. The thing is that he has an open case for those children here, where he pays faithfully every two weeks from his paycheck. Indiana says he owes like 4 grand, MN says he owes 3 grand. (with no late payments!) Is it possibly for Indiana to take his taxes even though the case is set up here in MN, and he is never late on payments?
I didnt think you an legally open more than the original case (which by the way- he opened because he wanted his children to be take care of!), but i was unsure if that were a possibility. Does he have any rights?

Just updating- when i called to get info it was because she had decided to get public aid in Indiana, and tried to say that she wasnt getting anything (even though it is court ordered!) So in two counties that she tried to get aid in they think he doesnt pay. We sent a letter with the court order to Indiana. MN doesnt have him on tax witholding, just Indiana (even though like i said, he started the case up here on his own) his ex took the kids to Indiana to spite him. Indiana then turned around and sent us another tax holding letter.

Answer 1

Consult your attorney. Some things to check on though, are you getting the letters from IN from a court there or from a child support collection agency? My guess is the ex filled a child support collection agency there and not with a court there. If the letters are coming from a court in another state then you need to very politely send them a letter by certified mail showing that the case is currently under the Jurisdiction of MN and that payments are being made. If the letters are form an agency send them the same thing, just not so kindly. I hope this helps.

Just my 2 cents worth

Answer 2

There is a lot of legal loop holes. If he isn't going through a state childsupport collection agency, then they will find that he does owe. I recently went through the samething. The state I moved to said my ex owed 10,000 in back child support because there was no record of him paying it. He had paid it through direct payment to me from his work. The state here has only the right to collect the childsupport, but can not change it or modify it. The state where we originally got a divorce still has jurisidiciton even though neither of us live in that state. The state refuses to give up jurisdiction no matter where the kids live. So it's a very tricky situation that an attorney can best help you with

So techincally there are not two cases, Indiana is just collecting the support. They may have it where to collect food stamps/what not, there must be proof of childsupport through the local enforcement agency.

He has a lot of rights. One.. talk to a family attorney to get him representation. Second, have his employer sign an affidavit that support has been taken out of his paycheck or he can supply his paystubs to the courts of both states. The state that the case was originally opened in is the one with jurisdiction. That is where he needs to go to clear up the childsupport issue. Secondly, the mother of his other two children should have an order to withhold issued through the childsupport enforcement agency so that there is record of his payment, as well as she should sign a form stating that he doesnt owe any back support.

I've been through this just on the opposite end. The BEST thing to do is to contact the local Court house that handles the case and also contact an attorney for a counsult. This isnt something that he should try to resolve on his own. There is alot of paper work involved to get this matter settled. As long as he has proof that he has paid it will get cleared up.

There can not be 2 cases on childsupport/visitation. One state has the jurisidiction, and another state can enforce it. But they are the same case being handled by two different states. If that makes sense to you. I'm not sure how payments were set up , but there should be some record, checks, paystubs etc. And yes they can take tax returns, however it does take a lot to get that to happen, it's a pretty costly expense for her to get it that way.

Just get an attorney and discuss it with them. But if you have proof you've paid you can get the issue resolved. And also get it set up so that an agency handles the childsupport, this way there is a record of it other than through pay stubs.
***
your update...that is what i thought happened. Also, if there is a case originally where your bf lives, and his wife took the kids without permission, he can also go after her for contempt of court. Leaving with out permission in most states is illegal. That is something to discuss with an attorney too. (i've been through all this) Seriously, this is a real issue an attorney needs to handle. they know the paperwork to send and how to resolve it. Plus they cant issue a tax withhold, only a withholding order for childsupport....GET AN ATTORNEY

Answer 3

Get a lawyer fast. This is a jurisdiction issue. Typically, you are not supposed to have two cases for child support open at the same time. Jurisdiction of child support goes under the laws of which ever state the children are legal residences of. The outstanding notices will definitely cause a problem. That's why you need a lawyer to file an petition for injunction to sort this crap out.

Answer 4

If he has a past due of anything, even 5 bucks, in another state they can withhold any moneys to be payed.
So, say he only owes in idiana but not im mn. They can keep it to pay indiana until its fully payed off regardless if he is current or not. My advice is to not stop paying your currents. Eventually his past due will get payed off and then they cant keep your tax returns.
They are not opening another case. They are just informing you that you will not be recieving a tax return so you dont freak out when you dont get your taxes back.