Question about child support -especially Arkansas...?

Question

Here's the story. I had a child in 1990. The father didn't want anything to do with the baby. He said the baby wasn't his. I had a blood test and DNA test done, and the Dept of Human services did a child support order for $40 a week. He paid it a few times. In 1992 I married someone. After we'd been married a year, in 1993 he adopted my child and the child support order was discontinued. Last week my child turned 16 years old. I got a letter today from the Office of Child Support Enforcement saying that I owe the natural father a refund of $129 dollars and if I don't pay it back they can take it from my state tax refund. Are they asking me to repay the child support he payed me because of the adoption? Is there no statute of limitations on child support overpayment - if that's what it is? I'd like to hear your input because I don't think I owe that man a dime!

OK let me clarify...He rarely paid me any child support, and NEVER after my husband adopted my child. I was asking if the adoption was the reason why I need to pay him back. This was not welfare money. This was actual child support that this man paid. I hope this clears things up for everyone.

Answer 1

You had a legal order for him to pay support and he failed to do so--that is why your husband was granted adoption of your child. Once your child was adopted--the boys father's obligation to pay ceased. Unless you agreed to dismiss the arrears due to you-he would still owe you that $. Are you sure it was a letter to you or a copy sent to the boys' biological father. Here is the AR website:

http://www.arkansas.gov/dfa/child_support/ocse_index.html

it may just help to call the office where your order is and ask. I've never heard of a custodial parent being subject to tax intercept.

Answer 2

I'm in Michigan, but we have a county legal services, and friend of the court, that deals with child support.

A simple letter, phone call or office visit would probably get your question answered.

Also, take proof of the time he did not pay, he still owes you. It really is on record somewhere. I am aware they can help in my state, I hope in yours also.

Basically it just sounds the the bio. father just filed a claim, I'd be angry enough to dig up the papers or do paperwork to get it found the the system to counteract it.

good luck

Answer 3

You need to contact Support Enforcement and sort this out with them. If what you say is true, HE owes YOU for all the weeks that he failed to pay over the three years or so that he was liable for payments. Did you ever report him for non-payment? If you didn't, you should have! The burden of proof should be on him to show that he did make payments. If not, he owes you and they can enforce it.

Answer 4

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Answer 5

Q: Are they asking me to repay the child support he payed me because of the adoption?

A: You owe this money to the taxpayers. Pay it.

Answer 6

i think its money he paid after the child was adopted and if that is the case you owe it back to him whether you think so or not and they will take it from your tax refund.