Should my husband still pay child support for his kids that are living with us?

Question

My husband had his son living with us for 2 years,and he has paid child support all this time to his ex.Just recently his daughter now has moved in with us about 3 months ago and he is still paying.His ex does not help in any way shape or form with his kids and hasnt bought them nothing for christmas or even on their birthdays.The child support office also garnished his tax refund from last year,and probably will again this year.We turned in updated info to the CS office,but still,no response.any suggestions?

Answer 1

yeah, i suggest you get your court order reviewed for changes... the question is, why havent you yet?

call your caseworker and ask to schedule a hearing because of changes/custody changes.

it will be reviewed and adjusted. if they have not responded in a reasonable time, dont call (calls get nowhere with most agencies) fax only. then it was proof it was sent/recieved.

one more thing, most courts are backlogged, some taking months for a hearing. so no matter what, it will all be adjusted.

if still no response, contact your Regional Federal CS Office (link is below). fax them a letter; your contact info, your case number and a short blerb about your changes as well as how you have tried to resolve it by contacting your caseworker (dates). ask them what can be done about it.

Also contacting your states Attorney General's office can put heat on the case as well.

Calculator; just click on your state and fill it in for general amount she will have to pay for her kids.

http://www.divorcelawinfo.com/calculators.htm


Gov, Attorney General and Rep info:
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml

More:
http://www.ncsea.org/
http://www.nfja.org/index.shtml
http://family.findlaw.com/child-support/support-basics/
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/

http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html

Answer 2

I imagine this was court ordered child support. I would go to the courts to see if things can be changed. If his tax return was garnished, he is behind on child support. Maybe he had to get on his feet in the past and couldn't pay at first. That is the only reason they would take any money from a tax return. Keep on CS and ask them what you need to do. Do not get off their backs on this. If he owes past child support, he needs to make that up, but I don't see why he should pay her for support for anything current if he has the children.

Answer 3

Then he needs to get a lawyer. They will straighten out the mess the courts seem to be in. He will know what proof you'll need to verify they are now both with you. As for the money he has already paid out, that is gone since nothing was done legally. It doesn't matter whether or not she buys them anything, but the courts can now order her to pay child support.

Answer 4

My husband and I had an identical situation with his ex, but ours was for six months. I will tell you from personal experience that you should not walk, but run to the best lawyer you can find. This is a potential time bomb that continues to grow. I urge you strongly to act swiftly before you have to live the chaos that I did!

If the CS office is still taking the money that means they have a court order to do so. And that same document usually states the payee is the custodial parent. If a custodial parent walks up to your door with the police, you will have to release the children to them. It is heart breaking. Please protect these children and yourself legally.

Answer 5

If he is paying his support, why is the feds take his taxes?
Sounds like he (maybe unbeknown to you) might not have been making all the payments that he stated.
Whatever the case is with that, you must go back to court and get an amended order. Depending on the kind of woman she is, you might have to decide if you want the kids more than the money since she might decide to keep them if you cut off her gravy train!

Answer 6

Keep nagging the Child Support office!!! One of these days that office will get it right. Good luck!!!

It might be an option to get a lawyer involved, I'm guessing it will be fast than that Child Support Recovery!!

Answer 7

Take the ex wife to court that is usually what you do in cases of child support. A judge is the only one who can rule on it and sounding from your situation I think a judge will rule in your favor and have the ex wife pay your husband child support.

Answer 8

Get a lawyer, head back to Family Court and ask for a reduction (or elimination entirely) in the amount the ex recieves. She is not entitled to recieve support for children that she doesn't care for and who are not living with her. Good luck.

Answer 9

Legally it should be the absent parent paying child support. tell him he has the right to stop making payments, and to inform them of the change again when they contact him. tell him to type a written letter and mail it to the child support center. By law the mother has to start being the one to pay child support if she is working and the kids live with your husband. tell him to file for child support against her. karma is sweeeet some x's and she has been taking advantage of YOUR husband.

Answer 10

See a lawyer and fast. The Child Support office is going to keep dragging their feet. Been there, done that. Though, it won't hurt to keep baggering them.

Good luck.

Brace yourselves for a long battle.