My children are 25 & 23. My ex and I are good friends. We both want to handle the arrears I owe ourselves without the counties interference. There was a time we lived together and I paid her $5000.00 over 8 months that they never subtracted because we cant remember dates and I paid in cash. The county has taken my drivers license because I have been unemployed for 6 months. The interest on my arrears is $165.00 per month. We tried to work with them but they keep putting obsticles in our way. I have been turned down for a job because I have no drivers license. What about my right to work, to live and my freedom?
2007-12-19 05:47:52 · 8 answers · asked by Timothy B 1 in Politics & Government ➔ Law & Ethics
Check with children's services. Usually an affidavit from her stating you have conveyed goods,services, cash or value to erase the arrerage is enough for them to mark it paid.
2007-12-19 05:53:01 · answer #1 · answered by wizjp 7 · 0⤊ 0⤋
It depends upon how the judgment is broken down. Sometimes aid was paid by the state for the support of your children and your ex had to assign her child support to the state for the privilege of receiving welfare aid. If that was the case then the arrears that are owed are owed to the state and not necessarily to your ex.
It could also be a combination in which the state and your ex are both owed arrears and again...if the state is owed money they will collect until the judgment is satisfied.
If the arrears that you owe are owed completely to your ex...and if she is willing...all she has to do is close her case with the child support agency and you can pay her direct. She will be told by the agency that if she closes her case that the agency will not reopen it as her children are now emancipated and a child support agency cannot open a case on emancipated children. She could of course seek to collect the balance through her own means...attorney or seeking a wage assignment on her own.
2007-12-19 13:56:24 · answer #2 · answered by malter 5 · 1⤊ 0⤋
"What about my right to work, to live and my freedom?" - You forfeited those rights when you got so far behind that you are more than $5000 in arrears. Additionally, if she received ANY public assistance then you owe the state for that as well.
"I have been turned down for a job because I have no drivers license." - Unless driving was a requirement of the job, this is not likely. There are other forms of identification such as state issued ID cards and passports.
It is good that you are trying to get caught up and I commend you for that.
If you only owe her, she may be able to provide a written statement to the court acknowledging receipt of the $5000. You may wish to consult a lawyer ab out the process.
2007-12-19 13:55:49 · answer #3 · answered by davidmi711 7 · 0⤊ 1⤋
Hey just what I went to college to study math for!
Lets see, you say that what you owe, plus 5000, is 1/3 of what they say you owe.
So, (x+5000) = 3x
or 5000= 2x
or $2500.
Your story doesn't hang together if you say interest is 165/month - that is >> 10% per month, and even if it doesn't compound, it is >>120% per years, far over any legal limits. Even loan sharks don't get that much!
I suggest making sure you have very careful accounting of everyone's position, and then present a united front to settle.
But they may take the position that the money was owed to your children as minors, not to your ex, and that you can't dispose of the debt.
2007-12-19 13:57:07 · answer #4 · answered by Barry C 7 · 1⤊ 0⤋
No, you can't cut out the state. They have to approve anything.
You gave up some of your rights when you had kids. And you have a duty to support them.
This is a lesson in making sure you make all payments through the state no matter what your living arrangements.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-12-19 13:53:27 · answer #5 · answered by scottclear 6 · 1⤊ 0⤋
Get a lawyer.
The absence of receipts, while a problem, is not fatal as long as the receiving parent is willing to stipulate to having received the money. Once that's been applied, then the interest accumulation will be recalculated without that sum.
NONE of this is simple, though, especially when the county is trying to get you to pay more, so you ARE going to need a lawyer to deal with it.
Richard
2007-12-19 13:53:22 · answer #6 · answered by rickinnocal 7 · 2⤊ 0⤋
See if you can't get help from legal aid or a family law facilitator at the court regarding your arrears.
2007-12-19 14:26:28 · answer #7 · answered by lahockeyg 5 · 0⤊ 0⤋
here is what you do but don't tell her. pay what the county says.. she gives you the difference in cash. the county is satisfied. take the tax deduction and invest the difference. if the ex changes her mind later which she will, you are covered....
2007-12-20 10:30:09 · answer #8 · answered by Anonymous · 0⤊ 0⤋