Can They Do This? Child Support Question

[GOOFY4DONALD]

I received a letter yesterday from the state's child support enforcement division stating that my child support case will be closed in 60 days. They stated that I did not return the paper they sent proving I have health insurance for DD (I do have health insurance for her even though my ex is court ordered to provide it...but never has). I do not remember getting that paper but my life has been more crazy than normal lately and there is a possibility that it was lost...even though I am about 99% sure I didn't receive it. The letter states that any payment made after the 60 days will be returned to him. It also states many options (like closing it early) but lets me know I have no options to keep it open. My ex is ordered to pay 200.00 per month and is just under 10K in arrears. I don't get regular monthly payments but I do get his tax refund (which is about 500.00). If it wasn't taken from him I would never see a dime. When they close this I will never get another penny from my ex. I'm not exactly sure what to do. Any advice would be helpful.
TIA

 

[msmayor]

Contact your attorney, who is FAR more qualified to answer that question than anyone on a message board.

Folks here are well-meaning, but the laws in your state may vary and proper legal advice in this situation is important.

 

[mtblujeans]

You may have to refile/start over if they give no option to provide the paperwork again. I know Montana is weird in the way they "help". My DD has also gone thru the state and, even though they know where he is, they don't collect payments from him!

Contact the IRS and ask if they will still continue to send you his tax return if the state is not involved. You may be able to at least set that up and not lose it.

 

[GOOFY4DONALD]

Contact your attorney, who is FAR more qualified to answer that question than anyone on a message board.

Folks here are well-meaning, but the laws in your state may vary and proper legal advice in this situation is important.

Thanks but I would rather not contact my atty. The divorce has been final for 13 years and I really don't have an atty anymore. ALso I am mainly looking for advice and just some tips from anyone that has gone through something similar.

 

[GOOFY4DONALD]

You may have to refile/start over if they give no option to provide the paperwork again. I know Montana is weird in the way they "help". My DD has also gone thru the state and, even though they know where he is, they don't collect payments from him!

Contact the IRS and ask if they will still continue to send you his tax return if the state is not involved. You may be able to at least set that up and not lose it.

I am just wondering if I start over will it start at 0.00 even though I have proof he is almost 10K in arrears.

 

[java]

Thanks but I would rather not contact my atty. The divorce has been final for 13 years and I really don't have an atty anymore.

Time to get a new one!

 

[mtblujeans]

After more thought, if it was me, I would get back to her and ask her to verify that she sent out the request for health insurance information form and ask her to point out the statute that allows her to close your case under the circumstances she provides.

I would understand that if you could afford an attorney, you would have one and not ask the State of Montana to use their influence to help you in this matter.

 

[mtblujeans]

I am just wondering if I start over will it start at 0.00 even though I have proof he is almost 10K in arrears.

I would think not....they have documentation. But you never know....

 

[BelleBeautyandtheBeast]

Disclaimer: I am just an average citizen, my degree is not in law and I may be wrong.

It is my understanding that he will continue to owe you the arrears until it is paid in full.

The terms and conditions of Montana Child Support can be found here
http://www.dphhs.mt.gov/csed/application/application.pdf
It states that a case can be closed if you do not play by their rules.

The CSED is the one who intercepts the refunds, so I do wonder how that would be handled if they closed the case yet he was still in arrears.

An interesting article on federal reasons why a child support case would be closed (not sending in a paper about health insurance is not listed).
http://oig.hhs.gov/oei/reports/oei-06-00-00470.pdf
It does state that once you get the 60 day notice if you submit new information proving the case should be kept open then it will be.

I would call the CSED on Monday and see what they have to say.

Good luck!

 

[Altoqueenkelly]

Each state has different laws, You really need to contact an attorney, I know you dont want to have the added expense but you really cant just go on advise from this board considering we dont know your exact situation, and only an attorney can fight on your behalf (and have the knowledge to do so)

 

[mtblujeans]

Disclaimer: I am just an average citizen, my degree is not in law and I may be wrong.

It is my understanding that he will continue to owe you the arrears until it is paid in full.

The terms and conditions of Montana Child Support can be found here
http://www.dphhs.mt.gov/csed/application/application.pdf
It states that a case can be closed if you do not play by their rules.

The CSED is the one who intercepts the refunds, so I do wonder how that would be handled if they closed the case yet he was still in arrears.

An interesting article on federal reasons why a child support case would be closed (not sending in a paper about health insurance is not listed).
http://oig.hhs.gov/oei/reports/oei-06-00-00470.pdf
It does state that once you get the 60 day notice if you submit new information proving the case should be kept open then it will be.

I would call the CSED on Monday and see what they have to say.

Good luck!

Given this information, I would go ahead and send them the documentation you have health insurance for your child as well as calling them on Monday.

 

[ceecee]

Contact your attorney, who is FAR more qualified to answer that question than anyone on a message board.

Folks here are well-meaning, but the laws in your state may vary and proper legal advice in this situation is important.

 

[tmarquez]

You should bring the insurance information in to your local child support office as soon as possible and tell them you want your case to remain open.

It sounds to me like they are trying to close non-paying cases. These types of cases "count against" them, so that could be it.

The 60 day letter you received is sent out to insure you have time to contact them before it is really closed.

Keep in mind that if your child support is ordered through your divorce, that will remain a valid enforceable court order even if you do close your case with the state. You would just have to try to enfore it yourself (with a lawyer). I would keep it open and let them do the work. But the only way to stop a court order is to go back to court and have a judge stop it.

 

[GOOFY4DONALD]

Time to get a new one!

I still technically have 1 but she wants...and they all want...a 2500 retainer. For me its not worth it.

 

[mtblujeans]

My DD has gone thru Legal Aid, in the past, and they weren't really any help.

Any action you take after you call them will be determined by what they tell you over the phone, I would imagine.

 

[msmayor]

I still technically have 1 but she wants...and they all want...a 2500 retainer. For me its not worth it.

Just my opinion here, but penny-wise and pound foolish.

 

[maddiesmom0116]

I still technically have 1 but she wants...and they all want...a 2500 retainer. For me its not worth it.

Most people on the boards with the legal knowledge to answer your questions are bound to certain legal ethics and should not offer you legal advice and family courts in every state are different. You really need to retain an attorney, the $2500 retainer is just an amount of money kept in trust to be applied to legal costs, you get whatever is not used back.

In the spirit of the budget board.....
Find an attorney that charges paralegal and attorney fees, they are cheaper as paralegals can under their supervison fill out and submit the paperwork and it would be a much cheaper overall fee by limiting the amount of time your actual attorney is needed. Many times larger firms can be much cheaper then small firms because of this.

also... I am sorry you are going through this, my ex pulls crap on me ever so often too and it is the child that suffers. Good luck!

 

[*Seanaci*]

I agree with everyone who says find an attorney (or as the poster above me said, a paralegal).

I'm sorry, but if I were in that situation, the $2500 retainer would be worth EVERY penny to see that the case stays open and the ex continues having to pay child support and what he owes in back-child support. Even if my child were 16 or 17, it'd be worth it to know he has to pay back every penny he owes me and my child.

 

[Tinker'n'Fun]

I received a letter yesterday from the state's child support enforcement division stating that my child support case will be closed in 60 days. They stated that I did not return the paper they sent proving I have health insurance for DD (I do have health insurance for her even though my ex is court ordered to provide it...but never has). I do not remember getting that paper but my life has been more crazy than normal lately and there is a possibility that it was lost...even though I am about 99% sure I didn't receive it. The letter states that any payment made after the 60 days will be returned to him. It also states many options (like closing it early) but lets me know I have no options to keep it open. My ex is ordered to pay 200.00 per month and is just under 10K in arrears. I don't get regular monthly payments but I do get his tax refund (which is about 500.00). If it wasn't taken from him I would never see a dime. When they close this I will never get another penny from my ex. I'm not exactly sure what to do. Any advice would be helpful.
TIA

I would call Child Support Monday morning and get an appt. to bring the proof in. They said you had 60 days. I am sure you can get an appt. before then.

 

[pam95]

The laws of every state are different. You really need an attorney to advise you. If you can't afford the retainer, try contacting your local legal services office. If they are unable to help you, they might be able to refer you to someone else who can - maybe the local bar association's pro bono program, etc. If you have a law school near you, they might also have a legal aid clinic that could help you. Good luck.