Can They Do This? Child Support Question

[mtblujeans]

OP, I think you're going to be sorry you asked here....I don't think people are getting it. But, I wish you the best of luck with the state.

ETA: DH suggests asking Baucus to Tester to help with keeping the state help open.

 

[aggielawyer]

I worked for child support in TX for 7 years...while I don't know you're states child support procedures, I suspect that if you call on Monday morning you will be able to clear it up. It sounds to me like a way for them to close cases that aren't active anymore (to stay in line with Federal guidelines) but I have a very strong feeling that if you call there is a way to stop your case being closed. If you don't get anywhere with the person you initially talk to, then keep moving up the chain of command until you get someone who will listen.

In TX a private attorney can enforce child support, but they have no control over whether the AG keeps their case open. So I don't think hiring a private attorney would help you here. As for the IRS intercepts, those are submitted by the states to the Feds on any obligor that owes more than $500 in arrears. So you would need to have your case open in order to keep getting that money.

 

[GOOFY4DONALD]

I worked for child support in TX for 7 years...while I don't know you're states child support procedures, I suspect that if you call on Monday morning you will be able to clear it up. It sounds to me like a way for them to close cases that aren't active anymore (to stay in line with Federal guidelines) but I have a very strong feeling that if you call there is a way to stop your case being closed. If you don't get anywhere with the person you initially talk to, then keep moving up the chain of command until you get someone who will listen.

In TX a private attorney can enforce child support, but they have no control over whether the AG keeps their case open. So I don't think hiring a private attorney would help you here. As for the IRS intercepts, those are submitted by the states to the Feds on any obligor that owes more than $500 in arrears. So you would need to have your case open in order to keep getting that money.

Thanks for the reply. There is no way ex would pay child support if it wasn't taken from his paycheck (that is why he changes jobs numerous times a year and I get a couple of payments a year). I will call Monday and hope I get some good answers and end this.

 

[Leajess99]

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 be calling first thing tomorrow morning and talking to them about this. Do not let it slide and make sure they know that you will take it to whatever level you have to in order to make sure your child is supported. That sounds like they are trying to mess you over.

 

[Altoqueenkelly]

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.

I agree!

 

[mtblujeans]

I agree!

Please explain: what do you think an attorney would be able to do??

 

[ClarabelleCowFan]

Good luck, OP. Contact the Child Support enforcement office first thing Monday. I wouldn't contact an attorney until you have exhausted all avenues of finding the answers yourself.