Child Support issue

[eeyora]

My sons father contacted me after 12 yrs and wants to offer a settlement of 15,000. towards child support arrears, of which he owes 33,000. The 15,000would be to clear his total debt and I would have to sign something so I would never see the remaining money. I asked for 20,000. he said his family is loaning him the money and he cant get any more. We could use the money but not desperate I am afraid if I dont accept it we wont get anything but I also think he could be better off then he says and just does not want to pay. Help

Just wanted to say thanks and let everyone know that I took the money and was able to get some land signed over to my son also.The D.A. said I was lucky that she has alot of cases that never get anything.Now I dont have to think about this ever again.

 

[goodeats]

If it were me, I would take it. Who knows if you'll ever hear from him again? 12 years is a long time. Just make sure that he's not considering the $15K a 'settlement' of the $33K .

 

[delmar411]

My sons father contacted me after 12 yrs and wants to pay 15,000. towards child support arrears, of which he owes 33,000. I asked for 20,000. he said his family is loaning him the money and he cant get any more. We could use the money but not desperate I am afraid if I dont accept it we wont get anything but I also think he could be better off then he says and just does not want to pay. Help

no matter what he pays he will still owe the remaining. Take the 15 and he will still owe 18. 15 is tons better than zero!

 

[ameraumi]

It sounds like maybe he was contacted and is trying to pay to avoid any action being taken. Is your CS paid thru the courts? If so, he'll want to make sure to pay it there so it is recorded.

If someone was willing to pay that large of an amount all at once, I would not be negotiating how much they were paying. Be very thankful you are getting it!

 

[lisajl]

What does he want in return? Does he spend time with his children?
If you take it put what you can into a high yielding savings account just in case he does not pay you the rest.

Good luck!
Lisa

 

[kellyg403]

Definitely take the 15K with the understanding he still owes the rest. I understand the not being desperate part but your son and you deserve whatever help he can give. Even if you are just putting it away.

Kelly

 

[eeyora]

He is giving me the 15,000. and wants to call it clear on the 33,000. If I dont accept that he wont give me anything.

 

[shoegirl1020]

I agree to take the money and run. However, I'm wondering if he has some sort of lawsuit pending. They past a federal law which requires insurance companies to run the social security number of any person who settles an insurance claim (personal injury, workers' comp) through a fedreal clearing house looking for support. Most states also can intercept tax refunds and bank accounts if the deadbeat owes over a certain amount-which I beleive is only $1,500.00. Hey, wait a minute, do you think he won the lottery? they also will take lottery/gambling winnings.

So, you can take the money, knowing that he may be hiding something.

 

[ameraumi]

He is giving me the 15,000. and wants to call it clear on the 33,000. If I dont accept that he wont give me anything.

I guess it depends on how badly you need/want the money. Until anything is filed in the courts, he will still be responsible for it. I would not be willing to let over half of it go, since it is money that is supposed to be help raise your child.

Is there a court order?

 

[ameraumi]

I agree to take the money and run. However, I'm wondering if he has some sort of lawsuit pending. They past a federal law which requires insurance companies to run the social security number of any person who settles an insurance claim (personal injury, workers' comp) through a fedreal clearing house looking for support. Most states also can intercept tax refunds and bank accounts if the deadbeat owes over a certain amount-which I beleive is only $1,500.00. Hey, wait a minute, do you think he won the lottery? they also will take lottery/gambling winnings.

So, you can take the money, knowing that he may be hiding something.

The amount is $500 in arrears, and the Fed as well as the state can intercept that money (lawsuits, lottery, tax refunds). I know I have received tax refunds from DS's bio-dad because of his arrear amount.

 

[ldb1030]

He is giving me the 15,000. and wants to call it clear on the 33,000. If I dont accept that he wont give me anything.

How could he not give you anything if it is court ordered!? Why are his wages not being garnished?

 

[disneyfreakk]

from http://www.child-support-collections.com/support-laws/nevada-child-support-law.html



"Wage garnishment for child support payments:

Most states, including Nevada, have a provision for withholding child support directly from the earnings of the parent who has been ordered to provide support. It is withheld much like income tax is withheld from earnings payments.

This way of paying and receiving child support is generally easier for both parties and considered a very dependable solution. The way it typically works is, once the support is withheld, it is then sent to the state agency authorized to receive and disburse payments. Once it has been verified that the support was paid, it is then sent to the parent designated to receive the support. "


Tell him tough luck and have his wages garnished!

 

[delmar411]

He is giving me the 15,000. and wants to call it clear on the 33,000. If I dont accept that he wont give me anything.

Tell him once he's got the money in hand you'll talk. Why? Because once it is in his bank acct, you can have the courts seize it. Figure out which child support office you need to go through to do it but they will help you have everything in place to get it as soon as it hits his bank acct.

I have zero sympathy for dead beat dads, he's not behind a few hundred cause finances are tight, yk? Also once the money is seized, your courts should issue an arrest warrant for being in arrears and if he doesn't pay up then they put him in jail.

Yeah I'm a meanie but every penny of that 33k needs to come to you to help support your son.

 

[BelleBeautyandtheBeast]

He is giving me the 15,000. and wants to call it clear on the 33,000. If I dont accept that he wont give me anything.

I am far from an expert but I don't think he can do that. He would continue to owe the balance. I think the only way he can change anything is to take you to court, even then I doubt a judge would think $15,000 is acceptable.

My ex paid me once in cash because I was desparate for the money (the house payment was late and around here it takes about 2 weeks to get CS by the time they process the payment). It was a MAJOR issue with the child support agency. We had to both go in to the child support agency, prove who we were, sign several documents stating the amount of money given and have it notarized. After all that a judge had to approve it. (Just in case he was thinking about paying you $15,000 in cash and having you tell them he paid all $33,000.)

At the point that he owes so much it has to be affecting him. I know here you lose your drivers license if you owe more than $3,500. You also cannot get a passport if you owe more than $2,500.

He will always owe you (& your son) that $33,000. Child support debts cannot be erased. Although he claims he will not pay you anything if you do not accept his little deal, he still owes you that money.

Could you contact legal aid for a lawyers opinion? Whatever you do just make sure all of your bases are covered.

 

[eeyora]

His wages are garnished he moved around alot so they had trouble finding him.
He said he just had surgery and wont be able to pay anything because he is on welfare so if I dont take this I wont get anything. I had been getting money for the past 2 years and now I havent rec. anything for 2 months. I just think its strange no contact for 12 yrs not even a b-day card for my son and now he can come up with this money.I dont think he would have the money deposited into his account he would have someone else send it to us. sons father has lied in the past about assests.

 

[disneyfreakk]

I wonder if his back child support is messing with the amount of welfare he is getting?

 

[ameraumi]

Did you get his phone number? If so, then turn that over with the information you have to the child support office.

Something just doesn't add up. I do believe they have caught up to him and this is his attempt to get out of trouble.

 

[PaMom001]

I know this lady, we used to be very close but our relationship has cooled. Her ex owed her about the same amount you have due to you. She got remarried in Oct. '06 and the new hubby will be adopting the 2 kids. She was talking about writing off the money the ex owes. I think she's nuts. He brought those kids into this world, he needs to support them.

I agree with previous posters. Turn over whatever info you have on him to your local child support agency.

 

[summerrluvv]

I wonder if his back child support is messing with the amount of welfare he is getting?

..or he's trying to file bankruptcy and can't do so because he's behind on his child support.

How old is your son OP? It sounds like you went through your state's child support division, and I don't think you are in a position to negotiate. I think even if you accept it, the state will still go after him for the arrears, and he would still be obligated to pay all future child support until the child is 18 or 21, whichever your agreement calls for.

 

[kellyg403]

I wonder if his back child support is messing with the amount of welfare he is getting?

More than likely this is the case. If the child support is going through the state to begin with...meaning your local/state child support office it won't matter anyway if you say he doesn't owe after the 15K payment. They won't wipe the slate clean. He will still owe, they will still come after him. My oldest son's dad was always behind. Soon as ds turned 18 he thought he was through paying the child support. NC made him pay until all arears were over with...ds is 23 now and the last payment was in Dec. '06.

I would definintely speak to someone handling your case to see if you can even do what he is asking of you. As for this or nothing, well that is yet to be seen. He will always owe and the gov't and states are coming up with more ways to get that money than ever before.
Kelly