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Father claims he doesn't know where I am

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  • Father claims he doesn't know where I am

    My sons father hasn't paid child support in about 5 years and when I called him recently, he said he didn't know where I was. I gave him a PO Box address five years ago because he was supposed to sned me money. Course I never got it and he claims that he doesn't know where I am. Is that a legitimate reason to not pay child support ? He now owes about $35,000.

    The last time I spoke with him, about 3 years ago, he said ho couldn't claim our son on his insurance because he didn't have his SSN, yet he claimed him on his taxes before we were disvorced. I think this is just bs to get out of paying but need legal advise.

  • #2
    Originally posted by concernedinva
    My sons father hasn't paid child support in about 5 years and when I called him recently, he said he didn't know where I was. I gave him a PO Box address five years ago because he was supposed to sned me money. Course I never got it and he claims that he doesn't know where I am. Is that a legitimate reason to not pay child support ? He now owes about $35,000.

    The last time I spoke with him, about 3 years ago, he said ho couldn't claim our son on his insurance because he didn't have his SSN, yet he claimed him on his taxes before we were disvorced. I think this is just bs to get out of paying but need legal advise.
    Is there a court order for child support? If so, it should NOT be sent directly to you. He should be sending it to the child support collection and distribution center (or whatever it is called in your area). So, no, that is NOT a valid excuse. He is in contempt. If he is ordered to cover med insurance, and is not, that is also contempt. You need to contact your child support enforcement and let them get on him.
    HOOK 'EM HORNS!!!
    How do you catch a very rare rabbit?
    (unique up on him)
    How do catch an ordinary rabbit?
    (same way)

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    • #3
      I send CS directly to my ex-, CSED has never been involved....but I get the point

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      • #4
        Another warning to NCPs who used to be married to their child's CP...be very careful about paying support directly to the CP. You can be held responsible, at minimum, for the difference between what you paid and what you "should" have paid - agreements, signed or otherwise, be ****ed.

        At worst, your direct payments to your former spouse can be called a "gift" and you will owe the entire amount of back support as if you never gave them any support at all. This didn't happen in my case, but it is a possibility (based on the mood of the CP?).

        And concernedinva...yeah, the lost PO box routine sounds pretty shady. Please let us know if you have a court order in place, in which case he should be paying the support office anyway.

        Comment


        • #5
          I hear ya boobatuba (feels weird just typing that). I am the primary CP with shared custody both legal and physical. However I pay CS based on differences in income though we both work. I also pay above what the previous (modified in 3/05) state guidelines and present state guidelines state for CS and this was all written into the divorce decree and parenting plan. I pay directly to the other CP through bank transfer, on the first of the month, every month in the exact amount of the agreed CS. The court (here) has no problem identifying the payments as CS and does not (because she claimed I missed a month) consider it a gift. Anything else that exchanges hands is documented by email verifying what bank transfers are for what amounts (e.g. medical, daycare, agreed sports activities, etc.), but the CS is, though no receipt is given by her, seen by the court as CS payment.

          However, I can see a more, I'll say 'conservative' judge or a situation where the pattern were not established and clear being put in that category (not that I agree with it...or have to). In my case, which I admit may be an exception...I don't know...the lawyers (at least mine before I got rid of her) and the judge saw the payments as CS and ruled as such.

          Comment

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