Trying to settle Massachusetts Child Support Debt Massachusetts

[Andie1971]

My husband has made a few mistakes in his life - those being having 3 children out of wedlock. He owes back support from when he fell off a roof and was out of work for 5 years - bringing actual support OWED to $21,204. He has been paying each week out of his check for over 10 years - which is over $900 per month. One son is 19, one 18, and the other will be 17 in January. The two youngest ones have the same mother, so we understand the blanket order of having to pay the same amount for the them until the youngest turns 18.

This amount, with fees and penalties, amounts to $44,530.00. My husband called DOR and ask them for a payoff amount over 3 weeks ago. Since then, they have levied our bank account to the tune of $-44,530.00. Not sure how you can get blood out of a rock on this one.

We have access to (via my mother-in-law) to funds to pay the $21,204 in cash. My husband has called for 3 weeks now and nobody will tell him a payoff amount, even though they told him he would have an answer in 3-5 days.

Should we get an attorney? Why wouldn't they take the settlement we have to offer just to pay it off and close the case? Is there someone I should appeal to?

[cyjeff]

First, children are not mistakes. I just hate it when people say that.

Second, they are not excepting the settlement because it is less than half of what is owed.

I would definately look into getting an attorney on this one... but plan on paying significantly more than the 21K.

Oh, and the debt doesn't go away when the kids reach the age of majority.

[Andie1971]

Ok...

I never said the kids were mistakes. I said he had three children out of wedlock.

Secondly, he has been faithfully paying current support as well as a portion of arrears ever since he got back to work, yet the State is relentless with their adding of fees.

That being said, I am looking for real help here, not a condescending answer. Thanks.

[cyjeff]

I never said the kids were mistakes. I said he had three children out of wedlock.

Oh, I thought you said...

My husband has made a few mistakes in his life - those being having 3 children out of wedlock.

I guess I was mistaken.

Secondly, he has been faithfully paying current support as well as a portion of arrears ever since he got back to work, yet the State is relentless with their adding of fees.

Yup. They do that.

That being said, I am looking for real help here, not a condescending answer. Thanks.

You got help. The only way you are going to get the arrears reduced is by retaining an attorney well versed in family law and getting him/her to fight for you.

The reason you are not getting a call back is because the bank paid the state the full amount... or your account wouldn't be down 45K.

In other words, the state has the money... they no longer need to settle.

[Andie1971]

$$ from WHAT?

There wasn't $45K to be had from that account - or any account that we have. They put a hold on it, but the bank of america is certainly NOT going to pay that out.

The hold happened on 11/5, he's been calling for 3 weeks.

I guess the bottom line here is an attorney. Or to actually speak with someone at DOR that gives a sh*t.

[mommyof4]

Get an atty.

Question: when he was out of work for 5 years, did he recieve disability? Did he ever file to modify the order based on his earning capacity and lack of employment opportunities? If not, why?

Did the mother of the children ever accept financial aid from the state? If not, is she willing to forgive any portion of the arrearage? (if she did, this is not an option)

[Andie1971]

I believe

That the mother of the oldest boy accepted state aid, which is why she is only owed $2275 in past due support, versus $18800 for the other custodial mother.

He was working for an independent roofer at the time and disability was not an option, from what I understand.

[Morgana]

[QUOTE=The two youngest ones have the same mother, so we understand the blanket order of having to pay the same amount for the them until the youngest turns 18.[/QUOTE]

I find this odd. I paid child support to my exhusband (joint cutody, he wasnt working, grrrr, I still get angry).

However, support for my daughter legally ended when she was 18 and then I only paid for my son. The support didnt cut in half but the CS for 1 was roughly 2/3's of what I paid for both.

[Andie1971]

The blanket order was in effect because my husband didn't show up for court. If he went back to have it changed now, he would probably end up paying more for the one, which would be about what he pays now for both.

We contacted DOR and they said they received an "Overwhelming response to their mailing offering settlements" and would get back to him once they processed all of the inquiries.

Of course, interest and penalty fees would still accumulate. How surprising.