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Child support backpay question

Discussion in 'The Okie Corral' started by u4ea, Mar 25, 2010.

  1. u4ea

    u4ea

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    I got a text from a friend today asking if I could borrow her a few bills. She said that her boyfriend is in jail on failure to pay child support charges. His kid is 5 years old, and as far as I know he has not been in the kid's life at any point. The mother has never come after him to pay either, which is odd. He was pulled over last night and when they ran his info there was a warrant out for him regarding non payment of child support. She said that he had no idea about it and the mom of the kid had never approached him or threatened him. They basically stayed out of each other's lives completely. He doesn't even have a number to reach her at or know where she lives now. Anyways, we were talking and she was wondering what would happen to him now when he goes to court on Monday. Are they going to let him out of jail on Monday after his court appearance and just order him to pay 5+ years of backpay or will he be in jail for a while longer? He makes almost all of the money in the relationship so she'll be screwed if he's locked up for a long time and can't make any money. Anyone on here know how these laws work? I can't see the judge just letting him out without backpay, but 5+ years of backpay would be a pretty penny.
     
  2. txinvestigator

    txinvestigator

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    States do things differently....
     

  3. u4ea

    u4ea

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    I'd assume there would be some uniformity, though. Should she get a lawyer or what should she do?
     
  4. mdhandyman

    mdhandyman

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    Child support is court ordered. A court hearing is required for the support. he had to go to court for this. All they can do is start support now and go after him later for back payments. So someone's not telling the truth. I would becareful of your friend's boyfriend. :whistling:
     
  5. UneasyRider

    UneasyRider C.D.B.

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    Two sides to every story... but you got to pay if you want to play.
     
  6. CBDAVIS

    CBDAVIS

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    If the mother applies for any kind of public support, then the systems looks for someone to pay for it. Here's what can happen even if the father, which it usually is, is paying. The father must start paying through some state agency and it keeps part of the money and sends the rest to the mother. Then the state agency, usually the DA office, will write an article for the newspaper bragging about how much child support they are collecting. They fail to mention that they reduced support payments.
     
    Last edited: Mar 25, 2010
  7. tydefan05

    tydefan05

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    My father could afford a better lawyer than my mother so he used to get the slate wiped more or less clean every few years when she'd take him to court. He'd promise to "stay current if you'll forgive my outstanding debts" etc. Hats off to my mom for being a strong lady and making me the adult I've become. I guess what I'm saying is if things don't turn out like your lady friend wanted, she can still make the most of it for her son.

    To this day I still can't figure out why any parent would abandon their kids.
     
  8. 220-9er

    220-9er

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    1. The guys story doesn't add up. As stated above, child support is ordered by a court and you must pay it or you will go to jail. That is a good thing because there are a lot of single parents out there on public assistance and we are paying for these deadbeats that don't support their children.
    2. Don't loan (give) her any money. You'll never get it back. You are not helping her, your enabling bad behavior.
    3. She needs to get a new boyfriend.
     
  9. StarShip2100

    StarShip2100 Futurist

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    The state attorny general represents a sole custodian parent in a support case. I would start with asking the states attorny generals child support enforcement unit whats going on. A decision of what to do can then be determined.

    If he hasnt paid in 5 years, they could go after him. They typically wouldnt put him in jail the first pass until he failed to pay the back order, though they could. But if he hasnt paid in 5 years, whats it matter if he makes most of the money? She needs a new BF...

    And yes, once you really know whats going on, go with it or get a lawyer....
     
    Last edited: Mar 25, 2010
  10. jlprtr

    jlprtr CLM

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    From reading your OP, why would your friend need an attorney?
    If you're asking if your friend should hire an attorney for her BF, the answer is NO.
     
    Last edited: Mar 25, 2010
  11. HKUSP45Css

    HKUSP45Css

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    If nothing else in thios thread gets through to you PLEASE pay attention to the quoted text.

    Also, there is no intelligence involved in a decision to lend your friend money to bail out her boyfriend.

    Husband? Maybe, depending on the totality of the circumstances.

    Boyfriend? Not a chance in hell. Deadbeat dad boyfriend? Not a chance in anyplace but, particularly hell.

    Just watch 3 episodes of Judge Judy to find out what loaning a friend money to bail out her boyfriend will get you.
     
  12. CBDAVIS

    CBDAVIS

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    Here's a nice thing to remember if you should get child support and not getting it.

    The statute of limitations does not run on child support. And even if you wait all your life then you can have their social security check garnished.
     
  13. RichJ

    RichJ

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    Sort of. At least that is the way it is supposed to work.

    My wifes ex-husband has never paid child support in any regular way. I can't say he doesn't pay at all but she hasn't recieved any in a couple of years. He owes thousands of dollars in back payments; I figure 7-10K. She has reported him to the child support office many times and they are supposed to be pursuing him for it (so they say) but nothing ever happens.

    The last time we went to court he was already in contempt of previous court orders and nothing happened to him then either. It's a joke.

    We, I and she don't need any money from him but it's the whole principle of the thing that bugs my wife. She hates him and wants him to take some responsibility but mostly she just want's to spite him. Making him pay, to her is more revenge than anything but the court won't enforce it.
     
  14. TH237

    TH237

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    Normally when someone is arrested on a AG warrant there is a CASH bond set. It can be a relatively small amount or very large. And as others have said, I feel that he is not being honest, I am sure he knew he was supposed to be paying.
    And as far as you helping out, obviously that is your call.
     
  15. Adjuster

    Adjuster

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    I thought just about every state had a drivers license suspension punishment now for owing child support??? This boyfriend is screwy or lying. There is no way he could not be informed that he owes and was being pursued for child support.
     
  16. RichJ

    RichJ

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    Oh yeah... He was recently arrested for a domestic dispute with his GF and he was able to bond out without them holding him for the child support stuff. So the whole system is whacked I guess.
     
    Last edited: Mar 26, 2010
  17. Free Radical

    Free Radical Miembro Antiguo CLM

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    Here in Utah if the mother has been receiving assistance from the state your friend's wages will be garnished until the amount that she has received is re payed with interest. At that point his garnishment may go down to the point that it will cover the actual assistance payments being made to the mother.
    He could have avoided the whole ordeal by just having character enough to do the right thing in the first place.
    Deadbeat dad's chafe my ***.
     
  18. Spiffums

    Spiffums I.C.P.

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    Who said he was in the slammer over HER kid......... stripes don't change peoples.
     
  19. SFCSMITH(RET)

    SFCSMITH(RET)

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    My brother got caught up sort of like this. He was paying support. There was no legal action saying he had to. He was doing the right thing. SHE wasn't telling anyone about the money he was giving her, and because he didn't know any better, he wasn't keeping records, or tracking anything she was doing... Like drawing public assistence as a single mom. So, when she gets in trouble for something, she points out she knows who the dad is (boy was 7 at the time) state contacts him and asks him "is it his son?" He says yes. They bang him for every bit of money the state gave her. He had no way to prove he ever gave her a dime. Then he stopped volentarily giving her money, because the state was in his bank account taking what they felt they were owed... she then SUED him for child support, and won, and the court awarded her BACK child support. Litterally bankrupted him, both monitarily and emotionaly. All over a one night stand. He will be 50 this year, and still his life is not straightend out, almost 25 years later.
     
    Last edited: Mar 26, 2010
  20. Glenn129

    Glenn129

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    Why worry about letting him out of prison? Not paying any child support for 5 years is proof he is not going to pay for child support if he gets out. He hasn't paid, but has continured to play so stop his play time.