Retro child support

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meshon30

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Hi, this is a long story, so I'll keep it as short as possible. My husband was married years ago, together they have a daughter. His ex-wife left him and took the daughter away, (literally) from his whole family and him, moving around and informing him he will never have a life with his daughter. Constantly asking him to sign over his rights to her.Now, the daughter will be 18 this month, she went and filed for support(she had never filed before). They granted her child support,as well as 26,000. in arreages. The daughter does not live at home, or go to school, she is working full time. (She dropped out of school)We don't have the money for a lawyer, so my husband just agreed to the deal, and signed papers. He always wanted to pay the child support, but the ex wouldn't have it. Is it too late to petition the court to lessen the paymentof 500.00 per monthfor the arreages ? They are investigating the fact that the child is not in school or at home.

Thank you :confused:
 
Why would your husband agree to the amount? It may be difficult to reopen if he voluntarily agreed to everything. With regard to support for school and the child's alleged fraud, I would think that is a good idea to pursue -- why wouldn't you?
 
Support situation

Thank you for replying. I appreciate that. He agreed because he did not have any money to hire a lawyer to fight this . The child support office here in Texas will call the school she is suppose to be attending and when they tell them she is not enrolled, the child support stops and the 500.00 a month goes directly to pay off the back child support she was awarded. His daughter told him that she didn't want him to know she was no longer in school or living at home, because she said her mother thought the child support would cease. I know you said it is very hard to reopen the case , especially since he voluntarily signed the papers, but is it impossible? Thank you so much!!;)
 
Unless you get his support, I'm not sure how you can reopen the case. You will likely need to establish a good reason, such as fraud, as the basis for consentually signing the support settlement.
 
child support

Hi again. It has been awhile, and I have another question. We have informed the child support office here in Texas, that his daughter is not in any classes and she has complained to me through e-mail that she doesn't think it's fair that she is not receiving any of the 500.00 a month her mom is being receiving. One of the stipulations of current child support is that she is in school. The child support office has called up to the school and they said she was enrolled in GED classes, but we know she has not attended any. We called the school and the attendance clerk told my husband she was registered in June 2002, and never attended any classes. She is going to fax that information to the child support office here in Houston.My question is hasn't her mother committed some sort of fraud by not telling the child support agency of the status of her child not being in school, and still collecting the monies? He still owes back child support and right now 50.00 goes for that, but they said when the child support ends, it will go right over to the back child support. (500.00) He agreed to all of this back in June of last year, although his daughter was wrongfully taken from him for years and he has suffered a great deal of heartache over not having her in his life.Her mother many times asked him to sign over his parental rights and he refused. He is concerned because we know for a fact that his daughter still does not get any money. I just find it hard to believe that any woman can just march into court and get an award of 25,000.00 Her mother tells her that all the money belongs rightfully to her step-father. Even the curent child support.I guess that is what happens when we can't afford a lawyer? I would greatly appreciate any suggestions. Thank you very much :)
 
This might also be a criminal offense... you may want to contact the DA's office. They will likely send you to the same place unless there is some ADA who needs to make a case by fighting the war against neglectful and abusive parents...
 
In the same boat

Please give me bullet points to follow.

I am in the same boat and has been for a year now. My daughter will be 19 soon. Her mother enrolled her in a long term GED program. I contacted them and she only comes to school a couple days a week. This keeps her on child support and she's not passing any of the classes. Clearly they're winging this child suppot game out. If she stays in school just enough to keep child support. How long does I have to pay? BTW, I am not paying back pay because I have always taken care of her.

Thanks,
 
Your situation mirrors mine!!!! I too had the same thing happen to me.

=meshon30;3215]Hi, this is a long story, so I'll keep it as short as possible. My husband was married years ago, together they have a daughter. His ex-wife left him and took the daughter away, (literally) from his whole family and him, moving around and informing him he will never have a life with his daughter. Constantly asking him to sign over his rights to her.Now, the daughter will be 18 this month, she went and filed for support(she had never filed before). They granted her child support,as well as $26,000. in arreages. The daughter does not live at home, or go to school, she is working full time. (She dropped out of school)We don't have the money for a lawyer, so my husband just agreed to the deal, and signed papers. He always wanted to pay the child support, but the ex wouldn't have it. Is it too late to petition the court to lessen the paymentof $500.00 per monthfor the arreages ? They are investigating the fact that the child is not in school or at home.

Dear meshon30, This is my first time on this site but your case or situation is shockingly similar to mine and I had to contact you and hope that maybe "we" might be able to both find legal answers for our situations. I am currently $30,000 in debt though Ive paid over $40,000 already for one child. Like your husband, I had no parental rights back in 1983 when I wasnt even 18. I fathered a child while in high school but was never allowed visitation rights. Because both of her parents made outstanding money working for Campbell Soup Co. in Paris, Texas, they left my name off the birth certificate so I had no parental rights and also so it would help them claim another dependant on their income tax and help them to not have to pay in. For 16 years I was never allowed any parental rights because my name wasnt on the birth certificate. Then when my son turned 16 his mother decided to sue me for child support. Though I had been married for 15 years at the time, I got hit with retro support for 16 years. (the law has since changed so a person can now only go back 3 years but for me, the damage was done). My wages were garnished in the amount of $651.00 per month and my income tax and the check from the president were all garnished too. In short, like you and your husband, I had no control over that evil woman keeping my son from me because i wasnt named the father. Then, out of the blue, my family of two children is rocked by my past. It seems totally unfair that a woman can manipulate the system to first her parents advantage to help them prevent paying income tax, then, because I didnt marry her and married an italian she said she would never let her son around the ----, (my wife). As far as I know, no Texas law has helped my family. We lost our home, both cars, our good credit, and worst of all my health. All because this woman had the power to wait 16 years then be able to go back to when I wasnt even 18 and destroy my family life. The worst thing?: My son is now 25yrs old, married for four yrs in another town but my wages are still being garnished and according to old high school classmates, she brags how Ive paid for her last three cars, at least 3 trips to vegas and something called "Choctaw Bingo" twice a month. All while my family still suffers. "Now where is the Justice in that". dhigh66@yahoo.com p.s. please feel free to contact me and maybe together we can find a solution. Thank you :confused:[/QUOTE]
 
To anyone out here:Is there no law that prevents a person from withholding a parents name so that parent wont have any paternal rights or so their family can claim an additional dependant to help them on their taxes or just to be vendictive because they didnt get what they wanted from a relationship? Then that person waits up to 18 years to file for support and get all that retro? Most families that find themselves in this position have no rights to protect them against such horrific acts vengance. Child support was suppose to be established in a childs best interest. Are there no laws made to investigate these unusual situations?
 
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