Reply to XDH owes child support...wwyd?

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Reply to "XDH owes child support...wwyd?"

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]Because states had to set up state level child support enforcement to qualify for funding under whatever title of the social security act (I think) covers child welfare stuff, the state enforcement people will pursue enforcement--I'm sure even if the money isn't owed to the state (such as in the case of children who have received TANF funds). Which is one reason non-custodial parents should never pay the custodial parent directly--such payments may not be recognized.

Also, uncollectible child support is sometimes enforced by the federal government if the custodial parent is in another state (I know this from federal jury duty). [/quote]

As long as they are documented, they should be recognized.  A parent should not give the other parent cash but if they pay by check, especially if they put that month and child support in the memo it should be fine.  My husband's ex took him to court saying that he never paid to get a garnishment (he would have given her one no issue so he didn't have to deal with her) and she claimed he paid nothing and instead he had a $40K overpayment with all the extra's and other demands.  They didn't return the money to him and she got the garnishment and child support heavily reduced for other reasons (kids aged out/alimony over several years before that he continued to pay) but it was absolutely recognized.  She was really pissed about the garnishment but didn't want to spend the money to go to court to get it removed.  She was used him paying at the beginning of the month and going through child support took 2 weeks, sometimes longer to get the check.  A few times it didn't come and was garnished so she'd call demanding the money and he said no as it was already garnished so she had to deal with child support.  Be careful what you ask for as it could backfire.

In OP case, by the time she misses work, attorney fees it makes no sense as he is paying it back but slowly.  The court will probably put him on a payment plan so she's wasting money with two attorneys or if he has to hire an attorney that money he is spending on an attorney is better spent paying her back.[/quote]

You guys are both really muddying up this issue.  If there is a DCSE case (i.e. CS is paid to the state) then no, payments to the custodial parents other than through DCSE will not be recognized because you are paying in a way that is not set forth in the order (i.e. either income withholding or checks made payable to the state).[/quote]

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