Child support ?

[SS MAYFLOAT]

My friends sons are 19 and older and their mom does not want any more support. However the state of Ohio is still persuing the issue of making him pay his back support even though the mother does not want it.<br /><br />I feel they are doing this to get the poundage off the 4 to 5K that is owed. I know from a previous marriage, the custodial parent was able to waive the support. I just can't figure out what is up about this.<br /><br />During the last two years of the support he was to pay, the CSEA raised his support because he has the ability to make more money. Even though he didn't make that kind of money, they said he had the ability to make large support payments. I think Ohios CSEA writes their own rules as they go along.<br /><br />So my question is, "Does the custodial parent have the right to decline or waive support?"<br /><br />Thanks

 

[ae708]

Re: Child support ?

So if they make him pay it and she doesn't want it let her send it back to him.

 

[SpinnerBait_Nut]

Re: Child support ?

SS, I think in Ky. if the one getting the support says they don't want or need it, or when the child turns 18, it stops. I may be wrong, but I think 18 is the cut-off age.<br /><br />Also, it's not what they think you could earn, it's what you do earn.

 

[NYMINUTE]

Re: Child support ?

No, not in NY or Indiana as of 1995 when I finished. I paid direct to her until the last of my sons moved in with me, then I stopped. She agrees so there was no state intervention. She did have to request that Indiana stop payroll deduction, due to the slow process to NY. That helped.

 

[PW2]

Re: Child support ?

The court has to determine the support level. Ohio, or any other state, does not have the power to change it, but only enforce what the court determines.<br /><br />If the collector of support ever received assistance from the government in the form of welfare or whatever, she cannot waive back support owed. Not sure if she has to pay back welfare or hpw that works, but I do know she cannot waive it in that circumstance.<br /><br />If she has never received assistance, she can waive the back support, but she must get an attorney and petition the court to change/waive it.

 

[SpinnerBait_Nut]

Re: Child support ?

Child support stops with a child once it turns 18, unless, it's still at home and attending school in Ky.<br /><br />The one that is getting the support has to go before the court and ask that it be suspended.<br /><br />Now if said person goes on welfare, this is charged back to the one having to pay, just like child support.<br /><br />If payer falls on hard times, he/she can go before the court to show cause to get payments reduced, but only reduced.<br />The whole amount for that month is still due, just stretching it out longer.<br />In other words, payer will always be behind on the support till he/she gets it caught back up.

 

[ZooMbr]

Re: Child support ?

I was the Analyst/Designer on a CSEA System for a western state. PW2 has it right -- we called it the victim data base; one on it you become the victim. Government is going to get their pound.<br /><br />There are ways around it as PW2 says. Another way is the spouse cooperates is to make a payment to the system, system sends payment to spouse, spouse sends it back and submit the payment again. Cycle it until past due is paid.<br /><br />Some States now require all child support to be paid to the courts -- gets to be a pain. <br /><br />Also; been there done that! I got into trouble when; to help ex I sent payments directly to Her to (system takes 2 -3 weeks to get payments out). System treats this as gift to her -- still owed the support even when she wrote to them and stated it was support payments.

 

[SS MAYFLOAT]

Re: Child support ?

To answer some questions, I don't think she has every received any government aid. I think she works in a union plant.<br /><br />We are finding that things differ from county to county. So things seem to be either weird or just downright crooked. I'm just going to tell him that he needs a good attorney and give him the idea of cycling a payment between him and his ex. <br /><br />Thanks.

 

[Homerr]

Re: Child support ?

I know in Oregon (land of the taxes)...<br /><br />If you owe child support, and the recipient has received state funding of any kind... they will go after that support until it's paid in full, or you die (whichever comes first)<br /><br />As far as waiving the support, I'm not sure.<br />If you both agree (have no state debts), and you get the judge to sign it, then it should be dropped. There's no reason they can't drop it if you both agree in writing.<br />Just remember, it doesn't mean squat until the Judge signs it.<br /><br />I'm playing hell getting support out of my ex-wife. Every time they catch up to her, she quits her job. <br /><br />I'm all for the non-custodian parent paying the courts (in my case anyway)<br />There's no way I could force her to pay like the courts do. I don't like the government intrusion any more than the next guy, but try and track down a deadbeat Mom across state lines...<br /><br />If you owe support nowadays, it goes into a national database. You can't as much as sneeze without someone knowing you owe support. It comes up on credit reports, police records, etc...<br /><br /><br />H.

 

[oddjob]

Re: Child support ?

I wish I could help on this....but you wouldnt believe me if I told you....when it deals with different or multible states even a good lawyer cant figure out how to get everyone on the same page. Any state can make a claim on you to the federal gov. and they dont have to offer any proof. When my son moved to Texas they got in touch with Washington state and got ahold of my payment history. They filed a claim bases on a cut and paste of those documents put a texas Attorney Gen. on it and said since they had no record that I paid washington that I needed to pay the entire fabricated dept. to them. Somehow,after 3 years (thats just Texas folks) with little/no help from a local lawyer....I stumbled on someone at florida internal revenew office that had belief and sympathy of my problem was I able to help me correct it. I lost alot of income due to the limitation of travel not to mention stunting the growth of my carrer. I'm still hesitant to re-apply for a visa to travel from the usa. Because if their records god forbid are not up to date and I get denided again w/ no explaination or contest allowed at the issue office. I dont know might happen. Theres alot of things unfair with states and the fed gov. concerning Child support and no polititian will help because of the negative media he will recieve.