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Past Due Support



 
 
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  #21  
Old June 17th 04, 04:46 AM
Bob Whiteside
external usenet poster
 
Posts: n/a
Default Past Due Support


"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message
alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around my

ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?


If your court order does not establish past due support there is no past

due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


Gotta be a paternity case and not a divorce case. Until paternity was
established there was no CS payments due.


  #22  
Old June 17th 04, 05:09 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Bob Whiteside" wrote in message
ink.net...

"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message


alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around

my
ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?

If your court order does not establish past due support there is no

past
due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


Gotta be a paternity case and not a divorce case. Until paternity was
established there was no CS payments due.


But my husband was assigned two years arrearages from when paternity was
established. Thank goodness they didn't go back to the birth of the child.
I wonder if there is any state where they still do that!


  #23  
Old June 17th 04, 05:09 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Bob Whiteside" wrote in message
ink.net...

"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message


alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around

my
ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?

If your court order does not establish past due support there is no

past
due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


Gotta be a paternity case and not a divorce case. Until paternity was
established there was no CS payments due.


But my husband was assigned two years arrearages from when paternity was
established. Thank goodness they didn't go back to the birth of the child.
I wonder if there is any state where they still do that!


  #24  
Old June 17th 04, 05:09 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Bob Whiteside" wrote in message
ink.net...

"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message


alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around

my
ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?

If your court order does not establish past due support there is no

past
due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


Gotta be a paternity case and not a divorce case. Until paternity was
established there was no CS payments due.


But my husband was assigned two years arrearages from when paternity was
established. Thank goodness they didn't go back to the birth of the child.
I wonder if there is any state where they still do that!


  #25  
Old June 17th 04, 05:09 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Bob Whiteside" wrote in message
ink.net...

"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message


alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around

my
ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?

If your court order does not establish past due support there is no

past
due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


Gotta be a paternity case and not a divorce case. Until paternity was
established there was no CS payments due.


But my husband was assigned two years arrearages from when paternity was
established. Thank goodness they didn't go back to the birth of the child.
I wonder if there is any state where they still do that!


  #26  
Old June 17th 04, 05:10 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message
alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around my

ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?


If your court order does not establish past due support there is no past

due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


That would be great! Too late to get her to move now, I guess. chuckle


  #27  
Old June 17th 04, 05:10 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message
alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around my

ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?


If your court order does not establish past due support there is no past

due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


That would be great! Too late to get her to move now, I guess. chuckle


  #28  
Old June 17th 04, 05:10 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message
alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around my

ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?


If your court order does not establish past due support there is no past

due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


That would be great! Too late to get her to move now, I guess. chuckle


  #29  
Old June 17th 04, 05:10 AM
teachrmama
external usenet poster
 
Posts: n/a
Default Past Due Support


"Gini" wrote in message
...
In article . net, Bob

Whiteside
says...


"LouKing" wrote in message
alkaboutparenting.com...
I am new to the board and desperately seeking help. I chased around my

ex
for 6 years and finally got a court order against him through the

county
but they would not go back to the time I actually filed for support,

only
from the time they found him - how do I go about suing him for the 6

years
he "disappeared"?


If your court order does not establish past due support there is no past

due
support.

===
Minor technicality ;-). Wonder what state this is that only assesses

support
from the time they find him. Too bad it isn't TM's controlling state.


That would be great! Too late to get her to move now, I guess. chuckle


  #30  
Old June 17th 04, 04:13 PM
Beverly
external usenet poster
 
Posts: n/a
Default Past Due Support

On Wed, 16 Jun 2004 19:25:42 -0400, "LouKing"
wrote:

I am new to the board and desperately seeking help. I chased around my ex
for 6 years and finally got a court order against him through the county
but they would not go back to the time I actually filed for support, only
from the time they found him - how do I go about suing him for the 6 years
he "disappeared"?


I can't speak for other states, but I once questioned my attorney
about this and was told that my state disallowed retroactive child
support. That is... support is only legally due once an order has
been established. I suppose that is why I've heard of such a thing as
a" temporary order of support" which I suspect would be the order
given/asked for upon filing, but before the full case was heard in
court.

My divorce took over 3 years and I was using legal aid for my
representation for all but the last few months. My ex was/is a good
game player and knew how to cause continuances... including hiring an
attorney who sat on the board of Legal Aid which created a conflict
which caused MY need to change attorney who needed a continuance to
catch up on the case. Anyway, I suspect it is because I used Legal
Aid that a temporary order of support was never asked for. I didn't
have to chase my ex for several years, but I did have to ride out the
court schedule. Support was ordered from the month we were divorced,
not the month I filed.

I'm a bit confused as to why a case was not heard within 6 years, with
or without your ex. Service is normally required a reasonable attempt
such as publicatrion in a local newspaper to his last known address.
A court would have imputed minimum wage should he not have appeared.
It would not have helped GETTING the support, but he would have been
ordered to pay it.

Did you file with the court or with the county child support
enforcement office? It would make a difference because the COURT
filing would not have occurred until he was found. When one goes to
child support enforcement, they are the ones who take him to court and
it makes sense that the county would not expend legal resources until
they had a reasonable abilty to collect... which means they would need
to know where he was. Hence, your support may have been retroactive
to the court filing.

At any rate, whenever the court establishes support is to begin is
irrefutable EXCEPT if there was a misapplication of law and an appeal
is sought. The window for appeal is very small and you have likely
exceeded it (how long since the judgement?) since you were calm enough
to post rationally. No court now will go further back than the date
of the last order. This is how our justice system works to empower to
courts. You don't stand a chance in h*** of recouping those 6 years.

Just to empower you, I'd like to warn you that any father willing to
hide for 6 years to avoid supporting his child will most likely not be
providing regular support. Sure, it may be ordered. Sure, it may be
withheld from his pay. Sure, you may have enforcement agencies
working with you. But a change in jobs or locations can cause gaps,
sometimes large, in the monthly stream of support payments. Your best
bet is to get yourself into a position where you can do it yourself
(i.e. get a degree and a good job). "Fair" does not feed or clothe
your child. It is not unreasonable to expect the father to help even
if you can do it yourself, but being able to do it yourself ensures
that you and your child will be okay.

 




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