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#21
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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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