U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Parenting
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 09-30-2014, 06:24 AM
 
Location: 78250
923 posts, read 2,075,533 times
Reputation: 333

Advertisements

Ok, so it was bound to catch up with my husband, but he is now having to make back-pay child support payments (not sure if that was the correct terminology there).

Long story short, hubby knocked up ex at 17/18 years old in 2003/2003 left when son was around 10 months old (2003), the ex married in 2008, so it seems like he is being back paid 5 years, cause in 2008 when the ex married, her hubby adopted the son that my husband had with his ex..

Ok, so yesterday in the mail, he received the letter than he will be charged $383 a month (I think), stated on there since he makes $1750 a month (as a security guard) $383 a month is doable. So I think that's around $192 per pay check (he gets paid every 2 weeks...)

Also, he doesn't know when these payments will start being deducted...?

Also, he has been claiming ONE Child (our child we have together) on his W4...does this need to change? He does not have custody of his son (still lives with ex in CA), he gave up his rights when he first left..

For a couple of months now, he has been sending money thru moneygram or western union to his ex for their son like $50 every now and then when he gets paid, he sends whatever he can afford.
Reply With Quote Quick reply to this message

 
Old 09-30-2014, 08:34 AM
 
Location: Texas
1,029 posts, read 1,155,147 times
Reputation: 1982
He does not need to change his W4 because you cannot claim a child who doesn't live with you on your tax return. His tax situation does not change.

He needs to find out from the state agency whether or not his wages are being garnished or whether he is supposed to write a check to the agency. He should not be sending money directly to his ex unless he was ordered to do so - it usually go through the state child support agency, so that the agency can track that the payments are being made.. With that in mind, if he has receipts for the money he's sent to his ex so far, then MAYBE the state will put that towards his debt.
Reply With Quote Quick reply to this message
 
Old 09-30-2014, 09:25 AM
 
Location: 78250
923 posts, read 2,075,533 times
Reputation: 333
Quote:
Originally Posted by Aggiebuttercup View Post
He does not need to change his W4 because you cannot claim a child who doesn't live with you on your tax return. His tax situation does not change.

He needs to find out from the state agency whether or not his wages are being garnished or whether he is supposed to write a check to the agency. He should not be sending money directly to his ex unless he was ordered to do so - it usually go through the state child support agency, so that the agency can track that the payments are being made.. With that in mind, if he has receipts for the money he's sent to his ex so far, then MAYBE the state will put that towards his debt.
I will have him re-check the court order again tonight..

you says "He needs to find out from the state agency whether or not his wages are being garnished"

what difference does this make if any at all? the agency wouldn't care if all his wages went to child support, or wouldn't care if he has car payments or a mortgage or bills to pay - forgive my ignorance...

If his ex agrees, could he file a motion or petition to lower the monthly payments?
Reply With Quote Quick reply to this message
 
Old 09-30-2014, 10:16 AM
 
Location: San Antonio, TX
10,860 posts, read 18,883,731 times
Reputation: 25110
He needs to find out if the back child support is being withheld from his checks or if he's responsible for making a monthly payment, is what the other poster meant. He could have his state licenses (including his guard card) suspended if he doesn't comply with the repayment plan, so it's important to figure out if he's supposed to be making the payment or if it will automatically be withheld.

If his ex was on public assistance during the years he didn't pay child support, the money he pays may be going to pay back the government, rather than being received by his ex.
Reply With Quote Quick reply to this message
 
Old 09-30-2014, 10:35 AM
 
Location: 78250
923 posts, read 2,075,533 times
Reputation: 333
does the amount he is being charged for $383 make any difference if he is expecting another child on the way...yes i feel like his entire pay will be garnished...
Reply With Quote Quick reply to this message
 
Old 09-30-2014, 10:49 AM
 
Location: Dallas TX
14,294 posts, read 20,544,645 times
Reputation: 20159
Quote:
Originally Posted by jons_wifey View Post
does the amount he is being charged for $383 make any difference if he is expecting another child on the way...yes i feel like his entire pay will be garnished...
It won't make a difference. If he can't afford it, he shouldn't be having another child. I am perplexed how your husband is being made to pay child support if he 'gave up rights to his child' and the non-biological father 'adopted the child'.
Reply With Quote Quick reply to this message
 
Old 10-02-2014, 01:19 PM
 
7,622 posts, read 8,965,962 times
Reputation: 12923
Quote:
Originally Posted by jons_wifey View Post
does the amount he is being charged for $383 make any difference if he is expecting another child on the way...yes i feel like his entire pay will be garnished...
Your husband up and abandoned his first child. You, thinking, this must be an admirable quality decided to have two children with him. And now you're upset that he has to back-pay support for the child he abandoned? Ugh.

Quote:
Originally Posted by veuvegirl View Post
I am perplexed how your husband is being made to pay child support if he 'gave up rights to his child' and the non-biological father 'adopted the child'.
He's only being asked for support for the time before the child was adopted by another. Just because you "give up rights" does not mean you are not responsible to support the child. If that was the case, there would be a lot of dead-beat parents signing papers to "give up rights".
Reply With Quote Quick reply to this message
 
Old 10-03-2014, 07:17 AM
 
43,012 posts, read 88,958,716 times
Reputation: 30256
Quote:
Originally Posted by jons_wifey View Post
does the amount he is being charged for $383 make any difference if he is expecting another child on the way...yes i feel like his entire pay will be garnished...
You need to accept the fact your husband/boyfriend needs to pay $383 per month. If you can't afford it, one or both of you need to go get part time jobs. If he doesn't pay the child support---the full amount each month, not just $50 here or there---he can lose his licenses and that includes his driver's license. He can also be sent to JAIL. He won't be able to earn $1,750 per month to support you and your children when he's in jail. For everyone's sake, I hope the court garnishes his wages because it sounds likely he won't make the full payments if he has to write the check himself.
Reply With Quote Quick reply to this message
 
Old 10-03-2014, 09:14 AM
 
Location: Back at home in western Washington!
1,500 posts, read 3,751,187 times
Reputation: 3217
Quote:
Originally Posted by veuvegirl View Post
I am perplexed how your husband is being made to pay child support if he 'gave up rights to his child' and the non-biological father 'adopted the child'.
I got that there was a five year lag between the bio father leaving and the non-bio dad adopting the child...that lag time is what the bio father is now paying for. Just "giving up you rights" when you walk away does not get you out of financially supporting the child you are abandoning...your financial obligation only ends when someone else agrees to take on the responsibility (ie: adoption of the child).
Reply With Quote Quick reply to this message
 
Old 10-03-2014, 09:36 AM
 
Location: San Antonio, TX
10,860 posts, read 18,883,731 times
Reputation: 25110
Quote:
Originally Posted by Hopes View Post
You need to accept the fact your husband/boyfriend needs to pay $383 per month. If you can't afford it, one or both of you need to go get part time jobs. If he doesn't pay the child support---the full amount each month, not just $50 here or there---he can lose his licenses and that includes his driver's license. He can also be sent to JAIL. He won't be able to earn $1,750 per month to support you and your children when he's in jail. For everyone's sake, I hope the court garnishes his wages because it sounds likely he won't make the full payments if he has to write the check himself.
If he gets a part time job, they will only take more of his pay. So it makes more sense for her to get a part time job, if someone needs to.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Parenting
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top