Child support Arrears And Interest Added By the State

by Kristy Roberson
(West Virginia)

I live in West Virginia, and I am receiving payment for child support arrears. This state adds interest to owed arrears. The money is taken directly from my ex husbands check, and our children are now grown. The ONLY thing that is owed to the state is interest, which continues growing continuously. AT one time the state told me that all monies that were listed on an audit I received was money owed to me. Last week I got a letter stating that all he owed me was a sum of approx. $4700, and approx $13,000 in interest to the state. I have not received any monetary help from the state in many, many years, any TANF received was repaid long ago.

Last year and this year both, the state received his federal income tax.

I read that the mother gets paid first if not receiving help from the state. They paid me the minimum amount that they said I was due for the month which was $256. Last year they kept about $1200, and this year they kept $800. I also read that all monies until the arrears are paid goes to the mother, and then the state can continue to collect. The mother and the arrears are the first obligation. They said that since it is arrears there is no court ordered amount, and they are allowed to keep all of what is considered "other"monies over the amount that THEY decided I was allowed. He has no other children or court obligations just this one. I have three children by him, and his original order was $375 a month and that was in 1981.

It seems to me that if they would have used that amount, it would have been paid off sooner and saved him interest, but they said they didn't have to do that. Also, if they gave the mother all the money they received since I am not being paid by the state, I would be paid faster and save him interest. Can they add interest to interest? Also, it just seems that they use this term "other" money to cover anything not coming from his paycheck, however, doesn't federal and state income taxes come from his paycheck? Shouldn't that be sent to the mother. I am tired of arguing with them, and they always have a smart answer and unfriendly people, so I give up.

I think they think we are to ignorant and they can tell us anything is the law and we have to believe it. I also think, that they do this so they can collect at least part of the interest before the mother is paid, because I believe once the mother is no longer owed anything they may lost the interest. Oh, he lives in the state of Maine, and they don't add interest or acknowledge it, so when I am paid, they won't require him to pay anymore, and this state will lose the interest, they know this, because we had to go through Maine once before to restart payments when they thought that I had been completely paid, they told my ex this and my state, which they relayed to me, thus, giving them reason so get as much as they can now.

Thank you for your help,

Kristy L. Roberson

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Child Support Questions
by: CSA Staff

Hi Kristy!

It seems as if you need some serious legal advice. We offer a legal plan through our V>I.P> membership. Also you can contact your local legal aid society and see if you are eligible for any free legal help.


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