Court ordered child support refund

by Charity

In May in 2010 my bfriend finally received a divorce after two long yrs of being put off by his ex-wife. She filed for divorce in Feb 08 and moved in with her boss, she filed for temp. custody and child support in Kingsport,TN. In these Temp paper's they had joint custody each having her 3 1/2 each except 1 wkend a month giving her residentail custody for her 35 extra days a year, she stated he made $1000 a month more than he did and that he had no other children even though he had 2 from a previous marriage. The judge in this case signed the paper's never questioning anything. Of course Sullivan County Child Support office glady took this money from his wages without question and distributed it her and then took out the support for his other child (1/2 the amount) and distributed it to the other children. All cases were handled in the same office by the same case worker and she never questioned anything.

He obtained a lawyer and all the proper paperwork was filed in court but the judge refused to sign the papers or fix the child support obligation until the final decree. His ex, after learning this(did I mention at this time she worked for Sullivan Co. DHS)started putting off their divorce, everytime they would get within 2 wks of a court date she would fire her attorney and then hire another.

This went on for 2 yrs. till it finally couldn't be put off any longer. When the proper paper work for child support was filed it turned out she owed him support instead of him oweing her, her newest attorney stated in the final divorce decree that the orginal papers were wrong and that my bfriend was entitled to a complete refund of ALL support payed to her, but the papers stipulate that the state is to refund the money and he can not go after her for the refund. Now the state and local child support offices are refusing to refund his money or send it to his other children and he now has an arreage of more than $11,000. According to the local office he has to sue his ex for the refund, when shown again the paperwork that states they are to pay him and then they are to go after her they stated he had to file the proper paperwork. But now no one knows what the proper paperwork is. Can anyone tell us what forms need to be filed for him to get this money that is due to him.

And b4 anyone ask, even though she is supposed to pay him support we have on tape, with their knowledge, that if he wouldn't recieve support from her, she would get it from him reguardless.

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