Getting Taken Advantage Of In Child Support Arrears


(Georgia)

My husband and his first wife divorced in 1993 when their daughter was 2 years old. He faithfully paid her mostly in cash the first few years. We married in 1996 and had a daughter in 1998. The payments of $120 weekly became harder to make after our daughter was born. He spoke with her and asked her if she was willing to accept $75 weekly. She agreed and we did that for about 2 years. She began making comments about it, so I got another job and we started paying the full amount again. My husband is a machinist and purchased a machining business in 2003. After that time our finances took a downward spiral. We did get behind on the payments. We paid something every month up until 2005. There were 9 months during 2005 that we didn’t make a payment. We lost the business that year along with both our vehicles. Our home was foreclosed in 2004 due to money problems. We filed for bankruptcy early in 2006 and a few months later the ex went to child support recovery for back child support.


My husband had just found a job when we received the notice. She claimed that we owed $68,903.78 with $29,540.78 of that being interest. She went back to day one (we don't have all those records). We knew right away that that figure was incorrect. I began going back over the records that we had and found many payments that we had made that she had not listed with CSE (one for $1000.00). We made an appointment to meet at the CSE office with her and an attorney for the state supposedly. We disputed the amount and even had the numbers there with us. The attorney wouldn't even look at them. He told us that to keep from going to court the next day we need to sign papers stating agreeing to an increase in the income deduction that had already began. We asked for a review of the case and paid them $100 to do this. He said after the papers from both parties were back that we could schedule an appointment to meet in his office to discuss the actual amount owed. That is the last we heard of it.

We made repeated attempts to find out what happened with the case review and sent several letters stating that we did not agree with the amount listed. No one from the CSE office ever contacted us. We decided to wait until his daughter turned 18 and then deal with the situation. To make a long story short, my step daughter is now 18. We don’t owe any more for current support but still owe approximately. $9500. The CSE says we owe $26,235.64. This does not include any interest. We contacted the ex to try to deal with this without going through CSE. She refused. My question is what are our chances if we get an attorney to get the amount down? What about a statue of limitations (Georgia)? What should we do? We want to buy a house. We are living in my parents’ house have horrible credit.

We are not trying to get out of what is owed but we would like to be able to afford a home for our family. His ex has been remarried for several years now and she has no other children. They built a home a few years ago and have a rental property. And yet she is bound and determined to get every penny she can out of us. We just need to know what road to take so that we can put this behind us. On June 19 of this year my husband contacted CSE and asked about the results of the review and the case worker didn't know. She said that she would have to check into it and we have not heard another word about it. Would it be better to try to deal with the CSE people or get our own attorney? Money is an issue. Please Help!

Desperate in Georgia

Comments for Getting Taken Advantage Of In Child Support Arrears

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Quick Question Before We Give Our Advice
by: Child Support America Team Member

Hello,

Before, we offer our advice we need to ask a question regarding your child support payments. You mentioned paying your husbands ex in cash for a few years. We need to know did you guys ever make payments through CSE, or did you only pay in cash throughout the years?

Simply comment back to this post, and we will respond back offering our opinion for your situation.

Thanks, for your time and concern on this matter.

CSA STAFF


payments
by: Anonymous

The cash payments were paid before we were married. He didn't have a checking account for a period of time after his divorce. Since we were married in 1996 we have paid by check with only a payment or two made in cash. CSE was never involved with this case until July of 2006. Since that time all payments have went through CSE.

What You Can Do
by: Child Support America Team Member

Thanks for the reply, and Im sorry you are in this situation. Normally in most states any payments not made through CSE are considered a gift. I?m not sure if you received credit for those payments prior to 2006 or not, but the courts and CSE have the right to not accept them. So unfortunately, those arrears might be correct, if the money was not made through Child Support Enforcement.

Please know that your husband has the right to have his child support records mailed to him. You mentioned his ex sending a notice, but where did that notice come from? You guys should contact the case worker and have the information mailed to you directly from CSE. Also I wouldn?t trust that attorney from the state. He works for the state and he not on your side.

HERE IS MY RECOMMENDATION:

You should not continue to go through CSE to get this situation resolved. They have thousands of cases, so your case is not a priority. You should definitely seek out some legal counsel for your situation and this is where we can help.

Please read our Legal Help page on the nav bar to your left. It's in two parts, so be sure to read both pages. We here at Child Support America provide a low cost legal service for people that are in your situation. Its only $27 a month and its well worth it. As you read our Legal Help pages take notice of my personal story. I shared a previous child support problem I once had, and how our legal plan solved my complicated situation.

You will be surprised at how many problems you can get resolved with a legal team on your side. This service can also be used for any other situation besides child support. Our low cost legal plan has helped thousands of people all around the U.S. Its a service I would never be without. So click the Legal Help button on your left and read carefully. If you have any questions, give us a call or respond back to this post. Our number can be found on the second page near this end. When you call, please speak clearly and repeat your name and phone number twice? We will then call you back to provide additional information.

Thanks for contacting us, and we look forward to assisting you with your child support situation.

Doug
CSA STAFF

Support order
by: Anonymous

In 1993 when my husband and his ex divorced there was a support order handed down by the judge in the case. It was for 120 a week. This was not through CSE at this time. CSE never became involved in this case until 2006 when we fell behind due to losing our business and my husband not having work. I feel like it will be her word aganist ours in court.

That Seems Strange
by: Child Support America Team Member

It seems strange that the judge ordered child support without it going through CSE. I understand that every state is different, but that appears odd.

Again, I would check out our legal page and seriously consider our legal plan. Unfortunately the court and the child support system won't take people seriously without legal representation of some sort.

That is why we provide this low cost service. Most people cannot afford thousands of dollars for an attorney. Read my story, which is similar to yours. Virginia CSE was reporting false arrears on my credit report. This hurt me for eleven years without me knowing about it. I also live in Ohio

Just like you I battled with CSE with no results. Through our legal plan I had an attorney contact Virginia child support by phone and by mail.

Shortly after that, I received a letter from Virginia CSE saying that they were no longer reporting those false arrears on my credit report.

Without our legal plan, I would of had to travel from Ohio to hire a lawyer in Virginia. This would have cost me thousands of dollars to do. Since I have a network of attorneys through our legal plan, all it took was a phone call and a letter from my law firm to solve the problem.

I don't want to sound like a sales person, I just simply let people know how to get results without spending thousands of dollars. It's sad but you probably won't get the results you want without legal help. It will be your word against hers.

In addition to our legal help page, you can take a look at our Georgia State page by clicking on State Laws. Let us know how we can be of further assistance.

Doug
CSA STAFF


can i get them off my back
by: Anonymous

is it legal to pay back child support on a child 35 years old in georgia??

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