Unfair Child Support Arrerage and Tax Interception
I met my husband in 2006. He was behind in child support, in and out of jail for failure to pay on time, and struggling to make ends meet. If he was behind even once, his ex-wife would call child support and have him put in jail.... which is what got him so behind. He could not pay wihtout a job!!! I met him (he is a WONDRFUL MAN), and we began a life together, marrying in 2008 and now have a beautiful son that is almost two. Child support notified us back in 2007 that he was behind about $10,000. She took her claims of non payment all the way back to day one, and they lived togehter after their son was born for over a year! The judge sided with her. Since I was not around then, and there was no proof that he had made payments and that they lived together, I felt he owed the arrerage. We filed some taxes from previous years he had not filed and all of that money went towards the arrerage. We wree left with about $8000 in arrears. We paid every dime of that off and all of his payments, since 2007 have been directly deducted from his paychecks. We have not missed ONE payment! Child support takes his payments right from his paycheck, so we could not get behind! Child support, for some unknown reason, has been accruing arrearage in his medical payements for some time now. He pays 678.38 monthly, of which $98 goes towards half of his medical expenses (which we have never seen a record of from the mother).
Last year child support took $615 of our tax money and
claimed that he was in arrears. We asked for a hearing to dispute this interception. When we got to court, child support sent out an agent to apologize to use and tell us taht they had made a mistake, reviewed the records, saw that we had paid that huge balance long ago, and that we would get all our money back. Eventually, we actually did get the money refunded. Now, this year, same thing. Only this year they took $832 of our taxes. We are requesting a hearing again.
My husband has been to the child support office about 15 different times this year. No one can explain how he is falling into arrears each month. They CLAIM he misses $11.51 each week in his payments and that is how he falls into arrears, but they can't tell us WHY that amount is not paid each month that THEY deduct!!! They send a deduction order to his work for an amount and it gets paid!!! So, why are we falling behind??? No one will help us, they just claim we are behind and owe the money and keep taking it from us in the form of tax interception.
We are so frustrated and confused. We make the payments that child support has set and deducts!!! When you add up the weekly payments he makes, multiply by 52 weeks, it acutally comes out HIGHER than the monthly support specifies.
My best guess is to hire an attorney, which we can't afford. But can an attorney go to bat for us against child support in a challenge to recover arrearage?? Can they help us fight the child support agency???
Please help, any advice is surely appreciated!!!