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Dealing with Child Support Enforcement

CheerileeCheerilee member
edited August 2013 in Blended Families
Before DH got sole custody of SS, he had to pay child support to BM.  At that time, he just sent a check into family services every month.  At one point, she went bat shit crazy and DH obtained unofficial physical custody.  He had him every day, every night, and every weekend.  She would see him for a few hours a few days a month but was more concerned with her drugs, drinking, and boyfriends to care.  During this time, DH didn't pay the monthly $700 because he had SS and couldn't afford to pay for everything on his own PLUS pay the child support - which she wouldn't have been using on SS since DH had him.  This went on for 5ish months before the courts awarded DH custody.  All of the arrears went into non-enforceable status and the case against him through child support enforcement was closed.  He didn't realize there was even a balance out there until our attorney was notified of this after a car accident settlement.  We've sent a letter asking for official "proof" that the amount is non-enforceable.  Does anyone know what kind of timeline we're looking at for receiving a response?  Does anyone have experience with non-enforceable arrears?  Why would it still show a balance if it's non-enforceable with the case closed?  We even asked if we COULD pay, just to get that amount out of his name, and we were told no - they'd send the check back to us if we sent it.  I don't understand this at all.  

ETA: I should mention that we are in a different state than the CS enforcement agency so our attorney can do nothing for us.  If we need an attorney for anything, we'd have to hire one from out of state.  However, CS enforcement told us we just need to send a written request for a letter.  I'm sending one in the mail and via fax - just to be safe.
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Re: Dealing with Child Support Enforcement

  • HisChamaoleGirlHisChamaoleGirl member

    When DH was told he had an amount due from a cs agency I sent in proof of his payments through fax and through email to the woman who was assigned to his case. She said that the amount would stay on his account but with a note of non enforceable with the receipts proving payment attached. To make us feel more comfortable she even provided an official letter explaining the situation and saying that DH was not in arrears.

    Perhaps this is something you can get from them for peace of mind?

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  • CheerileeCheerilee member
    This is exactly what I'm trying to get!  I'm glad someone knows what I'm talking about :)  There's not a specific person assigned to his case, though, so we sent a letter into the enforcement agency in general.  How long did it take you to get the official letter?

    To get it into non-enforcement status, DH had to show proof he'd been the sole supporter for that period of time - which DH was able to do through receipts and time logs from work from lost hours for therapy appointments for SS.  All of that proof is noted on the account.  I think it's silly that the balance can't just be zero since there's no way she can ever reopen that case.
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  • HisChamaoleGirlHisChamaoleGirl member

    I called, faxed, and emailed daily so after a few days someone just sent it. I guess I was pushy enough and in that case it worked out.

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  • CheerileeCheerilee member
    That's a good idea.  Thanks :)  I mailed and faxed requests.  I also included in the letter a way to fax the letter to our attorney.  If we don't hear back at the end of next week, I'll have DH call again.  They did say DH's dad could request a letter and have it right away.  However, DH would have to submit a written request to let his dad discuss the case with them.  It would take the same amount of time to go that route.
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  • karatechrissykaratechrissy member
    *HiS ChAmAoLe GiRL* said:

    I called, faxed, and emailed daily so after a few days someone just sent it. I guess I was pushy enough and in that case it worked out.

    My mom always says 'the squeaking wheel..."

    I like this method.
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  • CheerileeCheerilee member
    We were first under the impression we'd HAVE to pay her the non-enforceable arrears amount - even though the judge said she wasn't entitled to it - in order to get the accident settlement.  The last thing we wanted was to hand over $3500 that wasn't hers for a child she wasn't taking care of.  I'm thankful that isn't the case.  
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  • NineoceansNineoceans member
    That would be really really frustrating. We had something similar so we put it in the court order that the balance of CS was to become $0, Bm signed it and Dh signed it. We had to give up A LOT to get her to sign it but it's worth it. It would stress Dh and I so much to have to worry about someone making an error and randomly taking a tax return or something else happening with that money looming.

    We sent the court order to CSEA and they sent us proof that our balance was $0
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  • CheerileeCheerilee member
    That's a great idea.  If it ever comes to redoing the CO, that would be a great addition.  I'm sure she'd want something in return.  
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