My husband has a child support issue on his credit which is preventing us from all loans. He has talked to the Texas Attorney General's office and they say they have not issued this and have no idea what it is about, he is not behind and is current. He has contacted his ex and she has written us a letter saying she has not reported any such issue and has never sued him for this and does not plan to in the future. He has talked to his payroll dept and they say they are following proper procedure. Please someone help if you can. Thanks.
Did the ex ever collect welfare? Did the payroll dept recieve something telling them to deduct money for back child support? If so, get a copy of it which you are legally entitled to and contact whoever is on that paper. There is a paper trail, you just have to find it. Jane
Jane-yes, the ex collected welfare back in '94 so I will start there and I will get a copy of the order from the payroll dept, too. Thank you, I appreciate it.
Re: Re: child support garnishment Twyla, It's probably the welfare dept who put the order in for payback. Whenever anyone collects welfare they make them assign their child support rights over to the State. Was your husband current and did he stay current while ex was collecting welfare? If your husband was current in his child support, was never behind, etc then they cannot take his money to pay back welfare. Because if he was current and ex collected she might very well have lied to welfare dept about it and that's why they made her sign papers assigning rights over to them. Check that out. Jane
Re: Re: child support garnishment Jane - You are brilliant, I wondered why the ex was so eager to write a letter stating she had never filed suit and even went further, stating no intent to file suit etc.. We both thought, hmm, there is more to this story than we know. I will keep you posted and if you think of anything else.. please respond. I will gladly return the favor somehow. Thanks, Twyla
Re: Re: child support garnishment Did your husband pay his ex wife directly when she collected welfare? He would have been served with a summons and complaint, which he may have not responded to resulting in a default child support order. Do you know how long she was on aid for? If he did pay her directly, be prepared to show receipts because basically - if she collected welfare, and the full amount of child support directly and did not report it to welfare, that constitutes welfare fraud - basically, one of them will have to pay this back. If he can proove that he gave her money directly during the entire time, he needs to show that to the child support office. If she DID report it as income, then it isn't welfare fraud but there may be an issue of overpayments etc. You need to find out the amount of the judgment, what timeframe it runs through, and if payments were ever made toward it. Also, find out if he was served personally, or subserved - is it a stipulation, contested order, or default judgment? I'd be happy to help, if I can.. I work in child support...
Re: Re: child support garnishment actually, when someone collects welfare they must, by law, assign their child support rights to the county/state which they live in - regardless of if they're reporting the payments or not.
Re: Re: child support garnishment Nyteangel-thank you for your reply and yes please help! Tomorrow I will get a copy of the payroll document and will post the info here, we were able to buy a truck with my parents cosigning but the interest rate is 20.5% and a payment of $579 for 72 mos, the finance co. says we should be able to refinance in one year if we have payed on time every time. I am thankful we were financed but this is a nightmare. Thanks again Twyla
Re: Re: child support garnishment Be sure to contact the child support agency that it comes out of and request a copy of the order, along with a complete payment history showing any and all payments made throughout the life of the case. Ask them how much is owed, etc.
Re: Re: child support garnishment Be sure to contact the child support agency that it comes out of and request a copy of the order, along with a complete payment history showing any and all payments made throughout the life of the case. Ask them how much is owed, etc.
