Child Support. - Ponca City,OK

Updated on November 09, 2010
D.S. asks from Katy, TX
7 answers

my others halfs ex is filing for current child support on a 19 yr old who doesnt live with her. we dont have the money to go back to court. the other son who she is trying to collect off of is deceased. we don't have the money for an attorney either. she says she doesnt owe ray anything like to keep him informed of what is going on with austin. and if he calls her house everytime she calls the cops and says he is harrasing her when he is just trying to talk to his son. does anyone have experience with something like this. she doesnt know where this child is living and we are keeping track of him on facebook which he blocked his whole family off of except me. she is signing enforcement papers on him for current support on both kids. surely someone has been there done this. help

this is not arrears this is current tha they are trying to collect. he does have arrears but this is not arrears it is current.

he has been trying to get ahold of his case worker but colorado is a nightmare to deal with. he listed kenny as dead and they still have him as alive 10 months later. he told them austin wasnt living with mom in june. they say he is still living at home. he has called child support about 20 times in a week or so. austin is not going to school either he droopped out.

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C.G.

answers from Denver on

In the state of Colorado child support stops when the child turns 18 - unless they remain in college. You certainly cannot collect it on a deceased child.

That said, as long as hubby continues to pay what's in arrears you'll be fine. He would need proof in the way of a death certificate for the one child.

She's nuts and the courts will see that as long as you guys document everything. You can ask the courts for her to cover your legal fees.

Does Ray have a copy of the divorce decree? If not, get it. Colorado is big on joint custody and stating that parents must inform the other of moving and other vital information regarding children.

I've been divorced in Colorado.

1 mom found this helpful

T.N.

answers from Albany on

Hi D., is it possible it's for arrears? Not current? You're right, it doesn't make any sense he would be paying for a 19 yr old who doesn't even live at home and is not a full time student, and a child who is deceased. But it would make perfect sense if they are asking for back child support for unpaid support while the kids were underage and living with her.

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S.G.

answers from Oklahoma City on

it can be very difficult, according to oklahoma laws, child support will be collected until the child reaches 18 or graduates high school, which ever is later...how ever, there are circumstances, if the child is mentally or physically incapable of supporting themselve's i'm sure it can be ordered further more.

if your other half has not attempted to speak to or seen his son in 19 years, then i would agree he is harrassing if he's JUST NOW trying to reach him. + the son is old enough to contact you guys himself IF he wants to, and you cannot force him to.

if you cant' afford an attorney, i would sure suggest to do what you can to get one if ex already has one, then apparently something shows she has a case, it's your job to prove to that one does not exist

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C.W.

answers from Dallas on

If the child is 19 she shouldn't get child support. My divorce papers say child support is until the child turns 18. And, i don't see how she can get support for a child that is deceased. Most attorneys will give free consultations. I would find one that gives the free consultation and go talk with them just to see what they say.
Good luck!

1 mom found this helpful

K.I.

answers from Seattle on

What do your SO's child support papers say? Ours says CS is to be paid until the child(ren) are 18 years old OR finished with High School, whichever is greater.

Our kids have October B-days so they turn 18 years old, 2 months after starting their senior years'.

If the one child isn't in school OR living with the Mother and the other one is deceased? I do not even think you will need a lawyer? They should just throw it out?

Is your SO's CS enforced through the state? If so, you should have a case worker...I would call and ask them.

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L.M.

answers from New York on

This is extremely confusing. If the ex doesn't know where the child lives, then why would your other half be calling ex's house to talk to his son that doesn't live there????

I don't know why you would even need an attorney for something like this. If she's filing for current support, which she is not entitled to, then the case would be dropped. What type of documentation did you receive advising you that she has signed papers? What does the documentation say? Do you have an order to appear in court? You should be able to obtain a death certificate for Kenny, send the case worker a copy (certified mail) and ask that the records be corrected. Also send the case worker Austin's current address or proof from the school that he is no longer a student.

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G.B.

answers from Tulsa on

When you go to court take his death certificate with you or his death notice from the Ponca City Newspaper. The judges here tend to agree with the moms and it doesn't matter what documentation you have but a death certificate should take care of that issue.

As for the other, he will have to pay back child support from teh time the child was born until he turned 18 or stopped going to school and living at home with the mom, such as a college student who lives at home and still getting child support at 21....

Go to the bank building on 3rd or 4th and Grand and go upstairs to the child support enforcement office and have him ask to talk to his case worker. You might not be allowed to go in the room but might get to go in too. There is also a phone number to call for child enforcement, it's an 800 number and he can get it from DHS on Grand. it gives you the run around but eventually the same worker he would see in the office should call him back.

There are many ways they get the back support. Income taxes are the biggest way in lump sum. If you file with him you'll need to file "Injured souse", that way all of your income will be exempt from holding to give to the child support. They put a block on the refund and to get any of it released you have to file the injured spouse withing a few months of filing or they give the child the entire amount at once. They hold it for aobut 4 - 6 months and then it's disbursed. If you file injured spouse int he correct time frame they decide the details and let you know and then you get a check for the amount they will let you collect.

They will try and get his employer to hold out the full amount of child support each month before taxes. I get child support every Tuesday, that dad gets paid every Friday and by the time it's processed I get it on Tuesday. If there is a 5th week I don't get anything unless he owes back child supprt. They only hold out the amount court ordered...if it's $400 a month, and the dad gets paid every week, they would hold $100 per week and on a month of 5 Fridays they would not hold anything out that 5th week.

Anyway, child support is fun and challenging for everyone. Talk to the horses mouth in the child supprt enforcement office on grand. Or go talk to an attorney if you can find one that will do a 30 minute free consultation. BEFORE COURT!!!

One father does owe back support and the other does not, my daughter has never paid a penny so if she ever gets off the streets and gets a job she'll never see a cent of her returns for years and they will hold out the entire amount every month.

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