Can a person collect child support from 2 states on the same children?I have been paying child support on two current orders to the State of Colorado. (One case for my two older children, the other order on my two younger children). My ex wife lives in Wyoming, the Colorado payments get sent to her there. I just found out recently that she has been collecting Wyoming State (child support/welfare) services. Both are running concurrently. Is that legal? What can I do? Who do I contact? I have contacted the Family Support Registry of both States, they both told me to contact the other state. I have been paying my child support since 1992. I have no problem, what so ever, on paying my obligations. But I am now being sought after for child support arrears from Wyoming. Colorado still holds jurisdiction.
State/Country relating to question: Wyoming
Several online searches, contacting the States in question directly, help from friends and family.
Thanks for the chance to assist.I want to make sure I understand...CO has jurisdiction and your paying based on that order? Is that correct? Do you pay mom direct to do you pay the state of CO?Why is WY involved in this? Does mom live there? Is there a separate court order from WY? How did that happen?
Both my ex wife and I use to live in Colorado several years ago. There are two cases, one case is for my two oldest children, both of which have reached the age on 19, I had received notice that case was closed as of Dec 2nd, 2009. The second case is for my two younger children, both of which are 14 and 12. Since the beginning of the child support orders, the State of Colorado issued an Income Withholding Notice to all my employers.
I moved to Vernal, Utah on August 9th, 2003. My current employer had received a Notice to withhold income for child support that month. My wages get garnished every paycheck to be applied towards child support. I love it this way, there is an immediately available proof of payment that cannot be disputed.
My ex wife had moved to several places within four states in the last six years. She currently lives in Chugwater, Wyoming. My garnishments have been sent to Colorado Family Support Services, who in turn send my ex wife the money.
I found out just yesterday, Jan 13th 2010, that there was a new order to Withhold Income for Child Support, issued from Colorado, which had the exact same case numbers. On the week of Dec 8th, I had printed off all documentation available showing that there were zero arrears owed, zero withholdings, case was closed. Up to yesterday, I was not aware of an order issued from the State of Wyoming, I never received any documentation.
As to how this happened, I am not sure, other than my ex wife moving from place to place every six months or every year, filing for State Assistance. I also believe that she had received assistance from the State of Nebraska, as well as from the State of Utah. I am still discovering information as the day goes on.
That is a mess...but it sounds like this is just the CO court still...is there indication of another state court issuing an order?So you have this "new" CO order...why do you believe its in error exactly?
The only indication at this time is a phone call placed with the Colorado Family Support Registry. Kathy took the phone call. I asked her the question, she stated to me that it was an order they received for child support arrears from the State of Wyoming.
I believe this new order is in error due to that I have completely satisfied the State of Colorado for Child Support obligation, and I had received a letter stating that this case had been closed.
Bingo. ThanksOK, you have some work ahead of you...but I can at least point you in there right direction. In order to take money from you, the state must have a court order. Only the court can impose this sanction. So, the first step is to get a copy of that court order. There are a few ways to tackle this...both will require either a drive or finesse on the phone.CO should be able to provide this order...heck, they are enforcing it. I would start with them. IF they refuse, I would contact the clerk of the court for the county where your ex lives (or lived) in WY...I bet is the court she went to. If there is not an order, the CO can not take your money.If there is an order from WY and you did not go to court in WY, then the court gave what is known as a "default judgment"...that means, the court was led to believe you had been properly served notice and did not respond. If that is the case, then the judgment will stand. If that is not the case...if you never received notice, then you may be able to reverse the judgment based on lack of jurisdiction...you will need to file a case in the court that gave the order...it will cost some money since you will need a WY attorney...but if you can show that they did not serve you properly, you can reverse this and demand the money paid to date backPlease let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.
Family Law Expert
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