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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26157
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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I am the father of the child in question. I have always tried

Resolved Question:

I am the father of the child in question. I have always tried to do what was right. The mother moved while I was overseas in the military still making payments. No forwarding address was left. This can be confirmed by the Tennessee CPS division. I tried to make payments and was told I could not and they would not hole the funds I paid. They sent the overpayments back to me and stated the case was closed and I could do nothing else. They did not have an address for the mother and neither did I. The mother was now remarried and the husband told me they did not want child support from me and that they did not want me to have anything to do with my son. I had not heard from my son in over 10 years when the mother called me and said he had questions and wanted to get to know me. I found out it was because the mother and father are now having troubles and she saw my picture on the internet due to me doing some modeling. I was contacted by the State of TX Attorney General's office stating I owed more than 22,000 USD in back child support. I called TN and they said this should not be since the case was closed and there was no way for me to pay to the account. Please assist. I believe the case was closed for over 7 years and just reopened. They speak of garnishing wages and witholding for health insurance even though I can't afford any for myslef.

Thank you.
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

The short answer is that you always owe child support regardless of whether a case is open, whether you have visitation or parental rights, or whether or not the mother/custodial parent wants the money. The only way that you're ever relieved of your obligation to pay child support is if the child is adopted.

 

However, the fact that you haven't been able to pay because you didn't know where they were, because the case was closed, etc. is helpful to you as it shows that it's not really your fault that payments haven't been made.

 

But, you do need to try to work something out to arrange payments, etc.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26157
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
I have been making payments since I received the notice. I want to stop the garnishing of my wages and eliminate the past due child support. I was also notified that they can only go back 6 years and that if the case has not been perfected in that time frame the are not legally allowed to go after that support. Is that not correct?
Expert:  Roger replied 3 years ago.

This is not true under Texas law. In Texas, if any back support payments (arrears) are owed, the court retains jurisdiction to take enforcement action until the arrears are paid in full - there is no time frame that cuts off back support and there's no deadline to enforce and collect child support. http://www.supportcollectors.com/resources_texas.php

 

You can look at the laws for each state here: http://www.child-support-collections.com/statute-of-limitations.html

 

 

Customer: replied 3 years ago.
So how can someone in my position fight back? I did not see my son for over 12 years. I did not talk to him for over 11 years. I did all I could and all I was supposed to do. Only to have CPS trying to ruin my life.
Expert:  Roger replied 3 years ago.
There's not a lot you can do in terms of avoiding payments. The child is entitled to support - even if you have no visitation rights. Thus, all you can do is try to avoid penalties and fines and stick to paying the arrearage.
Customer: replied 3 years ago.

Let me ask this. If I own a company and have my current position set up on a corp to corp basis, they can only garnish from the amount the company pays me correct?

 

 

Expert:  Roger replied 3 years ago.
Technically, yes - only your income would be available. However, it is possible that if they could prove that you were sheltering money through the company, a court could expose the LLC funds.
Customer: replied 3 years ago.
If the company has a contract with me for a set amount there is no sheltering involved as long as it is a reasonable rate, correct?
Expert:  Roger replied 3 years ago.
Yes, you'll have to make sure that the separation between you and the company is legitimate.
Customer: replied 3 years ago.
It is under a totally different EIN and fully encorporated.
Expert:  Roger replied 3 years ago.
All you can do is give it a try. It should work.
Roger, Attorney
Category: Family Law
Satisfied Customers: 26157
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 6 other Family Law Specialists are ready to help you

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