Family Law Questions? Ask a Family Lawyer Online.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.
This is happening because you nor the mother have the legal right to waive child support for the child. This is so because child support is the child's money and it can't be taken away by the parents under any circumstance.
Even if you're paying money to the mother to support the child informally, it doesn't count toward your obligation that the state has imposed on you. Since you've fallen behind because you stopped paying through the state agency, they've begun a garnishment to pay your support obligation.
You're going to have to pay the child support, therefore, you should consider stopping the independent support because you're not going to get credit for it.
If it makes any difference both him and she live with me. It doesn't really make sense that they are doing this when i put the child support on my self in the first place...i wasn't forced to.
The state should be acquiring the money from the garnishment and turning it over to the mother. If this isn't happening, you or her need to call and find out where the money being garnished is going.
The state agency should have records of where every penny garnished is.
What else do you want to know?
I can't tell you what they're doing with the money if they're not paying the mother. The only way to find this out is to call and ask for an accounting of the money taken from your employer for child support.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).