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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32243
Experience:  JD, 16 years legal experience including family law
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I was awarded a judgement of non-paternity on one of the 3 children named in my child supp

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I was awarded a judgement of non-paternity on one of the 3 children named in my child support order. This order has been in place since 1994. I got behind, a little, and did not modifiy the order, but have never stop paying the support. My youngest child turned 17 in 2004. I am still paying to this date...No one will listen to me. This is in the state of Missouri. What is your advice on my course of action?
Submitted: 2 years ago.
Category: Family Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

The court entered an order indicating that you were not the father, but required you to continue paying support for that child?

What are you trying to achieve here?
Customer: replied 2 years ago.
I was in the arrears of about $14,000 as of last month. This morning it went down to about $8835.00. It was ordered that all arrears and support for the one child be terminated. I have already payed in to the support over $50,000, when I was only obligated, from my calculations $36,000.00
Expert:  Tina replied 2 years ago.
I see.

Yes, an order of non-paternity typically indicates that you are not the biological parent and your obligation to pay support is terminated, with no further payments being required.

So if you are being sought for payment of support on this child, you could normally use the order you obtained to avoid payment.

If a state agency is seeking payment, you would typically need to file suit against them seeking a declaration from the court that you do not owe any further support for the child since you are not the biological father and the court has ordered that you do not owe support, but you will need to obtain a copy of that court order.

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Customer: replied 2 years ago.

I need to know who do I contact about the overpayment to get it credited to my existing balances, as I have already overpayed.

Expert:  Tina replied 2 years ago.
Are the amounts being deducted from your wages pursuant to a wage garnishment order?

Who is compelling the overpayments from you?
Customer: replied 2 years ago.

Yes they are being with held via wage garnishment. My Ex-wife, who filed the order in 1994.

 

Expert:  Tina replied 2 years ago.
I see.

In that case, you would typically need to file a motion with the court to terminate the wage garnishment order since a court would have to enter an order to garnish your wages typically.

Then you could sue your ex separately to attempt to disgorge any overpayments she has received to which she is not entitled.
Tina, Lawyer
Category: Family Law
Satisfied Customers: 32243
Experience: JD, 16 years legal experience including family law
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