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VAMD, Esq., Attorney
Category: Family Law
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My son is now 25yrs old. When my ex-wife left i didnt know

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My son is now 25yrs old. When my ex-wife left i didn't know where she and my son were for 7yrs. When she finally contacted me we made the agreement over the phone that because of the situation she would never come after me for child support and she said she didn't want it. 2yrs ago i applied for a vista was refused and the government cleaned out my account and is taking $100 from my disability check a month. In 15 years she kept here word,and though i didn't have any contact with my son it was better then putting him through hell .My ??? how do i stop the harrasing and/or possible wage garnishment?? And remove it from my credit reports??

Submitted: 12 months ago.
Category: Family Law
Expert:  VAMD, Esq. replied 12 months ago.

Hello and thank you for allowing me the opportunity to assist you.

Q: My ??? how do i stop the harrasing and/or possible wage garnishment?? And remove it from my credit reports??
A: I'm sorry to say that you likely cannot. First and foremost, even the custodial parent cannot bargain away child support payments, since they are technically for the child's benefit, not the custodial parent's benefit. So, any agreement to bargain away those benefits would be a violation of public policy, and would not be upheld in court. Second, there is a very good chance that your ex received money from the state to help support your child since she was not receiving child support. If so, then the state now has a claim against you for the amount that it paid your ex. Accordingly, it's quite possible that your ex actually has nothing to do with your checks being garnished. You may be able to argue that you shouldn't have to pay for the time where your ex was hiding your child, but once contact was made, you had an obligation to pay child support despite the phone agreement. I truly wish that I had better news.

I regret that my answer is unfavorable, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than a truthful response. With that in mind, I hope that you found value in my answer. If your concerns were not satisfactorily addressed, then feel free to let me know, as I will be happy to clarify my answer. In the meantime, please remember to give me positive feedback so that I will receive credit for my time (doing so does not end our discussion).

Thank you and good luck!

VAMD, Esq., Attorney
Category: Family Law
Positive Feedback: 97.3 %
Satisfied Customers: 8510
Experience: Licensed to Practice Law
VAMD, Esq. and 7 other Family Law Specialists are ready to help you
Customer: replied 12 months ago.

So i am obligated to pay for my son who is 25yrs old and in the military. And no she had nothing to do with it.It is my understanding and first hand experience yhat the state could do nothing unless she pushed the issue. And at no time did she recieve state or federal help. Your right the news sucks but at least i know where i stand.Thank you.

Expert:  VAMD, Esq. replied 12 months ago.

Hi again.

I doubt the recent garnishments is for supporting your 25 year old son. I'm sure it's back support for supporting your son before he was an adult. But your ex must have gotten the state involved at some point, or they wouldn't be after you now. They wouldn't even know that you were delinquent unless they were informed.

In any event, because of the public policy issues stated in my prior answer, you likely do owe the money. I wish that I had better news.

Please remember to rate me positively. Thank you and good luck!

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