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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116152
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My child support case was closed several years ago. Just received

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My child support case was closed several years ago. Just received a letter from the child support division indicating that my child support case was reopened and I have to pay again. My child support was payroll deductible. My case was closed, I believe 2004/5 but reopened 2012. My children are 32,30,27,22. My X wife lives in Ca and is very devious nature.

My question is, can the child support division reopen my case without cause after it was closed for several years? Did my x wife cause this to happen? What are my rights and how can I fight this?

I'm now retired but however I still do have some of my receipts. Does she have to prove after all this time that has expired that she did not recieve her child support or do I have to prove that I mailed the child support? Can she be charged with fraud concerning child support that she received that she say she didn't if I can prove it with my receipts?
No, they cannot reopen the case without some just cause. The only reason they would reopen the case after this long would be based on a complaint from your ex spouse. You will have to discover the grounds for reopening the case and if it has been improperly reopened you need to go to court and file in court to terminate support again AND as part of that suit you would seek legal fees and damages for her filing a fraudulent claim to reopen the case and the court will issue the order to child support to cease the collection and will order her to pay damages for filing the false complaint.


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Law Educator, Esq. and 2 other Family Law Specialists are ready to help you
Customer: replied 4 years ago.

I'm sure it was improperly reopened seeing that i have not spoken with her since 1998, Besides she lives in CA and i live in Texas.


 


My question, the attroney general has forward paperwork to my new employment to take out money for child support. Will i get that money back? Will this be a felony toward her for filing a fraudulent claim? Do i need an attroney now or can i simply ask the child support office on what grounds is this case being reopened then get an attroney? Without an attroney what would i have to prove in this case?


 


 

You need to immediately file a motion for a stay of enforcement because while you can get a refund of the money, it is so hard to get it back and can take forever. You need an attorney now, dealing with child support enforcement as an alleged violator is almost impossible because they consider you guilty even though you are not. You can call them and see if they will even answer the phone, but I would suggest an attorney to file in CA for a motion to stay the execution of this and then to object in the court. You have to fight this in CA where it was issued, so without an attorney you stand having to do a lot of driving and you have to properly present evidence that you actually paid what they are seeking from you.