Back cs - father illegally lowered cs


#1

I guess my question would be why you didn’t address this sooner? Talk to your DSS office of child support.


#2

If it was court ordered, then you should still have grounds to enforce the arrears. He doesn’t stop owing just because the child came of age. Remember anything court ordered can and must be enforced.


#3

I didn’t do anything sooner because I had hoped that he would do the right thing and did not want him to force me to go to court over this. No, it was not court ordered; he voluntarily agreed to pay an amount that was somewhat higher than required by law. He made (and still makes) four times more than I do (he is a pilot and I am a 9th grade English teacher).

I have gone into debt paying off college and automobile expenses that he had agreed to pay (which were to be separate from child support).

I called the divorce lawyer that I used but he is out of town for a week. He will call when he returns.


#4

Now I found out that the ****** claimed the children as dependents on his 2004 taxes (and probably other years as well), which caused IRS to send me a packet denying my status as head of household. I had to send pages and pages of documentation to prove that I am the custodial parent or pay $3,000 in back taxes.

He was told that he could not claim them unless I signed over that right to him. Did I do that? NO!!! Now we are both dealing with IRS over his stupidity and greed.


#5

Are they just now figuring that out for 2004 taxes? I am going through that with 2005. Does this mean it will be another year before they make him pay it back?


#6

I don’t know if he did the same thing in other years or not. This just surfaced recently. He texted me today that he was sorry about the confusion and would “help” me pay any back taxes. I texted back that I did not owe any taxes and that he better check the rules again because he just messed up in a big way.

Someone gave him some really bad advice. It was probably another pilot. Have you heard this joke? “How do you make a ******** (company name left out) pilot a millionaire? Give him two million to invest.”


#7

Sounds as though you did a little too much trusting after the fact. Anything that is/was court ordered or in writing in your separation agreement is enforceable. Why you didn’t go after this sooner is the problem, but doesn’t sound like you will make this same mistake again.


#8

Dear pwiggins:

Greetings. Yes, if a father is paying child support pursuant to an agreement or court order, and then he just stops paying as much, the other amount can be recovered. No, college expenses are the obligation of the child, not the parent. Also, if automobile expenses are for a child over the age of 18, then they are also the child’s obligation. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#9

Thank you for your responses to my question.

The college and automobile expenses for the older daughter were part of the legal agreement that he ignored, in additon to cutting the amount of child support. I have spoken to my attorney and am prepared to take legal action against him.

When I informed my lawyer that the ex claimed “head of household”, he responded immediately, “He can’t do that!” We told the ex at the time of the signing, and I reinterated it several times since then.

I am going to give him a chance to make this right before we go to court. Wish me luck.


#10

Once the marriage has been dissolved you have between the two of you what amounts to a business arrangement that is court ordered. Just as in business both parties must keep up their end of the deal and comply with the terms of the agreement. It is admirable that you are trying to give your ex an opportunity to “make things right” before taking him to court or going the legal route but from your prior posts it seems that he has not done the right thing previously and this has already hurt your financially and legally. I would have something in writing drawn up by your lawyer giving your ex a specific amount of time to respond and reimburse you and inform him that if that is not done you need to pursue this legally and then follow through so he knows these are not just empty threats.


#11

Dear pwiggins:

Good luck! Also, I agree with mal that the best way is to have your attorney send him a letter advising him of the response you expect and the time frame you expect it in. Then FOLLOW THROUGH! Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#12

Follow up to last post:

I sent my ex a letter outlining the total amount of child support ($31,000+) plus college expenses ($45,000+) that he did not pay according to our contract (complete with itemized chart). I told him that my lawyer stated that I had legal recourse but that I wanted to give him a chance to do the right thing first.

He responded via voice mail within hours of receiving the letter. He is “disappointed in me” since he has been “so good to me over the years”. His “legal advice” told him that he did not owe anything because his income was lowered during the last few years of our divorce. He actually paid me “more than the court would have ordered given the circumstances”. If I wanted him to take me to court, he would do so. He could not and would not pay anything else.

I immediately called my lawyer for a meeting on 11/6 to begin legal proceedings.


#13

good luck…hope things work out.


#14

Dear pwiggins:

Let us know what you agree to or what the court orders. Good luck.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#15

I have sent him a final letter via my lawyer. The amount of owed money has risen to $106,738 which I have offered to take in 50 payments of $2,000 ($100,000). He has until 12/12 to respond through my lawyer. If I do not receive a satisfactory response, my lawyer has instructions to proceed through the courts. The price will then increase (lawyers fees, interest on the money, etc.). Thank you for your help.


#16

If a father reduces the amount of child support without going through the courts, is it possible to recoup that amount? He cut cs by 1/3 for the past two years without my consent. Our youngest just turned 18 and cs was stopped.

Also, he was supposed to pay automobile and college expenses for the middle child which he did not pay.

What legal rights do I have to make him make up those past amounts?