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Last Week Judge ordered over payment of child support returned plus court costs. She is on disibility and cannot be garnished. Why make an order if there is no way to get the money back?
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Orders are based on what is right, not what can be collected. Being unable to pay does not protect you from Orders, although it can protect you from their consequences.Why make an order if there is no way to get the money back?
Why pursue an Order for money from someone unable to pay? -
Wasn't pursuing an order for the money, only trying to get child support stopped because the child was no longer in school.
The judge was the one who terminated back to when the child turned 18 and ordered repayment. I think because i was able to proove that the mother and child intentionally withheld information that the child was not attending.
She is married and has a husband who makes a decent wage and the judge did make a good point and told her "your family unit benefitted from the overpayment and his family unit had to go without now it's time to pay it back"Comment
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I have to wonder why a judge would not take this into account, if they are going to make such an order. How do they expect this to happen then? Perhaps the judge had a good reason for doing this, despite Mom's circumstances?Originally posted by tkmaaaa View Post
It would seem prudent, that if such an order is going to be made, it would be easier to order that the child support payable going forward, be "less", until the overpayment is rectified, instead of relying on "mom" to come up with it. That would seem more successful.
I guess, if you have an order for this, and if Mom can't provide the overpayment/costs back, you could propose to her, that going forward, you will claw back small amounts, until the overpayment is corrected. But I'd make sure to get her agreement to this. If she does not agree, then you could approach court again.
Does the order have a date, that the overpayment/costs is to be returned by?Comment
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Ahh...I missed your response, while I was typing in mine.Comment
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Given the judge's order, and their reason for making this order, I would pursue this. Let Mom prove that she can't pay this. Sounds like she could.Comment
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This to me sounds like the judge expects the "family" (read husband) to pay back the over payment, because no doubt the husband also benefited from the extra CS.Originally posted by tkmaaaa View Post
I would say pursue it... if she is going to claim she cannot pay, she has to bring a claim for undue hardship, at which time the household income would come into play, meaning her husband would be on the hook anyways.Comment
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Hopefully the order will go to FRO and they will find ways to collect from her. She will have to arrange a payment plan with them or they will take enforcement actions. For example, they will redirect some government benefits to the payee even if she has little to no income or assets.Comment
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Depending on your co-parenting relationship and the amount of money, the option to bring her to an examination may shed light on her financial situation. If she owns real property (read: her name is on the house) then you can compel sale.
This being said, you may wish to contemplate the sum of money and what damage it would have to your relationship with your child and their mother.Comment
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The relationship with my daughter was destroyed over the last year after all the lying after i confronted both her and her mother about not attending school. I told my daughter if she lived with me she would either be working or getting an education and that if she wants to be lazy it won't be on my dime. Her response was "thats why i don't live with you".
Her mother is her best friend and I was told to mind my own business, and basically shut-up and just keep paying.
When i first served last spring, mother called me up to let me know I was wasteing my money on lawyer fees and she will make sure she takes me for everything.
Very Thankful for the judge i had. But she made it really easy in court to see what a fool she was. It was embarrassing. Walked out on the judge, my lawyer was surprised she wasn't charged with contempt.Comment
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That doesn't sound like a 'best friend' relationship to me. Best friends are like parents and siblings. They tell you to smarten up when they see you going down a bad path.Originally posted by tkmaaaa View Post
Being allowed to not work or go to school for over a year and saying it's ok we'll just hide it from your dad is setting her up for a life abusing the system. (obviously she has no medical issues or it would have been brought up at trial)
She sounds more like a 'good time' friend, those are the ones that encourage you to do things that aren't in your best interests, but as long as it serves their needs its all good.
People like this give all cp's a bad rep.Comment
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Whether or not she is able to pay now, the order has established an obligation to pay. If she wins the lottery next week, she still has to pay.Comment
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