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Family Forum / Parenting / Parenting / March 2007HELP! When will it stop????
Hey guys, My child support is paid in the state of Arkansas. I live in another state. The child should graduate May 2008. The mother held the child back in 6th grade. I just found out the child was in rehab off and on over this past year and a half. The mother was also in rehab at the same time and I was not informed. The child says he is in the 10th grade this year 2007. If he stays in school this would put him to graduate in the year 2009. In the state of Arkansas it states that the non-custodial parent will pay child support until the child is 18 or graduates from high school. If a child has been held back do I still have to keep paying until he graduates? Could this drag on for years after he is 18? I don't even know if he will pass the 10th grade since he missed so many days over the past year. I also found out he has a girlfriend that is pregnant now by him. To add to the burn the mother had everything paid with medicaid and the child has always had insurance. Now medcaid is trying to get paid from the insurance company. I've looked all over the internet for information on this. Will medicaid come after me for the ballance? Will they take it through the child support or try and get it from me directly. When will this ever end? I'm glad for this group as I've read many posts and feel the same way a lot of you do. Does prayer help? > Hey guys, > My child support is paid in the state of Arkansas. I live in another [quoted text clipped - 6 lines] > non-custodial parent will pay child support until the child is 18 or > graduates from high school. If it actually says "OR" then I would assume it would mean OR. Until the child turns 18, OR graduates from high school. If it said, "until the child turn 18, unless he hasn't graduated high school" then that would be another issue. I would look into that. Most states stop at 25 years of age, regardless of school, unless there is a special need such as the child is a vegetable and needs constant special care. > If a child has been held back do I still > have to keep paying until he graduates? Could this drag on for years [quoted text clipped - 7 lines] > Will they take it through the child support or try and get it from me > directly. When two insurances are involved, the other insurance usually needs to pay up first. After that, its your ball of wax. Usually though, the other insurance takes care of a good deal of the debt. Personally though, you should probably just set up a corporation, pay yourself a minimal amount, live on the corporation, then wait for the statute of limitation to run out on the debt. My experience is, the government is very good at figuring out how to put and keep a person in debt, that's how it maintains its slave count. It has been my experience that it is usually best to just not pay them, if you can do it. There was even a state where the supreme court already ruled that after 7 years of non-payment, even a child support debt is unrecoverable. I have not verified it though, but it sounds reasonable, since there are several regulations about debt collections. After 7 years, even the credit agencies don't report it. I think the state was Indiana or some eastern state in that area. > When will this ever end? > I'm glad for this group as I've read many posts and feel the same way > a lot of you do. > Does prayer help?  SignatureThe Source For Premium Newsgroup Access Great Speed, Great Retention 1 GB/Day for only $8.95 > > Hey guys, > > My child support is paid in the state of Arkansas. I live in another [quoted text clipped - 42 lines] > don't report it. I think the state was Indiana or some eastern state in > that area. Money judgments for CS accrue monthly until the final payment accrues. Then a money judgment remains in effect for 7-10 years based on state law. At the conclusion of the 7-10 year period a money judgment can be re-upped for another 7-10 years until it is fully satisfied. Yes, this sounds correct. I do not know the D.A.'s diligence in renewing orders. >> > Hey guys, >> > My child support is paid in the state of Arkansas. I live in another [quoted text clipped - 55 lines] > for > another 7-10 years until it is fully satisfied. SignatureThe Source For Premium Newsgroup Access Great Speed, Great Retention 1 GB/Day for only $8.95 On a side note, I seem to remember though that if the order runs out before it is renewed, then it is lost. Again, I am not 100% sure, but this is what I remember from looking these things up a few years ago. > Yes, this sounds correct. > [quoted text clipped - 62 lines] >> for >> another 7-10 years until it is fully satisfied. SignatureThe Source For Premium Newsgroup Access Great Speed, Great Retention 1 GB/Day for only $8.95 >After 7 years, even the credit agencies don't report it. Debts come off credit reports 7 years following the date of the last activity, not the date of the debt. "Activity" could be as simple as reporting. Payment is also considered an activity. If a debt is written off, then the creditor cannot keep reporting; however, it can sell its written off accounts to collectors which will begin the clock again. I suspect arrearages are seldom, if ever, written off by child support enforcement and, dependent upon amount, may be reported regularly until collected in full. I also doubt that child support enforcement lets judgments "die" as they have lawyers on staff and the lawyers probably use templates to file for extensions on judgments. Beverly > >After 7 years, even the credit agencies don't report it. > [quoted text clipped - 10 lines] > lets judgments "die" as they have lawyers on staff and the lawyers > probably use templates to file for extensions on judgments. You are correct. Up until the point current CS stops accruing, there are limits on how much or the arrearages can be collected. (In my state it is the current CS order plus 20% to go against the arrearage.) When current CS payments are no longer accruing, wage withholding reverts to 100% of the last CS ordered amount until the arrearage is paid off. (In my state that means the amount collected against the arrearage goes up 5-fold so it is paid off sooner.) This all sounds correct. However, things change too. I am sure that in 20 years or so, child support will be quite different. Child Support is so over inflated and so terribly unfair to the common man that laws are likely to change. Once the politics finally change, there is always a chance that the injustic of it all will allow a debt to go. But the change is still far off. I do know however that I read on the NOW website that they were indeed complaining that a supreme court judge did indeed rule that after 7 years, a debt is no longer valid. I do not know the circumstances nor the state that made the ruling, but they did say that if it wasn't paid for 7 years, it would be gone. >>After 7 years, even the credit agencies don't report it. > [quoted text clipped - 11 lines] > probably use templates to file for extensions on judgments. > Beverly SignatureThe Source For Premium Newsgroup Access Great Speed, Great Retention 1 GB/Day for only $8.95 > Hey guys, > My child support is paid in the state of Arkansas. I live in another [quoted text clipped - 7 lines] > graduates from high school. If a child has been held back do I still > have to keep paying until he graduates? Yes. Could this drag on for years > after he is 18? Yes. But practically you need to check to see what Arkansas law says about ongoing enrollment outside of the high school. What you need to find out is - If the child drops out of enrollment at the high school, and pursues a GED at a junior college, whether the state CS law still applies. I don't even know if he will pass the 10th grade since > he missed so many days over the past year. > I also found out he has a girlfriend that is pregnant now by him. > To add to the burn the mother had everything paid with medicaid and > the child has always had insurance. Now medcaid is trying to get paid > from the insurance company. I've looked all over the internet for > information on this. Will medicaid come after me for the ballance? When a custodial parent goes on a state medical plan they are required to assign their CS benefits over to the state. If everything is being done above board the state is already using your CS payments to offset the cost of medicaid. It sounds like the child's mother was double dipping from medicaid and private insurance which is fraud. > Will they take it through the child support or try and get it from me > directly. > When will this ever end? When the child reaches the age of majority in state CS law and you take the legal steps to ensure the CS money judgment is closed out, the CS payments are removed from your credit report, and the case file is closed. >>Hey guys, >>My child support is paid in the state of Arkansas. I live in another [quoted text clipped - 33 lines] > of medicaid. It sounds like the child's mother was double dipping from > medicaid and private insurance which is fraud. ...and watch your a.s if this is the case because when they find out what happened, they will come after YOU for the money she embezzled. I spent some time in jail because my ex was double-dipping like this without my knowledge (she told a half-truth that she was off Welfare... but our son was still on it). - Ron ^*^ > Hey guys, > My child support is paid in the state of Arkansas. I live in another [quoted text clipped - 6 lines] > non-custodial parent will pay child support until the child is 18 or > graduates from high school. == Are you sure? How do you know this? Believe it or not, some NCPs believe what their ex's tell them and don't really know what the statute says. In FL support continues to 19 if the child is still in high school and IF there is reasonable expectation that he will graduate by age 19. Read the statute carefully. Of course, if she's on welfare, you will continue to pay the state. I do believe the child is in the 10th grade and should be in the 11th. I do plan on calling the school to find out how much school has been missed. I also believe the child has missed most of this school year and might not move on from the 10th grade this year. Why does Arkansas not have a law at 19 it stops regardless if in school or not. At this point the kids are not children anymore. Someone needs to change the laws I guess. It does state that CS stops when the child is 18 or when the child finishes highschool in Arkansas. So, he could drag this out? What about any lawyers? Can a lawyer help you get out of this once they are 18? As far as the Medicaid I knew nothing about it until a year and a half later. My insurance has been showing bills the past few months. I don't understand why she would do this other than she did not want me to know he was put in rehab. She was also put in rehab and that was why. She did not want me to come get him I'm sure of it. Now, with him having a girlfriend and a baby on the way I'm afraid this is going to drag on. If he was going to graduate in 2008 but she held him back and then he does not go on to 11th this year it makes it three more years? OR more? How can this be? >I do believe the child is in the 10th grade and should be in the 11th. >I do plan on calling the school to find out how much school has been [quoted text clipped - 8 lines] >about any lawyers? Can a lawyer help you get out of this once they are >18? I believe that some states put a cap on how old one can be and still in regular high school. Is there is delimiter for the "or" clause? (i.e. whichever is later/earlier) >As far as the Medicaid I knew nothing about it until a year and a half >later. My insurance has been showing bills the past few months. I [quoted text clipped - 3 lines] >having a girlfriend and a baby on the way I'm afraid this is going to >drag on. Chances are, he will be forced to drop out of school to work in order to support his child. I also believe that becoming a parent, oneself, is grounds for emancipation. >If he was going to graduate in 2008 but she held him back and then he >does not go on to 11th this year it makes it three more years? OR >more? > >How can this be? Don't freak out yet. Beverly I did talk to a lawyer in that area and was told that once the child is 18 that should have a case. I believe this is happening more and more. The lawyer told me once the children figure out how this works they try and drag it out. The state also tries to drag it out. He said that more and more the CS people will fight you if you try and stop it and the child has not graduated from high school. They should put a cap on this. We all know what is going on here, we are not stupid. We are just to lazy and tired to get out and do anything about it. Most of us just want to see an ending. |
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