Past Due Child Support

Posted by Rain (24.50.246.145) on February 22, 2003 at 10:32:39:

I am confused as to whether or not there is a SOL on being able to collect past due child support in the state of WV. I am hearing form child support enforcement that there is NO SOL, however, if you go to Office of Child Support Enforcement website and look at WV State Profile Page, it states: "E1. What is your State's statute of limitations for collection of past due support?" answer: "10 years from and after date of judgment. Undischarged and accrued support becomes a decretal judgment by operation of law on date and not paid. WV code 38-3-18". Which to me, seems to be saying that SOL is 10 yrs.

That being said, here is the root of the problem.My parents divorced in 1975. My mother remarried in 76 and we moved from Ohio (where divorce took place) to WV. In 79, I had a bad bicycle wreck which required extensive dental work and surgery. My mother has always told me that the only time she recieved public assistance was to get medical coverage on me due to the bicycle wreck. I never saw my father as a child growing up and I can remember my grandmother telling me that my mother would have my father put in jail if he ever showed up. However, my father and I have now developed a loving relationship over the past 16 years (since I turned 16)I will be 32 years old next month and my father called me last month and told me that they are now garnishing his wages for past due support for ME. He has always worked and they never tried to garnish them when I was a child. My father was told that he owed $20,000. About $1700 owed to the state of WV, the rest to my mother. My father was told by child support worker that if my dad had paid anything to my mother to have her sign a statement as to whether or not dad owed her anything. Mom was going to do this and called cs worker, who told mom that she might face being investigated for welfare fraud....needless to say, mom isn't going to do the statement. Dad got a letter this week that child support was going to report to CRA his past due child support of $25,000....how it went from 20,000 to 25,000 is still a mystery.

Anyway, Dad has been talking with WV child support worker and found out that mom received public assistance in 1984, 1985 and 1986! Which was 5 years after my wreck and if my memory is correct, my mother and step-father owned at least one carry-out at that time!! No wonder my mother was concerned about being investigated for welfare fraud. Being a child at the time, I don't remember a lot. But I remember being in that hospital in 79 and begging my mom to call my dad...I wanted my dad there. My mother told me she called, but that my dad didn't care enough about to come. When I was 16 and started talking with my dad, I asked his why he didn't come to hospital. Dad said he DID come to the hospital, but mother refused to let him see me and had hospital security keep him off the floor I was on. Dad also told me that my mother refused to let him come visit me during my childhood and that he decided not to push the issue because I was so torn up about it...he didn't want to hurt me by fighting my mother in courts. He decided to let it rest and when I was older we would be able to visit without her interference.

I realize how important it is to pay child support. I have an ex that doesn't pay and current husband that pays every week. What gets me is the fact that my dad is now 52 yrs old and not in the greatest health and they are going after him tooth and nail for past due support owed for a "32 yr old child", when there are fathers who have children under 18 (when the support is needed most) and aren't paying but nothing is being done. My ex lives 3 blocks away now and has 3 more children and doesn't work.....is he being punished for not paying his support to our children??? NO, he is on welfare himself!!! I just learned that he owes me $6,000....had no idea what his arrears were. I worry about my fathers health...he just had a lot of medical tests run the end of January. He got off the phone with the WV CS worker and his Blood Pressure was 196/136!!!! NOT GOOD!!! And he drives Semi-truck... not the place to be worrying about this kind of thing.

Sorry.....guess I just needed to vent. The system seems to be unfair by going after this old of a case when there are cases with children still under age doing without due to no child support payments.

Any advice on what my fathers options are, please let me know. He told he didn't mind paying WV the $1700 he owes them....but is awful confused about the 20,000 and 25,000 amounts.

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