I have just moved to missiouri to receive medical treatment here. ( end-stage hep-C got as medic in Viet-nam ) I have been faithfully paying my child support all thru the years my children were growing up. My child support order was started ( court order) in Washington state. They are the receiving state. My children are now 29 and 24 years old and I am paying a balance amount of child support that was tallied afer they both were 18 yrs old. The court in washington state held a phone interview and decided that; when my older son was 21 that they had only recieved child support until he was 18 and they long longer had a copy ( of the 18 yr. old stop date) sitting in front of the judge , sooo., they wanted 3 years back child support. I said i would send them ( fax ) a copy of the order , but judge said %26quot; it should be in your file, since it isn't pay the 3 years back owing!%26quot;
Long to short, now in missiouri, they want it all now( iv'e been paying a low monthly amount) I need help !
Answers:
Do you have a court order from the last hearing that stipulates at what amount you are to pay?
If so, has there been a new order issued?
EDITED BASED ON RESPONSE:
First of all, Missouri has no jurisdiction except to act as collector for Washington. so you getting po'd at Missouri is a waste of effort.
Secondly, you need to file an appeal to the District Court in Washington with a Motion to set aside the previous order on the basis of Judicial Mistake.
And then you have a lot of reading to do.
DOE V. IRWIN, 441 f. SUPP. 1247, U.S. DISTRICT COURT OF MICHIGAN (1977)
%26quot; courts (must) indulge every reasonable presumption against waiver of fundamental constitutional rights, and... .not presume acquiescence in the loss of fundamental rights%26quot;
DIMICK V. SCHIEDT, 293 U.S. 474 (1935); 304 US at 464
%26quot;Disobedience or evasion of a Constitutional mandate may not be tolerated, even though such disobedience may not be tolerated, even though such disobedience may. . . . promote in some respects the best interests of the public.%26quot;
WATSON V. CITY OF MEMPHIS, 83 S.Ct. 1314, 375 U.S. 526, 10 L.Ed. 2d.(1963)
The pleading of one who pleads pro se for the protection of civil rights should be liberally construed.
BLOOD V. MARGIS, 322 F.2d 1086 (1971)
%26quot;We find it intolerable that one Constitutional right should have to be surrendered in order to assert another.%26quot;
SIMMONS V. UNITED STATES, 390 U.S. 389 (1968)
%26quot;Whoever, under color of law, statute, or ordinance, regulation, or custom, willfully subjects any inhabitants of any state to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or Law of the United States. . . shall be fined no more than $1,000 or imprisoned one year or both.%26quot;
Title 18 U.S.C.A. 242 (U.S. Criminal Code)
Title 18 U.S.C.A. 241, 242 are the criminal equivalent of Title 42 U.S.C.A. 1983, 1985 et seq. %26quot;Judges have no immunity from prosecution for their judicial acts.%26quot;
BRADLEY V. FISHER, U.S. 13 Wall. 335 (1871)
%26quot;When a judge acts intentionally and knowingly to deprive a person of his constitutional rights, he exercises no discretion or individual judgement; he acts no longer as a judge, but as a %26quot;minister%26quot; of his own prejudice.%26quot;
PIERSON V. RAY, 386 U.S. 547 at 567 (1967)
%26quot;We should, of course, not protect a member of the judiciary %26quot;who is in fact guilty of using his power to vent his spleen upon others, or for any other personal motive not connected with the public good.%26quot;
GREGOIRE V. BIDDLE, 177 F.2d 579, 581.
%26quot;Government immunity violates the common law maxim that everyone shall have remedy for an injury done to his person or property.%26quot;
FIREMAN'S INS/ CO. OF NEWARK, N.J. V. WASHBURN COUNTY, 2 Wis.2d 214, 85 N.W.2d 840 (1957)
Immunity fosters neglect and breeds irresponsibility, while liability promotes care and caution, which caution and care is owed by the government to its people.%26quot;
RABON V. ROWEN MEMORIAL HOSP., INC, 269 NSI. 13, 152 S.E.2d 485, 493 (`1967)
Do you have a phone book with attorneys in there?
If you haven't spoken to a lawyer you should, if you have records that say you've made the payments already he'd probably be able to help you straighten it out.
See a lawyer and bring all of your documentation with you and make sure that you give them the copies and keep the originals.
I don't have a legal answer but it doesn't sound right unless the they attended college, I've always heard you must pay after a child is 18 as long as they attend college. Never heard of anyone paying child support after 18 years of age without furthering schooling unless it was back child support owed. Good luck.
I sympathize with you; the %26quot;family courts%26quot; are notorious for doing stuff like this to decent parents. I have no idea what you can do... maybe contact the bar association in Missouri.
All can offer is moral support, on this one.
God Bless.
Shouldn't have had kids in the first place. Now pay up. And you thought hookers were expensive.
contact a lawyer
Hey,I got one for you too.5 years ago I had mine reduced but since his mother has not paid her lawyer and I didn`t have one.The order from the judge has never been filed.I also had a woman from my past have a child I never knew exsisted.When the child was 5 years old she took me to court for support.I had a DNA test prove I was not the father.But since my name was on the birth certificate the judge made me pay for the 5 previous years for a child that was in fact not mine or that I never knew about...We as fathers are looked upon as worthless scumbags in the courts and always will
I live in ca, and never missed a payment or made a late one. My ex on the other hand hasnt made a single payment in three years. Not one. Think the state went after her? Nope. Not one dime to help feed or house her child even when she was sitting on a 100K from an accident settlement she got. get used to it. I learned one thing a long time ago. You are in this world alone when you come in, and when you go out. I sincerel hope you get a break. You need one. Very sorry to hear about this too. Though others might really want to help and often do, at the end of the day you are really on your own. It was a bitter lesson for me. Good luck and may good fortune shine down on yours. One last and very important thing. Thank you for your service to this country! Our freedon is directly attributable to the men and women in uniform, regardless of how they serve or what they did in the servcie. My hats off to you for trying so hard. i would file an appeal. Just becuase the court dfidnt have it in the file doesnt mean it isnt a valid legal order.
Someone has a copy of that original order. I would suggest (yes it will cost) that you contact the court records department and have them copy the entire file.
I'm at a loss as to why you had to pay support after they reached 18.
Sorry to hear about your problem. I would find a lawyer that would help you with small payments to the lawyer. If you go after the FOC by yourself you will only find greif and they will never listen to you. Why you would have to pay child support for a kid over 18 or not in high school is very generous of you. In Michigan they are cut off at 18 or when they are done with high school if they are still in high school. Trying to collect back support just does not happen here. The FOC really does not have the time to enforce it even within the state. Out of state must be even harder.
Good luck, But hire a lawyer or see if there is legal aid that could help you. Sounds like you have been trying to keep your payments even if they are small. You have been trying and that says a lot about you.
You need to get a lawyer...if you have a copy of the court order the judge signed it and put a seal on it verifying it's authenticity , HE MUST accept it! They cannot make you pay the entire amount in full. I am a mom, 2 kids, 2 fathers...my oldest sons father has been in prison for 3 years and before that just refused to work..he has racked up over 20,000 in back support...yes that's 20thou...and he's only been ordered to pay $50 a week! Now that he's been released on parole he is FORCED to get a job and keep it...when CSU catches up to him they will garnish his wages for the $50 a week and $10 in arrears! He will never finish paying that off...my youngest sons father pays his support as ordered. The one time he didn't he was injured at work and collected workers comp. They didn't catch that in time to garnish so he ended up over $600 in arrears, we went to court and he agreed to pay $100 biweekly to pay it off...He is ordered to pay $146/biweekly. He has since paid off what is owed and back on track. When we were in court, the judge ASKED HIM what he could pay..HE came up with the $100/biweekly. The judge ASKED him if he was sure...stating that SHE COULD NOT take more money out of him then he could pay...that it was UNLAWFUL for the court to put him below poverty level! If you owe an amount and have paying that amount faithfully, then there shouldn't be any problems...if the agreement is being fulfilled then the judge can't take it all out of you at once. My oldest sons father is back so much money, he lost his license, has been in and out of jail for not paying (he has 3 kids with 3 women and doesn't pay the support on any of them) He took his daughters mom to court to get support lowered ($30 is his court order for her) and the judge laughed at him...He asked what he needed to do to get his license back and she told him %26quot;pay your support...if you pay $1500 right now you can have your license%26quot; Amazingly he came up with it that day.
I would definitely call your lawyer..you have rights as the payer...and since you have a copy of the court order (good move by the way) the judge HAS TO ADHERE TO THAT ORDER unless you all go back to court and it gets modified...there is a process that has to be followed...get in touch with your attorney...
My biological father was court ordered to pay $17 a week for my sister and I (ye for both of us..lol) He just now finished paying that off...I'm 30! He lives in Florida...we grew up in upstate NY. So you see...as long as you pay what you are ordered then the court can not make you pay off the remaining balance in one lump...no matter how low the payment is or how long it takes you to pay it off...you and your kids mom agreed to the current payment and it is up to her to take you to court to get it raised...like I said, if you are paying the balance, then there is NO reason for the court to change it, they can't..Good luck
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