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Interstate child support

 
 
CST43
 
Reply Sat 25 Mar, 2017 10:19 am
When my ex and I divorced, we agreed upon a small amount for him to pay child support. He was fighting everything and I just wanted peace. I moved to a different state a year later with our children. He pays that amount directly to me each month. I would like to go through the courts to have the amount re-determined based on a state's child support formula. However, Louisiana is the state we married and divorced in but I now live in Michigan. Louisiana says I need to go through Michigan and Michigan says I need to go through Louisiana. Which is it?
 
jespah
 
  3  
Reply Sat 25 Mar, 2017 12:04 pm
@CST43,
Probably the state with the initial divorce decree, which is Louisiana. But consult with a lawyer, as they are probably giving you the runaround because you aren't one. Sorry, but it's true; child support authorities are overworked so they tend to triage their calls and really just spend time with lawyers and social workers because they are in much more of a bind if they don't answer them correctly. I'm not suggesting corruption here; it's more that those folks are swamped and they know the agency can be sued if they don't cross every T and dot every I for a lawyer.
0 Replies
 
Noanseers81
 
  1  
Reply Tue 25 Apr, 2017 11:01 am
@CST43,
Regardless of what state you go through, Its hard for two different states to work together on enforcing a child support order. I hate to say it but it's the truth. You are better off taking what he is giving you because once the courts raise the amount and enforce an order the other party usually plays the bounce around game to avoid court and garnishment and really prosecutor's don't take child support cases seriously. They threaten with jail time or license suspension and credit reporting but it's not taken seriously by the state to enforce orders when the 2 parties reside in separate states unless you start receiving some type of state assistance and the child support is owed then to the state for helping you. Even then the help isn't as nearly as much as the amount of child support owed to the child but they then transfer that monthly amount to state owed debt and when that debt to the state reaches a certain amount then the state gets serious about child support enforcement measures because they refuse to take a lost. My current vs is 400 a month, the state gives me 161 a month but takes the entire 400 and credits that to the state for vs owed to state. I haven't received not one payment and the child is 9. The state has never aggressively went after the vs until now since I have received seven months of state help....it shows 19,500 is owed to me for the child and 2800 owed to the state. They seeking 2800 when they have only helped with 1128. Now I'm thankful for the 161 but if you taking 400 then give me 400 don't give me a percentage then take it all. Many say it beats a blank and that's true but it don't make it fair. The customer service reps are literally clueless or don't care to address concerns. I use to call monthly on updates now I call maybe once a year because they aren't aggressive in enforcing the child support order anyway unless the nc owes the state money or if the two people reside in the same state. So this is a lot to take in, I know! Be happy you are getting something because once he figures out that the state really doesn't take child support enforcement seriously, he won't pay depending on the man.
0 Replies
 
Noanseers81
 
  1  
Reply Tue 25 Apr, 2017 11:05 am
@CST43,
Also you can hire an attorney and go through state of initial divorce and file a modification to the divorce decree seeking higher child support based on an increase expense need for the child. It will ask for a specific reason and income verification of both parents and it will be calculated accordingly. You can modify the amount every 4 yearz.
jespah
 
  2  
Reply Tue 25 Apr, 2017 12:19 pm
@Noanseers81,
The time you can modify the amount is one of those things that differs among jurisdictions.
0 Replies
 
 

 
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