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=09Rex Ballard - Director of Electronic Distribution
=09http://cnj.digex.net/~rballard


On Wed, 13 Mar 1996, fathers wrote:
> To: fathers 
> fathers wrote:
> > To: fathers9@idt.liberty.com
> > >From: Ranman 
> > >
> > >Does anyone know if the state can still sue for child support even if =
the
> > mother, her Husband, or the alleged father doesn=92t want this order to=
be pursued?
> > The mother is not on welfare  (she was for less than a year.  Five year=
s ago)
> > she is newly married and the husband is adopting the child.
> > >Ranman
> >=20
> > Yes, the state can still sue for child support even if the mother,  her=
 Husband,
> > or the alleged father doesn=92t want this order to be pursued. Yes, the=
 mothe must
> > help with the states charges.

In Colorado, the state can prosecute for child support even if the mother=
=20
doesn't want them to.  Until the debt is repaid by one of the two, the=20
father is liable.  Furthermore, the state can forcibly collect more that=20
was actually paid out, and can retain the excess - it's supposedly a=20
"buffer", like Social Security is supposedly a retirement plan.

> > When the mother applied for and received welfare, she was required to a=
ssign
> > all rights to child/spousal support to the state and agree to cooperate=
 with
> > enforcement. She was required to identify the absent parent. This assig=
nment
> > of support rights continues unless withdrawn in writing. When she disco=
ntinued
> > receiving support she should have withdrawn her support assignment.

In Colorado, it is not possible to revoke the amount.  In fact, the state=
=20
could sue for 5 years of back support (based on the original form), and=20
you would have to prove that you were paid-in-full.

It's very likely that the state is pursuing you now because the children=20
are about to be adopted.  If they actually arrest you, you should get a=20
JURY trial and have the public defender put your wife and her husband on=20
the stand.  The JUDGE will try to get the money.  The JURY will have some=
=20
compassion for a man who has lost his wife, children, and child-support=20
to another man.

> Does this mean that they must drop the case or does it mean that they=20
> can still go after the alleged father for welfare payments that were=20
> paid out 5 years ago.  If that is so wouldn=92t that be considered a=20
> debit.  And is there not a statues of limitation on a uncollected debit=
=20
> of 3 years?

In most states, they can go for all child-support from the time of the
divorce to the child's 20th birthday (assuming the child could/should go to
college).  There are precidents of women getting back child-support based o=
n
today's guidelines, for children born in 1950 (turned 20 25 years ago).=20

Many states are trying to view child-support like uncollected taxes or=20
uncollected National Defense Student Loans.  There is no statute of=20
limitations.

> Ranman
>=20
>=20

From rballard@cnj.digex.net Wed Mar 13 22:36:37 1996