A co-worker of mine has a serious child support issue. (see comments) Can anyone give advice?

hopeless_case · 2008-09-05T17:47:21+00:00

A coworker of mine has regained custody of his daughter, and I believe he has had her for as long as 2 years, maybe longer. He rescued her from an abusive situation at her mother's house through the court system. I know that she is doing much better living with her father who is a very nice guy.

Here's the problem: even though he has custody of his daughter and she lives with him he is still paying child support to the girl's mother. He has very limited income (as in WAAAYYY below the poverty level) so this is becoming extremely hard on him. I can hardly fathom how he gets by, and I don't make much myself. Anyways, things would be much easier on him if the payments were at least cut off.

I'm sure the mother owes serious money to him and should be paying him child support, but she is supposedly claiming bankruptcy. Would the state normally step in and pay the child support to the father if she cannot do it?

What actions should this guy take? What could I do to help him? Which local/state/federal institutions could I contact on his behalf or tell him to contact? (This is the state of Wisconsin, fyi)

Thanks for any help you can offer.

2008-09-05T18:47:59+00:00

This is a link to Legal Services agencies in Wisconsin. Many will take on clients pro bono (for free) if they meet certain income requirements.

This will be the best bet for your friend.

mcmick · 2008-09-06T00:58:11+00:00

I used to work for the Bureau of Child Support although in a different state, and might be able to add some insight. In my state, you don't need to hire a lawyer or even consult with one as the process is relatively simple - there are SO many child support cases, the judge is unable to spend a significant amount of time on each case.

Most likely, the child support payments go through the state, in which case you would contact the state department that handles it (in my case it was the department of social services, but by doing a quick google search, it looks like it is the dpt of children and families in wisconsin) and ask how to file a modification of a child support order. Your friend will be given a court date, at which he should be prepared to submit paystubs, custody papers, and perhaps even tax forms from the time that his daughter came to live with him. Also useful is info on how much he pays for health insurance, union dues, uniform costs, and anything else pertaining to job costs. This all gets figured into how much child support is paid/owed. He should bring any info related to how much money he has paid over the years, because it is likely the state will not have those records with them.

There is absolutely NO reason he should be paying support for a child he has custody of....with regards to whether or not he will be awarded support from the mother depends on if she is currently working and if she even shows up to court. in my state a default order is automatically awarded for how much she would owe if she worked a min. wage job for 40 hours per week - in my state it comes to $60/week but i live in a high minimum wage state. Your friend should also ensure an arrearage is calculated for back support from the time he gained custody. As for whether or not he will be paid back the money he unfairly paid depends on if she is legally employed and receives a paycheck to which a garnishment can be attached. If not, it is up to her to pay it back which is pretty unlikely but can be pursued through a small claims court.

Good luck!

Title	A co-worker of mine has a serious child support issue. (see comments) Can anyone give advice?
Author	[deleted]
Upvotes	21
Comments	15
Date	September 5, 2008 5:47 PM UTC (17 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/6zvh8/a_coworker_of_mine_has_a_serious_child_support/
Archive Link	https://theredarchive.com/r/MensRights/a-co-worker-of-mine-has-a-serious-child-support.1056728 https://theredarchive.com/post/1056728

Comments