Is it OK to strip a father of his rights if he is not in the picture?
183 Answers
Has anyone ever heard of a mother having to pay back the child support they receive?
Has you or someone you know ever had to pay back child support after they've received it? What was the situation?
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13 Answers
3 Votes
If you overestimated an expense on the child support worksheet, like work-related childcare, you may have to reconcile anticipated amounts with actual amounts. Or perhaps if your income changed during the year.
1 Vote
Yes . The Mother is a drug addict and the father was called to come get the boy. However he had to continue to pay support per court order to her account untill the court had time to change the order. almost 1 1/2 year later the order finally went through. In the mean time the mother continued to spend the money on herself and her drugs. The father was paying support the whole time for the child he was supporting and raising himself. The mother is supposed to return the money and start paying support to the father, but guess what. No money yet from a drug addict, She is still supposed to pay they support back(because she didn't even have the child!) and is still getting away with it. The child is the one who pays for the druggy's bad behavior!
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Melissa - commented on Aug 24, 2011
Wow this is just wrong. They should have put the funds in escrow instead of sending the money to her.
0 Votes
YES! My husband's ex wife was ordered to re-pay 5yrs of child support for 2 children that she claimed were his but were not. They were married for 6 years at the time. She is now in arrears for $36,000 and has warrants issued for her arrest for non-payment. On top of that one of the children was a medically fragile preemie; my husband's insurance company caught wind of the fact that the little girl was no longer his dependant due to Paternity Fraud when he cancelled his coverage on her. They now have a civil suit against her to re-coop the $$ that they paid out for her daughter's care - over $1 million (she was in the NICU for 93 days).
Don't fall for the "wedlock" answer, judges are starting to catch on to women who lie about paternity and feel that they are safe because they were married at the time!!
0 Votes
Yes, but usually only in cases invovling fraud- where the mother lied about income to the court or willfly lied about who the father was
0 Votes
Sure, if it was obtained by fraudelent means or DCSS makes some funcky accounting error. Now fraud, is many things- like saying the kid lives with you more than 50% of the time in a given year, you lie about your income or hardships- those are common ones.
0 Votes
no get a better lawyer I have heard of having it reduced but no to paying back monies paid out . Matter a fact my stepson lived with us for a few years and my husband ex took us to court for the support he didn't pay while he was living with us and we had to pay that too ,
0 Votes
Yes, because my soon-to-be-ex cried poor to the CSA (Child Support Agency as we call them in Australia).It will automatically be taken out of my tax refund when I do my tax. It SUCKS big time because I know that he can pay the pifling amount set by the CSA, as he now solely owns the very profitable business that we started together. Mind you it is for THREE of his kids that he is denying support for.
0 Votes
Yes. When Dad can prove that she really isn't spending it on anything that benefits the children. Ya know the mom driving the Bentley and her kids needed new clothes, but she never bought them? We all know a few of those!!
0 Votes
I think the mom would have to pay the child support back if it was found out that the father wasn't the actual Bio father. Not all states require a paternity test when setting up support orders.
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Tammy - commented on Jan 15, 2012
Actually, all states allow the father the option of establishing paternity based on DNA test before establishing Child Support (this is assuming the parents were not married at the time of the child's birth). If a man waives that right, than changes his mind, the mother is not required to repay support if he is in fact not the father. Additionally, if a child is born within a marriage, the husband is the legal father, regardless of actual paternity, in most states. (Not saying this is right.) Regarding the original question, yes a mother - or father - can be required to refund child support paid to them under some circumstances. IE, child is emancipated legally but child support keeps going to mom or child goes to live with dad but court order is still in effect for awhile. However, a parent who pays child support has no say in how it is spent as long as there is no child neglect. (IE, child is fed, has addiquit <SP> clothing, housing, etc.). The mom can drive a Bently, new shoes, whatever. Honestly, my son's father, who is a great dad, pays $400 a month. This doesn't even cover half of expenses for my child (if you include rent, etc). So if he were to say - and he wouldn't - "why are you using my money for 'x"" I'd respond "bite me."
0 Votes
I hope so, we are still paying CS for my 19 yr SD. who graduated in May. (our states law is high school graduation or 18 which ever is later. Her birth month is Sept) So while we wait the courts systems and attorneys for our modification we continue to pay the BM they extra child support, we have no choice!
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Angie - commented on Jan 4, 2012
our state gives the child until October 1st of the year they graduate to enroll in college or child support stops then..it was 3 days before my son's 19th birthday...my ex had a fit that he was still paying child support, he wanted it stopped when he turned 18, he wanted it stopped when he graduated in May, his wonderful parental advise to his son was to wait until the following year to go to college so he could get it stopped (if they enroll after October 1st, you can't get child support reinstated), he wanted it stopped when he (the father) was sitting in prison for 2 years and just getting further behind....my son is 20 years old now and my ex got a credit off his $15,000 arrearage for the time it took to modify the order...only because I agreed to it, I didn't have to and he had an attorney, I didn't.
0 Votes
hi, yes ny mom is going through this right now..long story short my sister and my mom has co guardianship of my sisters daughter and the dhs child support went to my mom and they were to split it. Well DHS sent $496 in July and $496 in September and my mom recieved a letter saying she has to pay like $996 back. They wont even explain and they only claim they collected child support from the father $588 so where are they getting $996???? There werew years where they collected nothing adn so my mom/sister got nothing. If DHS screwed up then thats their problem. Our question is, whatever they collect goes for the child and im thinking DHS wants to keep the money for themselves because there is no way they can pay that back or should have to. i told my mom to call and have them give her a statement from the past 2 years of how much they collected from father and how much they paid in. OKLAHOMA DHS sucks....
0 Votes
Child support isn't only a mother's right. What about single dads that receive it? And there's many circumstances in which a mother would have to also support her child or repay child support.
0 Votes
Yes, my ex bounced several checks. They went to child support services, they paid me the money each month. 8 months later they came back to me and told me I had to repay the money because the checks bounced. It went into the arrears my ex owed, but i was still out the money I needed.
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RUTHELLEN - commented on Aug 18, 2011
That is wrong! They should have check out if the checks were good before they sent you the money!!!! He should be the one who has to pay them back! Can you sue him or them to make them make it right? Your children and you should not be the one's made to pay for that loser! He belongs in JAIL!
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Olivia - commented on Jun 18, 2012
I know a father who has been paying support since their son was born, The issue here is that he has lived with them as a family up until last year when SHE ASSUALTED HIM. Why did he have to pay support in the first place? Becuase she LIED to DHS, and there were several stories- he didn't live there, she has no idea where he is etc. So he's payed support- When he moved out, he went and got his son , and he lived with him again until a year ago- So out of this whole time he has payed support, the longest he has NOT lived with the child is the past year when she took their son and left state with him! She continues to commit fraud, meanwhile the dad isnt working now, so arrears are adding up- and she wont even let him have any contact with the child, no phone calls being accepted, and doesnt even know where they live. She even stated, you'll never find us!! B****
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Janet - commented on Sep 23, 2012
When my ex's check bounced I received a letter that said I needed to pay it back, I called the worker to ask about the letter, he told me that paying it back is recommended but was not required. If I was unable to pay it all back I would receive what my ex owed me, then the extra my ex paid would go to pay off what he owed DSHS. Hope this helps.
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