How Do I Opt Out Of My Child Support Case That I Didn’t Start?
I’m trying to opt out of a child support case against my ex but, I can’t get any help from the FOC office. They started this case as I had been on medicaid before I found a fulltime job. My ex and I have a good relationship and have worked out something between the two of us and I want to drop the case and all arrears. Can anyone tell me how to do this? Please help
September 12th, 2009 at 5:57 am
More than likely you can’t until the arrears are satisfied. The state is looking to him to reimburse them for what they paid out while you were on medicaid. You or he might have to take it to court to get it changed. Contact who ever enforces the child support in your county or a lawyer to see what can be done.
September 12th, 2009 at 8:59 am
You and the father should write a letter to the FOC office and schedule a joint appointment to write up a formal agreement in lieu of the court case. This will not always end up working out, and the court case may still go forward. However, since you do already have an agreement, it will be considered at the court case.
You cannot stop this process if you are still receiving assistance, but now that you are off of Medicaid, it should be possible. The arrears may complicate matters, however.
Finally, generally speaking, child support payments are not tracked. They are often made directly to the parent with custody, and unless that parent complains, no action is taken against the father. You could potentially ignore the court order and just go on with your normal agreement. However, this leaves the parent paying support in a bad situation if the relationship ever goes sour–the parent receiving support could file a claim for back-child-support, and would probably win.
September 12th, 2009 at 3:33 pm
this isn’t about you and your husband its about the children’s health and welfare
it isn’t in the best interest of your children to have no formal written agreement.
come to an agreement and both sign submit that in writing for consideration by the court. see what happens.
September 12th, 2009 at 4:26 pm
Many years ago when I was young I did the same thing. Less than a year later, things between us were not so good, he found a girlfriend, and stop paying child support on a regular basis. You could lose your job or become ill, your child may be in need of special things, and medicaid will make it difficult for you if you try to go back later for child support. If he really wants to work it out and do the right thing for his child, then he should not object to it going through the courts. They are just the middle man and your ex is just as responsible for your child as you are. If there is a good reltionship and if he really is concerned about the welfare of your child than that should be a priority for him as well as for you. Your first responsibility is not to make nice with your ex, remember there is a reason he is an ex, but your first responsibility is to the best welfare of your child. He needs to cough up the dough and pay what he should have been all along. Get a second job. You are the one with the child day to day, not him, if he has to get a second job. ONce he is caught up if you want you can put the money in a fund for your child. Let him know that you will do that. Tell him you want things to be civil since you do share a child together, and never put down the other anywhere around the child. Also let him know that the child is your first responsibility AND HIS and just because you now has a good job, does not mean he should do less. Things can change in this life very fast and with the world money market being what it is, costs are only going to go up and many companies, even the government, lay off people!! Take care of yourself and your child first. Your ex can take care of himself!!!!!