Why does our government ruin my nephew's credit for child support arrears ($120K) he didn't owe 3 months ago?

Actually, it's the great grandson of my brother. He's been out of work for six months, like a lot of young men are in this economy. Three months ago, California made a claim on him for back child support, on a claim from another state, for the mother of a 15- year-old girl. He had dated the mother briefly, and apparently had sex with, while in college.

Yes, he is the father, according to the tests.

They based the amount on a two-year average income from prior to being laid off. He's been living off his savings, but they've taken it. Now the hit to his credit is affecting him getting a job. Employers are looking at credit ratings and this makes him look like a deadbeat.

What's really stupid, the mother was getting child support the whole time from another man, but the state she lives in passed a law allowing men already paying support to get paternity tests. If she had lived here, it would not have been allowed. Now she's getting all this money, but she doesn't have to pay it back to the other man. She's in a win win position.

My brother is fit to be tied, and even in his 90s, he's a force of nature you don't want to mess with.

6 Answers

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  • Anonymous
    1 decade ago
    Favorite Answer

    Alice, try reading the whole thing, and not every other sentence. He's her great-great-nephew, the great grandson of her brother. And, her brother is mad over it. As for getting a job, not happening right now for most men, especially those in arrears, like this man.

    It's not mentioned if he's married and has other kids. If he is, their whole future has now been taken away. He will not be able to send them to college, never own a home, and California could include 20% of any income his wife is earning in the calculations for the child support amount.

    Unfortunate, some others and I may be the cause of this. We lobbied to get these Paternity Fraud Laws passed, but under pressure from women's groups that opposed the legislation, they left off the provision preventing the women from doing this. In Kansas, they were able to block the law last January.

    We taken one step forward only to be knocked two steps back.

    EDIT:

    Kestra SpiritNova,

    California follows the federal standard of up to 18 years retroactive. Has since 1989. Where did you get the idea they didn't. I've seen many such cases in 20 years, as stated by Judge David Grey Ross, Commissioner of the Federal Office of Child Support Enforcement. Besides, it's an out of state claim.

    http://www.acf.hhs.gov/programs/cse/pol/PIQ/2000/p...

    \\\\\\\\\\\\\\\\\

  • Jeanne
    Lv 4
    5 years ago

    some, not all states have a statute of limitations. Meaning The amount of time a debt can be collected on. for example 10 yrs after the child turns 18. One thing to keep in mind, the child support office is pretty tight lipped on informing you of your rights, especially if it is in your favor. so you will need to ask a lawyer if you want the truth.

  • 1 decade ago

    If a custodial parent loses their job, do they stop supporting their child? No, they don't. They find alternate ways to provide to their child. Why should non-custodial parent be let off the hook? It took two to create this child. If he cannot afford it then he needs to go back to court and get his amounts reduced. I DO NOT condone what the mom was doing but I mean seriously...personal responsibility people.

  • 1 decade ago

    George McCasland and Momma Love are the same person; this point gaming what you are doing.

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  • 1 decade ago

    this doesn't make too much sense.

    at any rate, he should pay. she was raising HIS daughter by herself for 15 years.

  • Anonymous
    1 decade ago

    he should join the military and fly away

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