HomeChild SupportChild support case closed, will this come back to haunt me?
Posted in Child Support on 25th April 2011

Child support case closed, will this come back to haunt me?
I was curious and went down to the Il dept of Child support to inquire about my Child support case.
They gave me a form saying “I am no longer obligated to pay child support” this Child support Case is closed and the balance is zero.

Will this come back and haunt me? I’ve heard stories of cases being closed for years, only to come back from the grave to snatch up assets.

Here is the story….

about 6 years ago, my X and I broke up. Being the responsible person that I am, I made sure that not one month went by that I did not send her child support. I made sure I kept a receipt of every diaper and clothing i bought. I made sure that every money order or personal check I sent her had Child support stamped on it. She was upset and complained that she could not cash checks easily on the weekend. I gave her cash but I asked her to sign a receipt. She was even more pissed. I asked her if she wanted me to sign our child up for medical insurance through my job, she said no. Her reasoning was that she did not want to give me the social security number because I would steal the tax exemption. I told her I am not that dishonest and I would not do something like that without her permission. She still refused. This made me suspicious. After all, who turns down medical insurance? So I sent her a noterized letter saying that I would like to provide medical insurance and a 529 college savings plan. The response was a court order for child support. She was claiming that I did not provide support for the 2 years and never provided medical insurance. I was also suprised to find that she was on public AID while receiving cash from me. Long story short, I provided all the receipts I had. Public aid tried to trivialize them as gifts, but I pointed out the notations on the checks/receipts “for child support”. I filed a motion for joint custody. After spending all of my life savings, She refused to agree to joint custody, and I dam sho wasnt going to accept visitation because that would give her suedo sole custody. At that point I told the judge that this was a waste of time and money. I asked him if I could withdraw. He gave me a tongue lashing for not accepting visitation but allowed me to withdraw.

Now according to illinois department of child support I am not obligated to pay child support, the case is closed and the balance is zero.

Thing is that there was a court order for temporary child support… I was thinking of filing a special appearance to have the court case dismissed. That way, neither her or the state could dig up the old case and try to get back child support. Or do you think i should just let sleeping dogs lay?

Best answer(s):

Answer by stephanie_6234
just keep the paper you have that says its closed….it should be fine, and if not then you have something showing what they did.

Answer by Johnson
It depends: If you set your divorce decree with a child support payment plan, you may still have some obligations. If not and all child support plans were followed up and developed via your State, then YOUR HOME FREE BUDDY!!!

You just received an automatic raise!

Answer by Garnet Glitter’s No BS Zone
Sounds like she closed the child support case herself…a custodial parent can refuse to accept CS and any child support collection agency will then close the case…they can not FORCE CS upon her…

However she CAN re-open the case as long as the child is a legal minor….debatable whether she can ask for arrears, tho. The state will not re-open the case themselves….too many other fish to fry. The mother will have to.

What I think is the kid may NOT be yours….if she re-opens, demand a DNA. In any case, call your lawyer for a short consultation, even if you have to scrape the fee together-it’ll be worth it.

Answer by Sausage Mahoney
That’s a horrible story. I feel sorry for the poor child, to have to deal with parents fighting like that, and to know in the end that the father has turned down visitation. What does that tell the child? Daddy doesn’t even want to see me. You sure showed the Mother. Instead of pseudo sole custody she has… actual sole custody.

Answer by ZEBUCORE
Stick with it, appears you’re on the right track. You should file a special appearance to have the court case dismissed. A few things you did wrong; 1. When the baby was born, you should’ve file a petition for child support to be taken out of your paycheck with social services/dept.of children, etc. You and her would go to the court house, and they would decide how much you should pay, and how often. 2. You should set up a direct deposit for your child, and give the mother a check/debit card. If the child is over 18 and not in college is the only way you’re gonna stop paying child support. Good Luck

Answer by Leen Eng
Don’t let that lying dog sleep. If she is as sneaky as u say she is she won’t stop. The best bet is go 2 an attorney 2 get his advice & let him no u want this nipped in the bud legally. If u go 2 court & get the case dismissed u are in the clear. If u don’t have the money 2 get an attorney, find it from friends, family or a financial loan. Judges are prone 2 side with the custodial parent, when there is no attorney present. Sounds like u are miserable, so don’t be miserable take a stand, u have all the proof u need. She isn’t doin this 4 the goodwill of her child, but 4 her own financial gain. No I am not a bitter parent, but I did have trouble gettin child support from my X hubby. He wanted 2 pull tricks on me 2 not have 2 pay child support. Responsibilities are responsibilities & not havin good morals is not havin good morals. I hope u get this resolved cause u seem like a good person & in time this will be 4gotten. See ur child cause that is ur moral responsibility 2 ur child. If u don’t see him he will resent u when he becomes an adult, no matter how much u try 2 tell him why u didn’t see him. He will no that no matter what happened between his mom & dad u should have cared enough about him 2 see him. My children are resentful 2 there dad, not because I told them bad things about him, cause I knew if I did they would resent me in the end. I wish u luck, but just remember the child is actually hurtin more in a situation like this than the parents. Little pictures have big ears, in the end they usually figure out what went on.

Answer by Poppy
Sound suspicious to me, does DNA say the kid is yours? I’d consult my lawyer on this. A few bucks now or possible major bucks later?

Answer by blueyes
I work for an attorney in another state and this is particularly aggravating issue for me! First, people, remember that child support is just THAT. It is NOT alimony although from my experience over the years it is often misused (which incidentally, financial issues are usually what leads to many divoces and therein, CHILD SUPPORT). If a person mismanages money during the marriage, suddenly being a single parent unfortunately does not make them any smarter in finances. Secondly, it sickens my heart to see these innocent children being used in a power struggle between two people who no longer trust each other and cannot get along. For the most part, ZEBUCOR is right on the money (no pun intended).You’re right to be concerned because in most states CS is handled thru child services. If she comes back later and files charges, you could also be ordered to pay arrears which include penalties and interest, and in our state I have seen women file criminal non-support charges with the father going to jail and then trying to sort the mess out. Your best defense is a good offense. Go to your legal aid office with your documentation in hand (receipts, notices from Court, signed orders, everything you have). Explain you concerns and ask for advice. It sounds like you have tried to do right by your child, but let me forewarn you that in most arenas, sympathy usually lies with the mother. However unjust, it’s almost always the case. Go in, state your concerns without badmouthing your ex or the judge. Your documents will speak for themselves and the person appointed to you will be much more helpful if they don’t have the predisposed opinion that “you’re just another guy trying to beat paying child support.” I wish you the best. I only wish there were more parents out there like you. A child has no control over his/her life. They still deserve a decent home, clothes, food, toys, medical attention and love today as when the parents were together. Unfortunately, most of the time they end up either being (or feeling like they have been) abandoned by the non-custodial parent.

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