Father stuck paying child support, even though son lives with him

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[chance33_98]

Father stuck paying child support, even though son lives with him

ABC13 Eyewitness News (4/20/04 - HOUSTON) — We've all heard about deadbeat parents who owe thousands of dollars in child support, but we've found a case of just the opposite.

A three-year-old court order is forcing one parent to pay child support for a child who lives with him. Carlos Villarreal's 12-year-old son stays with him and his new wife, but by court order, Villarreal has to pay his ex hundreds of dollars a month for the boy.

When he tried to change it last year, the state put him off until May.

"The worst part of it is the relationship with my wife and kids are suffering. It's been hard to come home and tell them I can't afford to pay rent," said Villarreal.

The attorney general says Villarreal's case will be heard in July after more than a year of paying support and caring for the same child.

[prion]

Is he paying her for previous years when she had the kid, or is this as whack as it looks?

[goldstategop]

Its outrageous. Then again the wheels of the bureaucracy grind slowly. Do they really want to put him in the position of not being able to keep a roof over his house where his son lives? That's the problem with a child support system that punishes innocent fathers along with the guilty.

[chance33_98]

Probably as whacked as it looks. I overpaid support by $2000 or so because of lies by the X. Child support finally figured out I was telling the truth and she had ignored the judge. Lady at child support said she doubts I will ever see the money as it is not their job to collect it from her.

[Chewbacca]

Sounds like the ex-wife should be paying him child support.

[Jim Noble]

The only important thing is that the man pays the woman.

The particular circumstances (he's not the father, his child lives with him, she spends the money on drugs, etc, etc) are of no importance.

Nothing to see here.

Can't we just move on?

[steve8714]

He better be careful...if he makes more now than he did at the time of the divorce, he could end up paying more and still have the boy live with him. Shut up and enjoy having your kid, pay whatever extortion money the courts mandate.

[Rebelbase]

I'm paying my ex the required amount of child support each month even though my son has lived with me full time for the past 3 months.

Its not worth the hassle and strain she would put my son through if I were to have it changed.

[ChevyZ28]

See post #2. I was wondering the samething. Here in NC, a dad has to continue to pay child support even if the child has grown and left home, until he pays whatever he is behind on. Of course, assuming the father is indeed behind. The child support not paid from years earlier can only be forgiven by the mother.

[EricT.]

This has happenned to a couple of men that I know. One was a co-worker and the other is my brother-in-law. What typically happens is the kid can't stand mom because she's such a loser (drugs, alcohol, slutty activity, or just general neglect) and goes to live with dad. The court doesn't recognize any arrangement that it didn't make, and mom's lawyer sure ain't going to tell the court what is going on. So dad gets to raise his kid, but still has to pay mom for something she can't or won't do.

[Sunshine Sister]

That sucks! Divorced fathers are the most taken advantage of group in the US and it is apparantly sanctioned by the court. That sucks!

[Rebelbase]

Bingo!

[AppyPappy]

If we keep shining the light, the politicians will have to come to their senses.

[templar]

One sure way to get the case heard immediately is to quit paying.

[trussell]

And here I sit with two children and not a dime of support coming in from their father. He hasn't paid support in a year. And when he does pay...it is only $150 a month.

[trussell]

He would have had his case heard sooner if he would have quit paying the support last year...they would have had him standing before the judge on contempt charges after 3 months.

[The Brush]

They're probably garnishing his check each week. Even if his employer knows that the garnish order is bogus and the employee shouldn't be paying, the employer would be in legal hell if they didn't send the checks.
If his "ex" claimed the child as a dependent on her taxes dad may have a case against her with the IRS.

[Brytani]

If his "ex" claimed the child as a dependent on her taxes dad may have a case against her with the IRS.

Nope, the IRS will tell you it's a civil matter and take it up with the state to correct. The parent who has legal, physical custody by default in Texas has the right to the tax exemption. Unless the decree specifically states who get's the returns for each year.Physical custody of the child means nothing.

Been there, done that with the IRS, a support order from Texas, we had the kids, mom got paid (cheaper to pay her then fight for custody). Try paying out over 1k a month in support, taking care of all the kids needs for 2+ years and not getting a single tax break.

Destroying the financial wellbeing of either parent does not benefit a child one bit.

[gitmogrunt]

This is what happens when liberal lawyers and women team up to write divorce/child support laws.

[Rocket1968]

Bump