Child support nightmare.

[AmandaandChayne 734]

Facts: 

1. my fiancé shares custody of his children.

2. He pays maximum child support each month and has never missed a payment.

 

His ex does not work and is a money hungry person.

She contacted human services to get more child support than he pays her ($4k a month)  so she says but what has actually happened is they’ve raised a federal case against him for NON payment without verifying her claim.

After speaking to them he now has to prove he has paid her since their divorce and now a case has been opened he cannot get it closed and will have to pay them for them to pay her every month. Case was opened January 20th balance on his “account” yet to be verified.

Before anyone asks i know for sure he pays her each month I have a joint account with him the money goes out of.

Im stuck in additional administrative processing post interview on day 41.

could this get me denied?

[Roel 7,191]

As long as he has payment proofs, then I suppose there shouldn't be any issues?

[AmandaandChayne 734]

4 minutes ago, Roel said:

As long as he has payment proofs, then I suppose there shouldn't be any issues?

Yet to be proven he just got the letter. It’s going to take a little time to prove and he will still have to pay her through them for eternity now. I had no 221g so no evidence has yet been requested. 

Edited February 21, 2019 by AmandaandChayne

[payxibka 10,044]

8 minutes ago, AmandaandChayne said:

Facts: 

1. my fiancé shares custody of his children.

2. He pays maximum child support each month and has never missed a payment.

 

His ex does not work and is a money hungry person.

She contacted human services to get more child support than he pays her ($4k a month)  so she says but what has actually happened is they’ve raised a federal case against him for NON payment without verifying her claim.

After speaking to them he now has to prove he has paid her since their divorce and now a case has been opened he cannot get it closed and will have to pay them for them to pay her every month. Case was opened January 20th balance on his “account” yet to be verified.

Before anyone asks i know for sure he pays her each month I have a joint account with him the money goes out of.

Im stuck in additional administrative processing post interview on day 41.

could this get me denied?

Not a federal case but an issue with the state.   Subtle but important difference 

[AmandaandChayne 734]

Just now, payxibka said:

Not a federal case but an issue with the state.   Subtle but important difference 

When he called them they said a federal case had been raised. 

Im guessing this is very bad?

[payxibka 10,044]

3 minutes ago, AmandaandChayne said:

When he called them they said a federal case had been raised. 

Im guessing this is very bad?

Do they live in different states?

 

If they do not then there are flaws in the information.

 

 Notably, other than in the specific circumstances aforementioned, child support enforcement issues are handled by state and local authorities, and not by the federal government.  Furthermore, all child support enforcement matters must be addressed at the local or state level before concerns can be raised at the federal level.

Edited February 21, 2019 by payxibka

[AmandaandChayne 734]

3 minutes ago, payxibka said:

Do they live in different states?

 

If they do not then there are flaws in the information.

 

 Notably, other than in the specific circumstances aforementioned, child support enforcement issues are handled by state and local authorities, and not by the federal government.  Furthermore, all child support enforcement matters must be addressed at the local or state level before concerns can be raised at the federal level.

No they live in the same town. Could the amount of money involved trigger a federal case? 

Edited February 21, 2019 by AmandaandChayne

[payxibka 10,044]

Just now, AmandaandChayne said:

No they live in the same town. 

Then if this is his first contact about it then it is NOT a federal issue.  I have been down this road where I was paying directly and then she contacted HS.  I provided documentation of my payments and was given appropriate credit and then instead of paying directly, I was directed to pay via the state collection system.  In the end, I prefer to use the intermediary as the account is always reconciled without the ability of the receiver to dispute non-payments 

[EM_Vandaveer 2,368]

I don't see how this would have any effect on your visa, to be honest.

[AmandaandChayne 734]

3 minutes ago, payxibka said:

Then if this is his first contact about it then it is NOT a federal issue.  I have been down this road where I was paying directly and then she contacted HS.  I provided documentation of my payments and was given appropriate credit and then instead of paying directly, I was directed to pay via the state collection system.  In the end, I prefer to use the intermediary as the account is always reconciled without the ability of the receiver to dispute non-payments 

Thank you. Just with the entirety of his payments (16 months @ $4k) I thought possible they had informed him correctly it’s a federal case. 

[payxibka 10,044]

2 minutes ago, AmandaandChayne said:

Thank you. Just with the entirety of his payments (16 months @ $4k) I thought possible they had informed him correctly it’s a federal case. 

While it might feel like the system is slanted towards the receiver,  the payer absolutely gets due process before anything occurs 

Edited February 21, 2019 by payxibka

[AmandaandChayne 734]

4 minutes ago, payxibka said:

While it might feel like the system is slanted towards the receiver,  the payer absolutely gets due process before anything occurs 

Have messaged you. It’s possible the letter could have been sat there a while. 

Edited February 21, 2019 by AmandaandChayne

[AmandaandChayne 734]

11 minutes ago, EM_Vandaveer said:

I don't see how this would have any effect on your visa, to be honest.

A federal case for non payment of child support? Questions his character and ability to support me I guess. 

[Unlockable 7,306]

Is the child support he pays court ordered? If so, is it deducted by the state?

 

The reason I ask is because I have witnessed something similar. A person was paying CS every month but it wasn't court ordered. It was just an agreement between the parents. Years later, the mother wanted more money but father disagreed. The mother went to court and claimed the father never paid CS and she was owed back pay. The court sided with the mother even though the father had financial documents (bank checks, etc) showing he was paying.

[AmandaandChayne 734]

1 minute ago, NuestraUnion said:

Is the child support he pays court ordered? If so, is it deducted by the state?

 

The reason I ask is because I have witnessed something similar. A person was paying CS every month but it wasn't court ordered. It was just an agreement between the parents. Years later, the mother wanted more money but father disagreed. The mother went to court and claimed the father never paid CS and she was owed back pay. The court sided with the mother even though the father had financial documents (bank checks, etc) showing he was paying.

No it’s agreed as part of the divorce settlement and he pays her directly.