Q: My husband is all paid up with his child support. His child turned 21 in September of 2019. Still being garnished.
His child always received money through his SSD. When she turned 18, the ex went to asume to request child support as disability stopped. She never spoke to him or gave him a chance to set something up. He then ended up owing arrears only because it took months before the decision of how much he had to pay and arrears were encountered. He is all paid up now with the arrears it was only about 2000. Asume last year sent a note to SSD to start to take 100 a month starting oct 2019 to pay arrears as child support was finished. They never Stopped taking the full support. Now it is April 2020. He is still paying full child support and all arrears paid. We need a termination letter sent from asume to social but cannot get in touch with them. We have been trying since DEC 2019. Not sure what to do at this point. He is now overpaid and will continue if they do not stop it. He could not even get his stimulus due to this. Child is in PR where he was married / divorced originally.
A: Im not sure that you can handle this issue without the assistance of a family law attorney. There is nothing complicated about the issue but it seems as if you and your husband are banging your heads against the wall, not being able to constructively communicate with the probation department system in your county and / or getting your probation department officer to run an audit of your husband's account to show that they have collected all of the arrears. This not an issue where you simply make a phone call and tell them that they are wrong. You need to present a complete timeline of court orders matched up against the probation department account records to show the error. Dont think that simply because you wrote a letter or made a call, that the person on the other side of that communication understands what you are telling him. To correct this issue, you or a lawyer on your behalf needs to roll up sleeves and dive into the proofs. It may cause you to spend money, but its probably the only way to finally bring it to an end.
A: Thank you for your question. Probation needs to adjust its account and if you cannot get the other party to comply with notifying probation to make the adjustment, you will have to file an application with the Court seeking relief. Additional information is necessary for us to discuss the specific relief to be requested. Please schedule an appointment with an attorney so that he/she can better guide you.
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