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#756380 - 11/17/12 02:55 AM child support question
chrismfisher Offline

recently joined

Registered: 11/17/12
Posts: 1
I ended a relationship w my child father in Feb. I began the help for child support in May. My child's father would not provide his job/financial information so they had to obtain it through the tax commission. By the time they got all the info and passed it on to the states attorney it was it was June when they filed and July when he was served. He filed a response in July then filed a sepetaterequest in Aug. The state was then required to file to consolidate the cases. By Sept it was all sorted out and the hearing set our court date to Feb 2013. A full year later . In Sept the states attorney agreed the time was lengthy and filed a motion for Temp support. In the motion the attorney requested the order begin in Oct but also the the support cover from Feb when the relationship ended. The judge did order the support to begin in Oct, however he made no mention agreeing or disagreeing with the order to include from Feb. I was told that since it was a motion for temporary order that may have been why it wasn't addressed. *note: my child's father failed to reply to the motion to begin with, and there is a rule in Idaho allowing for a default judgement. However the judge cut him some slack I assume because we are pro se.* since the hearing for the tempiry order in Oct we have come to an agreement on custody. We have been unab to file it because my child's father is hung up on the support. He does not want to pay the amount set by the guidelines. He wants it significantly less. I mentioned removing the tax portion the daycare portion the medical premium etc. I then asked if he wanted to try and work out a private settlement on the arrears to prevent any negative impacts on wages taxes credit etc. To which he replied he had been advised and believes wholly that the judges in ADA County simply do not make a general practice of ordering arrears. So he refused to agree to anything having to do with past monies. Aside from the first 2 months of the desperation I have been doing everything asked of me since May when the process started. How is it that I am held responsible for the entire support of our child because of his lack of cooperation and the time it takes the state attorney to file as well as his separate filings, ? Is this really true of ADA County family court judges?

#756381 - 11/17/15 07:47 PM Re: child support question [Re: chrismfisher]
oldsmom Offline


Registered: 06/08/15
Posts: 100
Counties do vary, and so do judges. The reality is that you won't know until you are in front of that judge hearing it from his mouth. It sounds like your ex is bluffing.

And why would you not be able to file the custody agreement? Usually custody and support are different documents and different filings.

On a side note, I live in a neighboring state, and they will not allow private support agreements. My husband and his ex a few years ago tried to sign off on support base don a part year's calculation because they didn't want to hassle with the extra paperwork. The judge refused to sign it. They require both parties adhere to the state calculation with current income no matter what.


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