Ok here is the scenario! My husband and I are in Florida, originally the mother %26 kids resided in Florida and there is a current child support order in Florida which we are paying on weekly. They have since moved to West Virginia and we received notices in the mail that we are behind on payments for West Virginia?!?!? But here is the best part the Aunt that they reside with along with their mother and 3 other siblings (that belong to 3 more daddy's) was the one who filed for child support against my husband. 1st Question is can you be charged by 2 different states for Child Support and 2nd is can the Aunt be the one who files for Child Support?
Answer:
What's probably happening with the notice from West Virginia is that the mother (Custodial Parent, CP) has applied for child support services in her state and West Virginia has registered the Florida order for enforcement. Your husband should call West Virginia to make them aware of the fact that FLorida is already collecting for this child support order. Sometimes CP's open several cases in several states, and depending on the state, the Caseworker may never check to see if the state in which the original order was done is actually enforcing it. Some caseworkers will just take the CP's word.
West Virginia and FLorida will then need to collaborate to correct balances and work together.
As far as the Aunt trying to open a case, she may do so if she has gained legal guradianship of the child. However, if she has legal guardianship your husband should have been made aware of the situation, so it doesn't seem likely.
I hope this makes sense. Like I said, your husband needs to contact West Virginia and Florida both ASAP.
There can be only one claim for child support per child.
If she doesn't have legal custody, she has no valid claim for child support.
Well, I would think that a father would want to support his children. It is too bad that someone has to FORCE him to be responsible through a court order.
He is a deadbeat. No one should have to file anywhere to get him to support the children he brought into this world.
And you, dear second wife, have no say in the matter and need to just butt out. You have no legal standing in this at all.
If the aunt has 'guardianship' of the said child, then yes she can file for child support. If she is raising the child then it is no diffrent then the parent, however that said mom and aunt can not have two seperate child support orders. Only one support order can be in forced. If W.V. is coming after you guys then you need to show them the order out of Florida as well as proof of payment. What I believe is happening, is WV is just the go between state and will be deducting out of the employees pay stub and sending the money to Florida for the child.
A little advise, I'm not judging you at all, I had a simular situation when my husband and I moved to another state from where the order was placed for his daughter. That said, I think if you ask a question, expect some negative feedback from people who do not either understand the question/situation or choice to just write nasty things on their answer. I don't think you should reply to them when this happens. I asked one question on this site and I had a guy who did not know anything about my question and told me to be a good parent and stop worrying about myself. Well what he does not know, is I am a great parent, I have three great kids, I'm a foster parent and I'm also a child advocate that works with abused and neglect children. So does me asking a question about a HIPPA violation make me a bad parent?? No, his opinion tried to make me feel like one. Did it upset me? Yes but I did not reply to his stupidity to give him the satification. Just some advise, I'm not making judgement on you.
Good Luck and Hang in there, it can and will be hard!
The aunt would need to have legal custody of the child to file for child support.
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