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2/16/2013 3:10:12 PM Why I despise the Family Court System?  
xbrockx
Collingswood, NJ
71, joined Aug. 2012




http://www.wxyz.com/dpp/news/father-says-hes-still-paying-child-support-for-3-year-old-son-who-died-25-years-ago



Father says he's still paying child support for 3-year-old son who died 25 years ago








By: Kimberly Craig

DETROIT (WXYZ) - Lional Campbell's son, Michael, passed away at the age of three from acute meningitis.

"It took a lot out of me," says Campbell who is from Detroit and now lives in Kentucky. And it's that distance that is making even more difficult for Campbell to wage a fight with Wayne County Friend of the Court over child support that Campbell says he is still paying for Michael.

A spokesperson for the Friend of the Court says no one ever notified them of the boy's death until Campbell began asking why he still owed child support in 2011 for a child that was deceased by the age of 3.

For years, Campbell never questioned paying child support to Friend of the Court because he thought the money was for what he owed for an older son he fathered with Michael's mother.

The older son was born seven years before Michael and is now 34 years old.

Believing his payments, that included arrearages, should have ended by now, Campbell asked why the payments had not stopped.

He says he was told the continuing payments were back child support for his son Michael.

Campbell drove to Detroit to show court officials a death certificate, proof that Michael died in 1988, but says he was told that he still owed about $43,000 for Michael.

Campbell asked for several audits. Each time he was given a lesser amount. He was then told he owed a little less than $20,000.

Campbell says even clerks at the Friend of the Court have been baffled.

"The lady said 'how you owe on a child been dead 23 years?' I said I don’t know and she said we’ll do another audit".

Campbell reached out to 7 Action News and while a spokesperson for the Friend of the Court could not talk specifically about Campbell's case because of privacy issues, they did tell us that surcharges drastically raise the amounts owed by non-custodial parents.

One court official likened the surcharges, that ended several years ago, to "loan sharking".

Court officials admitted to 7 Action News that the calculations from the audits were wrong and that they would expedite another one.

The latest audit resulted in what court officials believe is an accurate amount Campbell still owes: $6,460.08.

And after so many erroneous audits, Campbell still doubts he owes that amount because for so many years he was paying for what court officials believed were two children.

A spokesperson for Friend of the Court tells 7 Action News that there is no clear reason other than human error to explain why multiple audits generated such varied amounts.

The case is also complicated by factors that include: appropriately detangling the surcharges; gaps in Campbell's employment history; and payments for two children that were being made for many years.

Campbell plans on seeking another audit before filing his taxes for fear that any refund will be swallowed up by the Friend of the Court that continues to garnish his checks.

Court officials call the mistakes they believe were made on their part "regretful". And they believe the errors in Campbell's case are isolated.

Michael's mother declined to comment on the story.


Read more: http://www.wxyz.com/dpp/news/father-says-hes-still-paying-child-support-for-3-year-old-son-who-died-25-years-ago#ixzz2L5pmhdLS




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2/16/2013 6:01:31 PM Why I despise the Family Court System?  
bon_aqua
Bon Aqua, TN
62, joined Feb. 2013


Excuse me, sir. I just read this. Why is the judicial system being so unjustly targeted with having made an error?

The parent paying child support is the responsible party for keeping the juvenile court updated on all changes which may affect support payments.

It is not the responsibility of the Friend of the Court to make contact with a payer of child support to find out what the current financial circumstances are; the court order for child support stipulates that the payer must advise the Friend of the Court on a regular basis of any and all financial changes; as well as the death of a recipient.

The father appears to have violated the constraints of the child support court order.

What took him so long to file a complaint? Why has he not hired an attorney to get this civil issue resolved?

2/16/2013 9:56:02 PM Why I despise the Family Court System?  
xbrockx
Collingswood, NJ
71, joined Aug. 2012


"It took a lot out of me," says Campbell who is from Detroit and now lives in Kentucky. And it's that distance that is making even more difficult for Campbell to wage a fight with Wayne County Friend of the Court over child support that Campbell says he is still paying for Michael.


WHAT PART OF THIS HAVE YOU MISSED?

2/16/2013 10:15:35 PM Why I despise the Family Court System?  
garnetlady
Over 2,000 Posts (3,229)
Cincinnati, OH
57, joined Nov. 2007


Quote from bon_aqua:
Excuse me, sir. I just read this. Why is the judicial system being so unjustly targeted with having made an error?

The parent paying child support is the responsible party for keeping the juvenile court updated on all changes which may affect support payments.

It is not the responsibility of the Friend of the Court to make contact with a payer of child support to find out what the current financial circumstances are; the court order for child support stipulates that the payer must advise the Friend of the Court on a regular basis of any and all financial changes; as well as the death of a recipient.

The father appears to have violated the constraints of the child support court order.

What took him so long to file a complaint? Why has he not hired an attorney to get this civil issue resolved?




"For years, Campbell never questioned paying child support to Friend of the Court because he thought the money was for what he owed for an older son he fathered with Michael's mother."

I do know it is harder to fight issues in the courts when each parent is in separate states. I don't think the father has been in violation. It would have been the mother...she received money knowingly for 2 children not 1

2/17/2013 7:46:55 AM Why I despise the Family Court System?  
xbrockx
Collingswood, NJ
71, joined Aug. 2012




2/17/2013 10:47:13 AM Why I despise the Family Court System?  

jrbogie1949
Over 10,000 Posts!!! (13,851)
Ventura, CA
68, joined Mar. 2009


Quote from xbrockx:
"It took a lot out of me," says Campbell who is from Detroit and now lives in Kentucky. And it's that distance that is making even more difficult for Campbell to wage a fight with Wayne County Friend of the Court over child support that Campbell says he is still paying for Michael.


WHAT PART OF THIS HAVE YOU MISSED?


here's the part that i missed. where in the court order was it stated that the man would continue child support after the child's death?

2/17/2013 12:33:54 PM Why I despise the Family Court System?  
xbrockx
Collingswood, NJ
71, joined Aug. 2012


AMEN!

here's the part that i missed. where in the court order was it stated that the man would continue child support after the child's death?

3/3/2013 4:16:28 PM Why I despise the Family Court System?  

tcretiredhippie
Over 4,000 Posts! (6,833)
Durand, WI
59, joined Apr. 2012


Quote from xbrockx:
"It took a lot out of me," says Campbell who is from Detroit and now lives in Kentucky. And it's that distance that is making even more difficult for Campbell to wage a fight with Wayne County Friend of the Court over child support that Campbell says he is still paying for Michael.


WHAT PART OF THIS HAVE YOU MISSED?
you are freaking dense

3/4/2013 6:19:26 PM Why I despise the Family Court System?  
moolieo
Hampton, VA
46, joined Dec. 2012


Men need to fight back at the lazy women that abuse the court system. Besides there are many abusive women that are part of the advocacy crunch that affords bad mothers free services

3/4/2013 6:39:45 PM Why I despise the Family Court System?  

tnbadboy1965
Gallatin, TN
52, joined Dec. 2012


Quote from xbrockx:
AMEN!

here's the part that i missed. where in the court order was it stated that the man would continue child support after the child's death?


Look at your court order, it will plainly state that YOU should have notified the court the child had passed away. Apparently neither you or the mother did that. How were they supposed to know he had passed away if no one told them and showed them proof?

Yes it sucks that you have been paying for so long for this but child support services is not totally to blame on this one.

3/4/2013 6:40:58 PM Why I despise the Family Court System?  

tnbadboy1965
Gallatin, TN
52, joined Dec. 2012


Quote from moolieo:
Men need to fight back at the lazy women that abuse the court system. Besides there are many abusive women that are part of the advocacy crunch that affords bad mothers free services


It is up to the person paying the support to report any changes. He shoud have notified them immediately when the child passed away.

On a side note I would fight the arrears and penalties.

3/23/2013 2:07:41 AM Why I despise the Family Court System?  

oh_lola_why2
Yucca Valley, CA
51, joined Mar. 2013


i live in a community property state and each and every court hearing or whatever that i would go to, i would actually look around certain someone would say, "hey that cant happen, that does not happen here"
yeah i been totally screwed.
and just an fyi here......any order to continue paying support beyond the childs death is not legally child support. that would be more like alimony, unless the order specifically states it is not alimony. if it is, dude can deduct what he pays off on his federal taxes. i know this area quite well and if he writes if off as a deductions, then SHE has to report it as income, something that sometimes stings a bit. but it is tax law and it hasnt changed in many years.

4/2/2013 6:01:41 AM Why I despise the Family Court System?  
f150fordf150
Shingle Springs, CA
50, joined Apr. 2011


Child support is not tax deductible!
But she still has to claim it!

4/14/2013 11:48:03 PM Why I despise the Family Court System?  
cupocheer
Over 10,000 Posts!!! (279,176)
Assumption, IL
68, joined May. 2010




4/14/2013 11:48:18 PM Why I despise the Family Court System?  
cupocheer
Over 10,000 Posts!!! (279,176)
Assumption, IL
68, joined May. 2010




5/5/2013 11:47:55 PM Why I despise the Family Court System?  
lilod
Over 7,500 Posts!! (8,074)
Aurora, IL
51, joined Aug. 2012


Quote from tnbadboy1965:
Look at your court order, it will plainly state that YOU should have notified the court the child had passed away.


It will?

That's very interesting. I've practiced divorce law in three states and I've never seen a court order that "plainly states" any such thing.