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child support question

Chmmy's picture

I've seen a few posts on facebook where stepmoms complain that their DH pays BM CS in cash/check or other method that is not through the state.  That money is then considered a 'gift' and their DH still owed BM her CS even though he paid her unofficially.  I'm not really sure how it works but you have to make it official and not just get a receipt or BM can still come after the BD for the full amount owed.

In our case, DH is now the custodial parent the past 4 years and BM was ordered to pay $50 a week for 4 kids.  Anyway she never turned in the paperwork to her job to have the money come out of her check and she pays cash.  We don't know why she doesn't have the money come out of her check but she is a chronic liar so maybe she lies to her husband about how much she pays as she should be paying 5 times as much but DH has no balls to take her to court(another story for another day). We are in Illinois if that matters but does she owe DH $50 a week times 4 years?  She actually owes him so much more because he paid 100% of their medical, school, activity fees etc while the kids lived with her because he wanted to be super dad and pay for everything and she never reimbursed him her 50%.  I can't even imagine how much she owes him but he will never get it.  What I want to know is if she ever tries to pull anything with him can we use the fact that she owes him $10,000+ to scare her off.  Honestly I'm mostly asking out of curiousity because I don't think anything will ever happen and if it did, I most likely won't be around as I have one foot out the door in this marriage anyways.

Comments

tog redux's picture

Around these parts, the papers to get the money to come out of your check have to be sent to your employer by Child Support Enforcement. It also has to be ordered to be garnished by the court.  DH tried to have it taken out of his check when he changed jobs (it was taken out at the prior job), and they said he couldn't provide the info, CSE had to do so.  And then after the most recent court appearance, BM tried to get it taken out of his check, and CSE wouldn't do it because the order said he should pay direct.

So she may be unable to arrange for a garnishment herself. But yes, she owes. And if he took her to court, they could likely issue a request to have it garnished from her paycheck.  I really don't get why these men won't get CS from their exes.  Women seem to have no trouble doing it.

 

Chmmy's picture

She pays him the $50 a week cash that the state ordered, she is making more money now so he is entitled to more if he went to court but he hasn't and won't.  Whatever.  Even though she is current on CS by paying cash I guess she is $10,000 in arrears according to CSE.  He doesn't plan on going after her for the money but it is nice to have that in his back pocket if needed.  Ya neer know what this BM has up her sleeve.  She actually hasn't been too bad the last couple of years so hopefully the drama is over with her.  Like I said, I have one foot out the door so any backlash in the future will not be my problem.

tog redux's picture

Well, if she is paying, then he certainly shouldn't go for arrears that she doesn't really owe.  He could clear that up with CSE by telling them she has been paying in cash.

But considering she rarely takes them and 200/mo for 4 kids is ludicrous, he should go back for more.

lieutenant_dad's picture

Yeah, I wouldn't lie and say she never paid, but I do think having the ability to say "okay, we'll put it through CSE AND look at doing a modification because it hasn't been reviewed in a long time" is powerful enough.

advice.only2's picture

You are very fortunate they are making her pay at all.  We got custody of Spawn at 10 and never got a dime.  DH was admonished by the court not to seek CS. 
I would have your DH contact CSS, but don't hold your breath about getting honest answers.  We got dicked around by them horribly right before Spawn turned 18.  They ended up garneshing DHs checks after we had already paid in full for one month.  They kept garnishing despite showing he'd paid and we finally had to get our lawyer involved, then suddenly they were able to clear everything up.  

Thumper's picture

Side note:

50bucks a week for 4 children?? A man would never get away with this.

Tell her to get a better job.  She should be paying 1k a month at least.

Chmmy's picture

Sd is 21 now but she was 17 at the time of the order. She did get a better job. Dh could be getting 5 times as much aince Sd is a college student shed be paying. Whatever. 

TwelveLongYrs79's picture

Over 7 1/2 years. That's how much Skankula would have paid if DuH had tried to even attempt to pursue CS at the same rate he was paying at his lowest CS rate. 
He didn't bother bc his *genius* idea was he didn't need her money to raise his daughter. Right..just OUR money...

She bought school supplies twice. And clothes once. 
 

im not bitter...*lol*