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Paying CS...what is required if your wages are not garnished...

herewegoagain's picture

I was reading that the amount of CS is X amount per month. Technically, if your wages are garnished, then they figure out how much to take each month...but really, what if your wages aren't garnished? Can you send any amount during the month as long as the full amount is paid for by the end of the month?

Here is what I'm thinking...

CS 600USD a month...so, today I will send you 1.00USD...in a few days 10.00USD...then I might send you 99.00USD and then by the end of the month, the other 400USD...but never a steady amount...is that acceptable? I mean, there are some weeks that the person paying CS has more income because of commissions, etc...so, could that be done? I am thinking that as long as the amount due for the month is paid in full within the month, how it's sent is really irrelevant...and no, the courts cannot garnish the wages because there is no job or unemployement, etc...

Comments

DeeDeeTX's picture

Wow, I would hate that scenario. All our child support goes through the state office...we send a check, and then they cut a check to BM.

Is there any way you can do that? Child support right from one person to another just sounds like a PITA.

Either way, I would hate to be in that scenario. I wouldn't think it was wrong, but again, just a PITA. IF someone makes more money one week, how about just saving it, and sending it all at once in the monthly amount whenever it is due?

Honestly, if someone tried to do that to me, I would assume they were trying to make the paper trail so confusing it would be hard to prove what was paid and what wasn't.

stormabruin's picture

Ours is specifically stated in the newest CO that DH is to pay $XX.XX every week.

There are some that are payable once a month. Some orders are not so specific & in that case I would think the amount just needs to paid in full within the month.

ETA: It works better for us to pay weekly for a couple of reasons. It's easier to come up with a smaller amount each week than to have to part with a bigger chunk at one time. BM threw a fit about DH paying EOW, so the judge ordered weekly. The other reason I prefer it that way is that DH's weekly payments aren't enough to fill a tank of gas. Given the change in the amount, I figure getting the wee little checks once a week probably pisses her off more. Smile

herewegoagain's picture

Honestly, I'd love to do like some guy in the US did, that dumped thousands of pennies on the driveway of his ex for his last alimony payment lol }:)

Disneyfan's picture

I wish we could just make 1 payment a year. BM is awful with money. If DF could the court a check in January for the whole year, BM would blow it all by March.

sonja's picture

CS here is paid by the 1st and by the 15th. FDH has tried to pay her 1x a month and she was convinced that he was trying to screw her haha. I personally think 1x a month would be better because she thinks every time she has to look at him (for dropoff) that he will have money for her.. turns out there are more fridays than that!

She has asked many times on the 3rd fridays that arent before the 1st or the 15th (and therefore hed be paying more than a week early or whatnot..) if 'hes going to pay cs'. Uh DUH! I always tell him to tell her 'when its due!'

Ha. He gives it to her directly. Because they were divorced, the CS stuff is in the divorce papers, and not through child services. If it was through child services, she either wouldnt be getting the whole payment or he would have to pay more so child services gets their cut too.

Also modification I believe is MUCH harder and could take SEVERAL months to get a review. It did take 2 months or so to get a court date when we filed pro se to get a mod through the superior court. *I* did lots of google research and was able to do the forms myself. It would have been LOTS more money through childservices, but through the court we just had to pay to file.

JustAnotherSM's picture

My DH paid CS without having his wages garnished. The CO detailed the amount that should be paid weekly/biweekly/monthly. But DH worked inconsistent hours for a while and would pay a little less one month and then catch up the next month. Based on what I remember, there was a cushion amount and CSE would not pursue DH as a deadbeat dad (i.e. take his income tax return, suspend his drivers license, etc.) as long as he was less than $1000(?) in arrears. I don't remember the exact amount. This was in Illinois, about 10 years ago - before they outsourced CSE to an independent company.

3littlemonkeys's picture

The CO probably specifies what is due and when.

Why spend the time and energy thinking up ways to try to mess with BM? It would cause more drama and it gives her free time in your head. Smile

herewegoagain's picture

Because she did it to us for 12+ years...because my DH paid on time every single time and she still did everything she could to screw us over...because she had NO regard wether my son or any of us could eat as long as she got to get her nails done...that's why...and no, it wouldn't be forever, it just so happens that this might occur literally the last month or two of DH having to pay CS...maybe then the witch will realize how good she had it before she scre@#$#$$ed us all over. That's why...oh, and because my DH is ahead thanks to her lying to the courts, but she would never give him the money back...and guess what? Because towards the end it won't be garnished, she will be in for a rude awakening when she doesn't receive what she thinks she should...because the last checks will include the CREDIT she has kept for the last 7 years...

herewegoagain's picture

Sadly, YES IT WILL! You see, we have NEVER fought back. We have NEVER hurt that witch. She has made our life miserable for years and each and every time we ignore and continue our lives. But you know, there comes a time where you have to let people know exactly what you think of them...and the time will soon come.

Anonymous_stepmom's picture

I'm not sure. Although there have been times when my ex couldn't pay in full all at once so he sent me half at the beginning and half in the middle of the month, that was a mutual decision though between us privately, since he has been paying in full but I don't mind accepting half now and half later at times if he's having a rough time, as long as I receive it by the end of that month.

Rags's picture

Before we nailed him for direct payroll with holding of CS the SpermIdiot's CS obligation came in bits and pieces during the month. CS was paid to the CSE office who would then pay my wife.

CS was $110/mo then $130/Mo and even at those pathetically low CS levels it was rarely paid in one check to the CSE office each month.

The really pathetic part ..... the SpermIdiot did not pay his own CS. SpermGrandMa paid his CS obligation for my SS, spawn#2 and raised spawn #3 and #4 with no help from her idiot son. This is in large part why we invoked direct CS withholding from his payroll. That way he had to beg for the money from SpermGrandMa to make up for what was taken out of his pay. }:)

So, based on our experience, I would say that you can pay it in whatever micro installments you feel like as long as it is paid to the CSE office or to BM directly in the month it is due.

If you don't pay the CSE office in your state then I would make damned sure to pay with electronic transfer so you have very specific transfer records so BM can't yell "I never got it".

What you need to do is verify this with your state attorney generals office to determine the actual rules.