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Biodad will be jailed for 90 days for only paying $3500/month to biomom. How will he explain that to his kids?

Shar's picture

Submitted by Shar on Sun, 04/29/2007 - 4:55pm

ok what is wrong with this picture, can anyone shed some light?
Biodad was ordered to pay child support and spousal support to ex wife in the amount of $4200.00 canadian a month. Because that is more than 50% of his paycheque the law states only 50% can be garnished. So he has went into arrears by $700.00 a month and now owes approx. 12000 back pay. Since court order ex wife has went out and got a job at a local bar, and claims she only makes $200. a month in tips and a small salary. The family resource office that controls the amount coming off the biodads cheque just called and said he has until June 30th to pay his arrears or they are taking him to court for back pay and will be taking his drivers license, then his trade licenses then jail for 90 days if he doesnt pay. If this happens, he not only cannot get to work, if he goes to jail he will get fired and there will be no income...Isnt 3500 better to come from him then to force this ex wife on welfare because he wont have a job???? ok what is wrong with this picture. He is paying 3500 + biomom is making her amount(we think around 2000 a month), + 700 for child tax credit and gst a month...she is making more than myself..... Has anyone heard of anything so ridiculous....Its unfortunate because it is going to be their children that get hurt in the long run....this ex wife wont stop at anything, but she is forgetting where the money right now is actually coming from.....Any comments? All she can think about is taking him down...until he has nothing.

Comments

laughterandtears's picture

Submitted by laughterandtears on Sun, 04/29/2007 - 7:42pm

That is a LOT of money to be paying in CS. Why so much? Can he talk to the judge and try to make a payment arrangement? I don't know much about CS as I've never recieved any (married to BS's dad) and our SS's live w/ us but I think that is a crapload to have to pay a month.
IF IT WAS EASY, EVERYONE WOULD DO IT.

Krissy's picture

Submitted by Krissy on Mon, 04/30/2007 - 11:39am

Is it that the CS amount is less than 50%, but with the alimony, it tops 50%? Because in that case...maybe it's considered two different obligations that are exclusive of one another? If so...he might be shit out of luck. However, in my experience, as long as the father makes some sort of attempt to chip away at the backpay he will NOT be jailed nor will any significant action be taken against him. My stbxDH has a child in MN, and in that state, the backpay starts from birth regardless of when the order is filed. He still owes about $2K, but he pays a little extra every month that goes towards the arrears and it's been fine.

If the order WAS in violation of the mandate, I'd have him get a lawyer and put the court's feet to the fire on this one. Good luck!