Can a custodial parent ask for non-custodial parent's pay stubs at any old time?
My husband is the non-custodial parent, and as part of the CS he was ordered to pay a percentage of his performance/bonus income (net income) in addition to the weekly CS. The court order only states that he pays thru the state CS office; however the state CS won't take "percentages". So while we wait for another court hearing (in regards to arrearages that built up while we were waiting for paternity and the court system), the CS office did say that we could pay the custodial parent direct (in the form of a bank check), as long as she signs a notorized statement that states she received the money, what it was for, and that it is not a gift.
So we contacted the custodial parent to let her know to meet us at the bank. She's purposely not working and living off of the CS, so we KNOW she will show up for the money and do whatever it takes to get it, we aren't trying to purposely be difficult but at the same time want to protect my husband because she's the type to say she never got it, or it was a gift, etc. She then texts my husband and tells him to bring "all his documents", meaning she wants all his paystubs dating back from November! To our knowledge we don't have to give her squat but the $. If she wants to contest the money (and my husband DOES know how to do basic math) she can contact the CS office where we have to file the paperwork with (according to the court order).
She can't DEMAND this, can she? The final ruling for the CS has taken place, so no modifications for 3 years unless she starts working--that's the impression that we are under...
Oh, he doesn't want to give
Oh, he doesn't want to give her his paystubs because she is already complaining that there are "too many" deductions from the gross bonus income, plus he only got the bonus income in 2 pay periods, not since November. She just wants to over-analyze his pay stubs to get any crumb she can...
Oh, they ARE taking the CS
Oh, they ARE taking the CS out of his weekly GROSS income (which is insane)! This bonus pay stuff is EXTRA. Yes, EXTRA CS MONEY. :sick:
The custodial parent tried to get the bonus income calculated into his annual salary, but our old lawyer was able to make a good enough argument that the money fluctuates so wildly it wouldn't be fair to do that. So the judge felt it was "fair" to order the percentage of the NET bonus because bonus income is taxed at almost 50%!!! THAT made BM VERY angry, because that would've jacked up the weekly CS! My husband is paying almost $300 a WEEK, while she contributes a big.fat.ZERO because she "claims" she can't find work. Our area actually has a lower unemployment rate vs. the rest of the country, and there are jobs available. Funny she took down her online resume... :sick:
So we are trying to avoid her having "ammunition" to try and fight to get the bonus $ added to the rest of his income, to get the $ at gross vs. net. It's why he just wanted to pay her off to shut her up. At least this way when/if they change the court order (and I see no reason why they won't, esp since we are arguing it's in the "best interest of the child" and all that, for her to get the funds fast and direct), it will be official.
Thanks!
We DO live in 1 of those
We DO live in 1 of those 3.... :sick:
And yes, it DOES SUCK...
and this isn't even a divorce...augh... :sick: :sick: :sick:
That's not very reassuring because BM calculated the arrearages at $1000 more, and the judge just signed off on it. So my husband was just filing last week to get that taken care of (and found out about the issues with the CS office AFTERWARDS)...she had NO official documentation other than "her word" and a simple spreadsheet. My husband turned in everything from the CS office (he has had wage garnishment for the last few months) plus his paystub. Hopefully we will get that taken off and not get an "oh well"....that would NOT be cool...
Thanks! Luckily he IS a
Thanks! Luckily he IS a fighter, and I'm just as much as (if not more) of a fighter myself! He was just getting tired of going to court and just wants to pay the $ and not be questioned for every single penny, or have the courts do their "lovely" calculations that affects us even more financially. I mean, this BM even had the NERVE to say that our children should NOT have been taken into the calculations (they did a hypothetical amount for our kids, which is less than what that kid gets because I work and she doesnt...although the good thing is technically "we filed first...she got what was left), that since I go to work that I support the kids just fine. This was AFTER she was told that NO, my income would NOT be calculated! She wanted my income added because SHE felt that the CS should have been based off of our entire household!!! LOL too bad for her the judge pretty much laughed at her and told her um...no.
The CS office said that they
The CS office said that they would take the $ and put it towards the arrears, but then he would still be on the hook for the bonus $. They said they don't deal with anything else other than wage garnishment/weekly CS payments, that this is "extra" and they have no way of dealing with it. We were actually going to wait for court, but the custodial parent is threatening contempt. We just want to pay it and be done with it. He has gone to the CS office, talked with the manager, etc. They told us to just keep a record of paying her direct--it was my idea to make her sign a receipt at the notary, and they will put it all in his file so he gets "credit" for following thru...at least while we are waiting for the court date. The arrearages were miscalculated--they actually took the dollar figure the custodial parent calculated, which was ALL wrong, and took her word for it!!! So we are fighting that because it's $1000 off! At that time we will also tell the judge the problem we are having with the CS office and have the order amended to just pay her the $ like this.
This is what the CS office
This is what the CS office told us to do, because they won't take it. We talked with my husband's caseworker, a manager, and a representative at the courthouse. Basically as long as we get a record of it and she signs a notorized statement that she is receiving this NOT as a gift, then CS office said it was ok. Funny because on the CS office's website it says to not pay the CP direct, and that the CP isn't to take direct payments.
The problem is that we are afraid if she files contempt and modification, she may try to get his bonus income added to his income, which is what she tried to do before and failed. We don't want to courts to say well if the CS office won't take it then we will add it to his income so they can. His bonus income fluctuates depending on how well the company does. Some years he gets a great amount, others he barely gets anything. There have been a few times they got nothing. This year is turning out to be a great year, and if the income was calculated into his income (gross vs. net) then it's an additional $15,000 a year!!! which means his CS will jump up about $100 a week at least! She is already getting about $15,000 a year tax free (not including the bonus $, which this time around her "cut" was $800).
TRUST me I don't want to pay
TRUST me I don't want to pay her directly either...my husband wanted to wait for a court date but at the same time doesn't want to get hauled in for contempt or a possible modification either...this way this shuts her up.
We pay CS directly to the BM
We pay CS directly to the BM by a check, always a check never cash. In colorado, it isn't mandatory to go through the system and as long as you pay on time and stuff it's good.
What state dosent consider direct payments part of CS?
The rest of the CS is going
The rest of the CS is going thru the CS office; however it's this additional bonus income that is the problem. Because the court order states for him to pay it thru the CS office, but the CS office won't take it (because it doesn't have a dollar figure, and it won't/can't because the amount changes all the time--it depends on the company/market). So he is going to get the wording changed so he can pay it directly to her, and that way we are complying with the order AND getting "credit".
Thanks!
1. CP can ask for whatever
1. CP can ask for whatever they like - you are not obligated to give her any paystubs or veryify your income with her UNLESS There is an order to do so.
2. If she files for a modification - any money you give her is a GIFT - no matter what you write up. Put the money in an account - directly earmarked for child support.
3. Your already awaiting a hearing get it settled then.
4. You can send the money to CS office & they will add it to your account - now whether it will count as bonus money or arrearages you'd have to fix at the hearing.
5. CS offices seem to be notoriously for BM whether she be getting or paying CS. Your hubby will probably not be happy with the outcome. Prepare yourself.
Thanks for your info! I will
Thanks for your info! I will have him call the CS office one more time and chat with them before our planned meeting. Not sure when the next court date for the arrearages is supposed to take place because we just filed last week. When she filed she obviously got an outcome FAST, so I figure since my husband is the NCP it will take forever...
It just strikes me odd that the CS office TOLD us to pay her directly...I mean his caseworker, a manager, and the court rep...because you guys are right, we do NOT want to get screwed or have this seen as a "gift"...bitch doesn't deserve any "gifts" she gets enough money...augh I hate the system!!!
DO NOT GIVE HER MONEY AND YOU
DO NOT GIVE HER MONEY AND YOU DO NOT HAVE TO GIVE HER THE STUBS - SHE SOUNDS LIKE A BITCH - HERE YOU ARE READY TO MEET HER AT THE BANK TO PAY HER AND SHE IS DEMANDING ALL OF THIS SHIT - TELL HER TO STUFF IT AND WAIT FOR THE HEARING - BUT AS MENTIONED ABOVE PUT THE MONEY AWAY IN A SEPARATE ACCOUNT - AND I WOULD CONSULT A LAWYER ON THIS!!!
Oh trust me you don't know
Oh trust me you don't know the half...unfortunately with the arrearges ($6K) we no longer have an attorney so have to represent ourselves. I think I will tell my husband to tell her to just hold on while we research this further. She's money hungry/grubbing so I know this will just send her over the edge. We are still considering just paying thru the CS office and then let her deal with them vs. us....
Tell that BEOTCH to go to
Tell that BEOTCH to go to court. She can't ask for those. Dumb witch. She probably just wants to make sure she is sucking up every penny she can get. He can refuse and then she can waste her time going down to the court. If she gets that far, bring all his records and then, together with the judge, you can ram them down her throat. Sorry - pent up aggression over here! }:)
THANK YOU everyone for your
THANK YOU everyone for your insight. We decided to just forget it and my husband went back to the courthouse today, to get the order modified to pay her direct vs. the CS office. The CS office wants a set dollar amount, which he cannot give because the pay fluctuates. Plus he doesn't want to pay a set amount based on the amounts now because it's performance/company wide based--if the company has a bad year the dollar amount can be drastically different than a good year. So the easiest thing is to just have the order modified to just pay her vs. make the order so the CS office will take it. I know it sounds kooky, but we are just very fearful of the money getting recalculated and then we lose out on more money than we have been already. Trust me he is already paying a pretty penny for this mess, and we feel the court system is pissed at him because of the circumstances (although they won't "admit" it). At least this way it's in the court order, the paperwork can still be filed at the CS office, and we don't have to fear the courts changing numbers around. 24% of the NET is really not too bad...we just don't want them to change it to gross pay, or make up a number to satisfy the CS office, or worst of all, roll it into his income.
Thanks again, and I'm glad he decided to go this route.
The CP can ask for anything
The CP can ask for anything any time just like the NCP can. That does not mean your DH has to give BM what she asks for. He does not have to give her crap unless the court requires him to and then the court will get it and probably provide BM with a copy.
I would not interface with BM directly on this if I were your DH. I would calculate the bonus CS payment and give the check to the CSE office to then make payment to BM.
I would in no way interface with her directly on this. CSE is obligated to pass CS from the NCP to the CP. In our case before we invoked direct payroll withholding the CS check was dropped off at the office with the case and account #s then the CSE office made either cut my wife a check or direct deposited the CS to my wife CS receiving account.
If he decides to give the CSE office copies of his check stubs when he drops off the bonus CS check he needs to redact all but the specific bonus income information and his name. Two lines should be all that is not blacked out. His name and the line indicating the bonus. That is is. Nothing else is BM's or the CSE office's damned business. IMHO of course.
It sounds to me that the CSE office is trying to avoid doing their job. Not unusual for a government agency I might add. I would drop the check at the CSE office and get them to sign that they received it. That way no arrearages will apply and any screw ups are on the CSE office.