Oh you have got to be KIDDING me...yet another CS vent...
Now it's about the arrearages. He got a letter in the mail today from the CS office, an "annual review" that states what the arrears are. Now he was just court ordered to pay them back by paying an additional $50 a week, and that kicks in his next paycheck. It's automatic/wage garnishment, so not like he isn't going to.
So this letter states that although he is paying it back in installments, CS can't be paid back in "installments"?!? Basically stating that although he is paying it back via the wage garnishment, they still reserve the right take other actions to get the money, like levy on bank accounts, property, take his driver's license (how the f**k is he supposed to go to work and get the money then?!?), etc. They are basically demanding all the money within 30 days (about $6000)! He just submitted a contesting of the arrearage amount so what they have is wrong by about $1000.
So how does this work?!? Do we panic? Although the court order states that he is to pay it back at $50 a week (plus the CS office got the notice and sent him the notice for the increase in pay withholding, which he promptly gave to his employer), can they still enforce other measures WHILE he is ACTIVELY paying this back?!? Or is the letter more of a "threat"? He is paying it back--the arrearages accrued because he wasn't about to pay CS for a child that might not have been his; he was waiting on the courts for the paternity test, results, etc.
None of this makes ANY sense...he has done nothing but try to do the right thing and he has gotten hosed/screwed. This has basically ruined our weekend...
Could it be same thing as the
Could it be same thing as the fine print on a car or house loan? Like, the lender reserves the right to demand payment in full at any time, and you have to pay up within 30 days.
Regardless, if there's a motion open, I doubt they'll be able to demand full payment like that.
It means that if he gets a
It means that if he gets a large sum of money (tax refund, lottery winnings, etc) they can and will garnish that money to pay off the arrears. It also means that they will continue charging interest on the arrears. It's just a safety net to allow them to do those things. They won't as long as he pays the agreed installments.
Absolutely get the paternity
Absolutely get the paternity test if there is any doubt!!! I can't stress that enough. My God! If there is a question.... Depending upon the outcome, she may be paying him back.
Yes, that's what happened.
Yes, that's what happened. While we were waiting for the court date, court order for paternity, blah blah etc. etc. etc. court delay etc., the arrears accrued.
Ok, so as long as he has
Ok, so as long as he has something set up (which the court ordered and his job has already been notified to increase the weekly withholding to pay the arrears), he won't lose his license, or have his bank acct levied (I HAVE to get him off of my account first thing monday!), things like that? Chances are he will owe taxes because from now on we will be doing our taxes separate, so not worried about losing the return since we most likely won't get one. We were just concerned that they will still try the other BAD enforcements while he is doing what he is supposed to be doing (paying).
We are trying to figure out anyway to pay the whole arrears in 1 lump sum...sure it makes me ill to my stomach to think that BM is going to get a windfall of money, but it's the 1 and only time she will ever. That way we aren't dealing with this arrears bullcrap. Sad, it will most likely not really be used for the kid. Also sad to say, not our problem if she mismanages the money.
I'm guessing that it varies
I'm guessing that it varies from state to state, but I think that it's as someone above stated that they put that clause in there so if he won the lottery or got a large tax refund, inheritanace or something of that nature that they could take that money as payment towards arrears.
I live in NY (probably one of the toughest CS states in the union) and used to do payroll for a large agency.... I would get a stack of about 50 or so child support orders from the state every week for employees that we had and I can tell you there were some who were in arrears way more than 6,000.00... and they were still driving and working etc. I remember one guy who was in arrears 98,000.00!!!! I actually felt bad for him.. not like he would EVER pay that off (unless he won the lottery or inherited a fortune or something)
I know it's scary to think that the government can come in and wipe you out, but I really do think they try NOT to do that... as long as you're making regular payments I think you'll be fine.
I'm sorry you are dealing
I'm sorry you are dealing with this. BM has daughter during summer only. We have her during school year. BM does not pay any child support, but gets to claim her every other year on her taxes. EEEEK - if that wasn't bad enough, she quickly does taxes and claims her two years in a row. DH asks her why, and she says "oh, I forgot". My ass! He just sucks it up. No joint tax returns in my future.
In your situation, I would pay it all in one lump sum if at all possible. Just to have it behind you, then you won't have to worry any more.
i would pay AS MUCH as you
i would pay AS MUCH as you can regardless what the court order says, HOWEVER, i'd be contacting an attorney on the matter.
I would question getting an
I would question getting an attorney unless you feel that a real injustice is being served. That will just cost you more money, a lot more money. If you are on a payment plan they probably will not garnish the full amount. It appears to me that the first thing that needs to be done is to get the paternity test. If the test is "negative" you have nothing to worry about - the debt goes away, if "positive" then, well, he needs to get out of arrears and step up to the responsibility. Family court sucks. Paying child support can suck. I totally get that. The fact is that it is put into place to ensure that parents take financial responsibility for their kids. Unfortunately family court always seems to defer to the side of the mom in the relationship and they tend to use heavy handed techniques, even if you are a ready and willing payer. One thing that I would like to add is that if the child IS his and you go back to court to settle on a custodial and child support plan - is the judge going to be happy if you were refusing to cooperate with a child support order? With family court, the rule is to toe the line of the court order. If you have a good reason to get your court order changed (ie child support, more visitation time, custodial change, etc), file a motion and have your issue heard by the judge! Trying to "game" the system is the worst way to go. The court will catch up with you and they have methods (financial) that can crush you.
Oh he's not refusing...the
Oh he's not refusing...the numbers were fudged by BM (we have official proof via CS office pay info). He is willing to pay, he just wants it to be right. Court has been all done and settled. He really is trying to obey the court orders...but it seems like he is in a no-win situation.