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Cross Post: Is it really that hard

Thursdaysarethebestdays's picture

Submitted by Thursdaysarethe... on Sun, 09/29/2013 - 6:45pm

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General Discussion

to get a Court Ordered Withholding Order enforced?

BM was ordered to pay CS last September, made partial payments on two months over the last year, despite DH having the paperwork that says the withholding order was signed, nothing has come of it. DH attorney says they sent the paperwork and nothing happened, so the attorney questioned if BM was actually working...

Well, in early September of this year, BM was ordered to pay CS with some extra toward arrears and a new order to withhold was signed, since the amount was adjusted...still nothing.

Is it really that hard to send a piece of paper to payroll or HR or whomever handles these matters and then have them start to withhold the money?

I hate to sound like I'm pushing for BM's money, but that wench has put us through a crap load of hell in the last year and I feel this might be one way to make her pay for it all. Well, that and the fact that BM motion for 50/50 custody was denied and she was basically told her claims were unfounded. But that is the ice cream, the CS is the cherry on top.

Rags's picture

Submitted by Rags on Sun, 09/29/2013 - 11:49pm

When DickHead (my SS's BioDad) was put on wage garnishment for CS he did not even know about it until his check went to nearly $0.00. All we had to do was send the state the name of his employer and they took car of the rest fairly qickly even.

In our case he ran from the process server when we filed for ammendment of CS so he never showed up for the hearing. The DA asked my wife to provide what information she could on his employement and his income. Never ask a CPA to investigate anything unless you want a very thorough report. We spent about two weeks putting together the information on DickHead including his employer's contact information, his old tax returns, his state plumbing license number, an income report on the wage distribution data for plumbers in the county he worked in, etc.....

The court raised his CS by nearly 700%. When he picked up his pay check after his employer started garnishing his wages it was for less than $50.00. His head nearly exploded I am sure. He called my DW screaming. Our message was 'that is what you get when you run from the constable who is trying to serve you with a court summons'. He filed for emergency relief with the court, we went back yet again and had a fun day of baring his idiot ass in front of the judge and most entertainly in front of his mommy. }:) Biggrin Dirol The Judge ruled that the 700% increase was too high and lowered it to an increase of 300% but since the 700% had already been ordered and it had been nearly a year since that order was implemented he had to pay the years worth of arrears at 700%.

I would call the DA and see if they can motivate the CSE office to inforce payroll withholding. If you know where she works then provide that information to the DA or CSE office.

That might help.

Thursdaysarethebestdays's picture

Submitted by Thursdaysarethe... on Sun, 10/06/2013 - 8:28pm

DH's attorney says they have sent the needed info to BM's employer but nothing has come of it. I have told DH that he needs to call the AG office about it because it's ridiculous. At this point, this may be DH only hope to get any CS since BM is actually working because the minute that BM goes back to not working any hope for collecting will be gone.

Latisem's picture

Submitted by Latisem on Mon, 09/30/2013 - 8:45am

My ex is behind $2,200 at $23 a WEEK ordered CS. Yes you read that right! He took his gf and her kid to Disney World but couldn't, can't, and doesn't pay $23 a week. My husbands SSID is $654 a month which he pays $389 in CS!
You can always send a copy of her CS papers to her job. She doesn't have to approve the money coming out, it's court ordered.