When is support considered late and how much interest?

[CMSC]

My ex has been late on his $50 a month payment for the only two months he has been ordered to pay. The first time it was 24 days late and I haven't received it this month and am certain it will be just as late, anyone know when it is officially considered late? My state says that interest is added on to late payments but I called CSE and they say it is up to the courts does this mean everytime he is late each month I have to petition the court for the interest??? That would be a $35 petition for probably a $2 late fee! They also said, "what are you worried about if he is late it makes your custody case look better" why in the hell would they care about my custody case, my point is that if we allow NCP's to constently be late for no reason other than they are lazy then why have a date set to pay support in the first place!

One more question, anybody know when someone has a new job how long the employer has to file a new hire report and what the consequences are if they don't file one?

Thanks!

GUess I take it for grantite that everyone knows my state it is Nebraska...ya know the really screwed up state!

 

[DailyDrama]

If you don't already have an IDO then you can request one. However, your court papers should say what is considered a late payment and the interest tagged onto it. If he wasn't paying before then you should have pressed for an IDO. Good luck.

 

[CMSC]

okay...what is an IDO (dumb question huh?) they told me before that he was late on his payment and that was it, no actions taken by CSE...why is it my responsibility if he sends them the late payment, isn't it theirs?

 

[kat1963]

Are you sure he's late? Cause I'll tell ya'. Just got a letter from c/s/e saying that DH was in arrears for the entire amount starting back in Feb. Ain't a chance in heck, cause I paid it out of my saving account (2 days after the court hearing, including the 2 months in back support they gave the troll, which wasn't due until 4/1...yeah, ain't nothing like NOT paying YOUR support for 7 years, but you sure as heck will TAKE it!!! Judge said sorry, she has nothing, no job, nothing for you to claim, she's indigent, lets give her custody so she can have an income...oh PLEASE..sorry, had to vent that.) and on time while it was waiting to go thru the payroll department at his job (took 3 pay period or 6 weeks). Basically I sent them copies of the cancelled checks and told them that if this is listed on his credit report because of their obvious error, I'd be seeing them in court and asking the juge to award damages of $50.00 per day. To bottom line, you have to get angry with these people both coming and going cause they can't find their hand in front of their faces.
KAT

 

[CMSC]

Just talked to ex to see if he sent it in and he says, "no I haven't been to the bank to get a money order"! He also said that they told him he had 30 days to pay before it was considered "late" I found nothing in the court order about that!

 

[Grandma B]

Your ex is correct. NE laws don't consider payments late until they are 30 days past due. They automatically add interest to arrearages. I'm stabbing here, but it seems like NE interest is in the area of 12%, and unlike some other states, the interest is payable to the CS recipient and not to the state.

 

[Lil Miss Smarty Panties]

abbreviations

A good point was brought up in this thread. Im fairly new to the site and I've had trouble with some of the abbreviations myself. Most I've figured out as their pretty obvious but I'm lost too on the IDO and still haven't figured out what a DH is. AOP was another one but I'm pretty sure thats affidavit of paternity. I know... may sound pretty blonde here but if we're new and have no idea what should we do?? LOL

 

[CMSC]

I think DH is divorced husband, atleast it makes sense in some posts to be that...I think that AOP should apply to my ex it means in his case A**hole Of a Parent!

Grandma B, how was your trip to Nebraska? So is being late 30 days considred arrearage? I always thought that if you were so far behind like $2000 then it was arrearage, I didn't know that any amount was arrearage, does that make sense? I always just thought it was late! I am so dumb when it comes to some things!!! What is a IDO???????

 

[haiku]

on most internet sites "D" stands for "dear" as in, dear husband DH, dear daughter DD, dear son DS, etc.....

You cannot call your own husband "divorced husband", because once he marries you he is no longer considered divorced! (unless you're trying to tell him something! LOL)

 

[CMSC]

well, sorry but if someone says my DH is having problems with his ex, I guess I assume it means he has been divorce therefore meaning he is a divorced husband...oh well, I make mistakes sometimes too!
I still haven't gotten an answer as to what IDO means...haiku do you know by chance?

 

[melissae]

Hey, ryry's mom, employers are supposed to send new hire reports to the state immediately upon hire. The company I was payroll manager for had a policy that no new employee was issued a check until all paperwork was filled out completely including all tax withholding, proof of eligibility, etc. It was my responsibility to make sure that all new hires had copies sent in to state the first week of employment. By law we had 30 days, but most companies do not want to face the penalty which includes (in my state) paying out of thier pocket any fees not collected that they have been summoned to withhold, so they get those things taken care of asap. If you know where your ex is working give his payroll officer a call and ask if the new hire sheet has been sent in, all they can do is tell you it's none of your business but at least it will make them aware that you know he is working there so if they don't want to get into trouble they will get it done quickly after you call.

And don't you just love those ncp's who know the time limits and push it right to the date. Like you can tell the kids, "sorry, you can't eat for another 29 days because someone doesn't want to send your support check until they have to!"

 

[lcollins]

This is just some info I found out about our CSE here in GA. They count the total month's support due at the first of the month. So, when ex is considered to be in arrears, it goes on and on, and they keep taking extra money out to pay it even when the arrearage amount has been paid, because the total month's support is due at the beginning of the month.
Generally, child support is considered in arrears if the payment is 30 days past due or more. In my divorce, I can petition the court to garnish more of his wages for the arrears when the total arrearage amount exceeds one month's support obligation. My ex is currently $973.54 behind (that's 4 months behind), and CSE just ordered him to pay an additional $12.00 a week until that is caught up. Only about 82 more weeks to go, if I actually got my total support amount - which I don't because it gets split between me and ex #1, and soon will be split with ex #3, so my case will be in arrears until my ex retires most likely! Sorry to hijack the post, just had to vent.

 

[haiku]

I am usually a font of useless trivia and information but this IDO thing has me stumped too! Ok Daily drama out with it! LOL

something to do with wage garnishment? maybe????

 

[lcollins]

Could it be Income Deduction Order???

 

[CMSC]

if it is Income Deduction Order then I already have one. It states in my support order that "respondent is subject to immediate income withholding", I called CSE on this the minute I got my first check and asked why it wasn't withheld from his pay according to the order and they said, "with his past work history and the job he holds now (he works in a motel selling calling cards or something like that) they may not want to garnish his wages because he may not be there long." I asked who "they" were and CSE said his employment...can employers go against a court order? I am so confused the more and more I think about this whole thing and it is all so trivial compared to some people problems. The response I get from CSE is well it hasn't been that long since the order was established you have to give things time. I GAVE HIM 3 YEARS TO PAY WITHOUT AN ORDER ISN'T THAT TIME ENOUGH??????

Okay I am venting. I am really annoyed about this IDO thing, why can't the peson who brought it up define it for me??? My county attorney doesn't know what it is and neither does anyone else!