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2 different c/s problems

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Sparky E

Junior Member
What is the name of your state? SC


My husband has 2 children, by 2 different ladies.

1. The first child he gave up parental rights to, a few years ago, and is still being charged c/s, do we need to get an attorney to stop this, or can it be stopped? The mother said as long as he signed the papers, she would get it taken care of and hasn't. :rolleyes:


2. He was working with a company that was taking c/s out of his check, some things came up and he left this job. A year later he went back and they didn't take c/s out. He didn't realize this until about 6 months later. When he did realize this, he asked them to take it out again, they told him they needed NC (where the c/s is being drawn) to send them the papers. He could never get the court to send them, nor the company to take it out of his check. To my understanding, the company was suppose to still have the information, and was their responsibility to take this money out of his check. He was never able to get this straightend out for about a year. Now he owes for that year, isn't it a state law the company has to pay back c/s? :confused:
 
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brisgirl825

Senior Member
Sparky E said:
What is the name of your state? SC


My husband has 2 children, by 2 different ladies.

1. The first child he gave up parental rights to, a few years ago, and is still being charged c/s, do we need to get an attorney to stop this, or can it be stopped? The mother said as long as he signed the papers, she would get it taken care of and hasn't. :rolleyes:


2. He was working with a company that was taking c/s out of his check, some things came up and he left this job. A year later he went back and they didn't take c/s out. He didn't realize this until about 6 months later. When he did realize this, he asked them to take it out again, they told him they needed NC (where the c/s is being drawn) to send them the papers. He could never get the court to send them, nor the company to take it out of his check. To my understanding, the company was suppose to still have the information, and was their responsibility to take this money out of his check. He was never able to get this straightend out for about a year. Now he owes for that year, isn't it a state law the company has to pay back c/s? :confused:
His employer needs a income withholding order to take it out of his income. They can't just start garnishing people's wages without a court order. And until there's a court order giving his employer permission to take it out of his paycheck, he's still supposed to pay cs. There should be some third party that the cs gets sent to before it goes to his ex. Usually it's the local child support enforement agency, or court trustee and that's where he needs to send his payments to.

Sarah
 

abstract99

Senior Member
You husband can get an income withholding order himself and give it to his employer. If he signed over his rights on the other one then he should not be paying support unless he agreed to still provide the financial aspect of it.
 

stealth2

Under the Radar Member
Sparky E said:
1. The first child he gave up parental rights to, a few years ago, and is still being charged c/s, do we need to get an attorney to stop this, or can it be stopped? The mother said as long as he signed the papers, she would get it taken care of and hasn't. :rolleyes:
A: Depends. Is the CS current support, arrears or paying the state back for aid Mom received on behalf of the child? If the former - is he certain that the TPR went through the courts? If arrears, he still owes it unless Mom forgave it through the courts. If state aid related - he owes it.


Sparky E said:
2. He was working with a company that was taking c/s out of his check, some things came up and he left this job. A year later he went back and they didn't take c/s out. He didn't realize this until about 6 months later. When he did realize this, he asked them to take it out again, they told him they needed NC (where the c/s is being drawn) to send them the papers. He could never get the court to send them, nor the company to take it out of his check. To my understanding, the company was suppose to still have the information, and was their responsibility to take this money out of his check. He was never able to get this straightend out for about a year. Now he owes for that year, isn't it a state law the company has to pay back c/s? :confused:
A: Nope. It is DAD's responsibility to make sure CS is paid. The company told him what they needed from him in order to restart the garnishment, and he didn't bother - it's his problem to repay. With interest.
 

Kansas4me

Member
No the company isn't responsible for paying the child support. Dad should ahve been looking at his check and unless he is unable to read, could see that child support isnt' coming out. DUH.

The company I work for will take it out if you ask, without court papers. You just have to sign a form saying you authorize us to take $X out of your check and send it to XXXXX, we have one guy who was off work for about 4 months. He now has them take an additional $75.00 a week out to catch him back up, this is done completely seperate from his weekly CS check so that they know he is paying back support.
 

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