Child Support Questions

[Teddybee2015]

What is the name of your state (CA)?

Hello everybody,

My name is Michael,

I currently have an active court order for child support as well as a wage order assigned to my primary employer. I had a couple of questions I wanted clarification on.

For starters, I am currently only 75.15 in arrears with a current amount of 580 a due every month in child support. The caseworker amended the wage order when arrears came in to effect taking more then what the court order stipulated. I understand that much. Now my question is that I just emailed my caseworker scanned copies of my receipts totaling almost $160 so that would offset my arrears in full plus put me ahead $84.85. Up until at least the 1st then the $580 would get added. But after the arrears are caught up and paid off, the case worker can and should create another amended wage order informing my employer to only with hold the original $580 a month right???

In addition, if I do happen to make last minute purchases or make direct payments to the custodial parent, I can still have those payments credited to my account.

 

[Teddybee2015]

Ldij you would be correct with regards to me living in California.

CA normally means California. What makes you think it means Canada?

 

[I'mTheFather]

How long have you had the wage order and arrears?

As for the direct payments and purchases made for the child, those may be considered gifts. Don't make direct payments of child support to the custodial parent when you have a wage order.

 

[Teddybee2015]

I'mTheFather,

The wage order has been in effect since June 2014. The arreas were only due to the fact that the judge entered the default judgement on June 29th, 2014 but it was retro active effective June 1st, so that set me back a month, then it took 30 days for CA Department of Child Support Services to send my employer the wage withholding order so that set me back another month. So I was 2 months backdated with interest.

Now my last payment of 323.07 should post this Wednesday and then Ill only be the $75.15 in arrears. Which hopefully the receipts will be good enough to credit my account because I would like a new amended order to be sent out by my case worker ASAP.

How long have you had the wage order and arrears?

As for the direct payments and purchases made for the child, those may be considered gifts. Don't make direct payments of child support to the custodial parent when you have a wage order.

 

[I'mTheFather]

I'm not understanding your math.

You were 2 months behind. That's $1160 + interest. You mentioned $323 that is apparently for the arrears. You will pay the third installment tomorrow, totaling $969. The difference is $191 + interest. What is the interest owed? And what receipts do you think will offset your child support?

 

[stealth2]

I'mTheFather,

The wage order has been in effect since June 2014. The arreas were only due to the fact that the judge entered the default judgement on June 29th, 2014 but it was retro active effective June 1st, so that set me back a month, then it took 30 days for CA Department of Child Support Services to send my employer the wage withholding order so that set me back another month. So I was 2 months backdated with interest.

Now my last payment of 323.07 should post this Wednesday and then Ill only be the $75.15 in arrears. Which hopefully the receipts will be good enough to credit my account because I would like a new amended order to be sent out by my case worker ASAP.

Your receipts are meaningless. Buying stuff for your daughter is not equivalent to paying ordered support. That's an extra that many parents do.

Perhaps you don't understand the nature of child support - it is considered partial reimbursement of money the custodial parent has spent on the child, not giving money for future expenses.

 

[I'mTheFather]

This thread has some similarities to another recent thread in which the OP didn't understand much at all about child support and arrears.

So similar that I'll amend my response.

If the $323 is your biweekly payment of support and arrears, then you are a long way from paying off those arrears. If you're only paying $85-$100/month toward arrears of $1160+interest, it will take a year or more, likely more. You won't be getting a new wage order any time soon, David. (Google is my friend.)

 

[TheGeekess]

CA normally means California. What makes you think it means Canada?

KD is a spammer across the boards.

 

[Teddybee2015]

Stealth2,

My receipts are not meaningless because I have made direct payments to the mother in different amounts, which I have gotten credited to my child support account by my case worker.

Perhaps you don't understand that every case is different and that not all people or fathers are stupid. Also, the only reason I am even paying child support is because I chose to end what was never gonna be a happy family in addition to the custodial parent being persuaded by her new lover to seek child support because I have supported my kids since birth.

The custodial parent has never had full time employment let alone a part time one. She has been on TANF, SNAP, & applied for disability for my daughter which she was designated as payee for my daughter. So the money that I pay back is partly for what the state pays her because she refuses to get off of rear behind along with also supporting my kids.

Your receipts are meaningless. Buying stuff for your daughter is not equivalent to paying ordered support. That's an extra that many parents do.

Perhaps you don't understand the nature of child support - it is considered partial reimbursement of money the custodial parent has spent on the child, not giving money for future expenses.

 

[Teddybee2015]

I'mTheFather,

To clarify,

My case worker sent out an amended wage order to increase my wage with holding to include part of the arrears with it. Meaning they were taking $323.07 every bi weekly paycheck in till the arrears were paid off along with the monthly support. Now I am only $75.15 in arrears. Which I paid off today. Now im only being charged my $580 a month per the court order.

This thread has some similarities to another recent thread in which the OP didn't understand much at all about child support and arrears.

So similar that I'll amend my response.

If the $323 is your biweekly payment of support and arrears, then you are a long way from paying off those arrears. If you're only paying $85-$100/month toward arrears of $1160+interest, it will take a year or more, likely more. You won't be getting a new wage order any time soon, David. (Google is my friend.)

 

[stealth2]

Stealth2,

My receipts are not meaningless because I have made direct payments to the mother in different amounts, which I have gotten credited to my child support account by my case worker.

Perhaps you don't understand that every case is different and that not all people or fathers are stupid. Also, the only reason I am even paying child support is because I chose to end what was never gonna be a happy family in addition to the custodial parent being persuaded by her new lover to seek child support because I have supported my kids since birth.

The custodial parent has never had full time employment let alone a part time one. She has been on TANF, SNAP, & applied for disability for my daughter which she was designated as payee for my daughter. So the money that I pay back is partly for what the state pays her because she refuses to get off of rear behind along with also supporting my kids.

Alrighty then. Feel free to pay a lawyer to answer your questions, since you obviusly know more than anyone here. Make it a great day.

 

[Teddybee2015]

Stealth2,

Its clear that you are the one that thinks you are smarter then everyone else, yes all though you have not physically said it, your sure have implied it. I never have once said or implied that I know more then anybody on this forum. Hence that is the reason I am on here seeking advice. Everything that I have posted and replied to have either been things that I have experienced or things that have happened.

So with your reply as to my receipts being meaningless I respectively disagree due to the fact that a CA Department of Child Support Services Case Worker has taken the receipts I have provided her along with a copy of my debit card and bank statement that matches everything the receipts stipulate and have credited my child support account almost all of the arrears. In addition to having my monthly child support payment being with held from my paycheck by way of a wage with holding order.

Alrighty then. Feel free to pay a lawyer to answer your questions, since you obviusly know more than anyone here. Make it a great day.

 

[CSO286]

So, I'll address a few issues from the beginning.

1. Most child support orders begin in arrears. This is because CSED usually requests the order to be made effective in the month of the hearing or the month they send the default order to the judiciary for signature. This can sometimes take some time to obtain a signed copy of the order. Once that happens, it can also take some time to get the signed order into the system and generate a wage order.

2. Even once a wage order is in effect, an employer still has up to 30 days to get withholding in place. This means it could be up to 2--or in some cases, even three--months to get payments flowing on the case. I'm not even going to go into the differences in collections that can occur in 2/3 (or 4/5) paycheck months.

3. Arrears are collected differently than regular child support. They are collected by tacking an extra 20% (up to the max allowed by the Consumer Credit Protection Act) onto the current support amount.

4. Even with that in place, it can take up to a year or more to get caught up on your support obligation.

5. Direct payments should NEVER be made to the CP once CSED is involved. In the majority of states, CSED will simply not count them, calling them "gifts." In the states that do count them, they will often only permit one or two of these payments in the life of a case.

Now, we get to number 6. The people who are here answering your questions are volunteers. They are giving of their time and research freely to HELP you. They don't have to answer your questions FOR FREE. Sometimes they get a little snarky, sometimes they disagree among themselves, sometimes they tease each other and have fun. That's all part of the services at FreeAdvice. If you don't like it, you are welcome to pay an attorney to review your information. But since you are looking for free help, you really don't get to dictate the terms under which that help is offered.

So, if you have any additional questions, keep the above in mind and I'd be happy to try and answer them.

(In case you didn't notice my username, take note, and realize that when it comes to child support I *KNOW* what I'm talking about.)

 

[Teddybee2015]

CSO286,

1. You are correct with everything you addressed in this number. But it only took 30 days from court order to wage order to my employer starting the with holding per the wage order, so it might be getting quicker now a days. But I'm sure its on a case by base basis as well.

2. I just finally got a copy of the wage with holding in the mail today after having to physically request it from my corporate payroll department. According to my understanding its $323.07 every bi-weekly paycheck which breaks down to $161.54 per week, not to exceed $700.00 a month. I don't think they take the full $700.00 though due to it being more then the maximum allowed. But the wage with holding I got today is an amended one that includes the extra $140.00 a month to help assist with the arrears.

3. Due to direct payments that were creditied by case worker following the documentation I have provided her have almost caught me up with arrears minus the $75.15 I left to pay. Which I am proud to say because my issue is not with paying child support its how the Custodial parent can not be required to get up and get a job and help support our kids as well.

4. I understand I am on here for advice and if I don't like it then I can easily seek a lawyer. But as you said your self sometimes we disagree or people get snarky and sometimes down right rude. But for the most park I am thankful.

So, I'll address a few issues from the beginning.

1. Most child support orders begin in arrears. This is because CSED usually requests the order to be made effective in the month of the hearing or the month they send the default order to the judiciary for signature. This can sometimes take some time to obtain a signed copy of the order. Once that happens, it can also take some time to get the signed order into the system and generate a wage order.

2. Even once a wage order is in effect, an employer still has up to 30 days to get withholding in place. This means it could be up to 2--or in some cases, even three--months to get payments flowing on the case. I'm not even going to go into the differences in collections that can occur in 2/3 (or 4/5) paycheck months.

3. Arrears are collected differently than regular child support. They are collected by tacking an extra 20% (up to the max allowed by the Consumer Credit Protection Act) onto the current support amount.

4. Even with that in place, it can take up to a year or more to get caught up on your support obligation.

5. Direct payments should NEVER be made to the CP once CSED is involved. In the majority of states, CSED will simply not count them, calling them "gifts." In the states that do count them, they will often only permit one or two of these payments in the life of a case.

Now, we get to number 6. The people who are here answering your questions are volunteers. They are giving of their time and research freely to HELP you. They don't have to answer your questions FOR FREE. Sometimes they get a little snarky, sometimes they disagree among themselves, sometimes they tease each other and have fun. That's all part of the services at FreeAdvice. If you don't like it, you are welcome to pay an attorney to review your information. But since you are looking for free help, you really don't get to dictate the terms under which that help is offered.

So, if you have any additional questions, keep the above in mind and I'd be happy to try and answer them.

(In case you didn't notice my username, take note, and realize that when it comes to child support I *KNOW* what I'm talking about.)

 

[single317dad]

3. Due to direct payments that were creditied by case worker following the documentation I have provided her have almost caught me up with arrears minus the $75.15 I left to pay. Which I am proud to say because my issue is not with paying child support its how the Custodial parent can not be required to get up and get a job and help support our kids as well.

She can't be required to get a job in much the same way that you cannot be required to get a job. You can be required to pay support, but if you can do that somehow without getting a job, then more power to you.

She is being held responsible for her portion of the children's support. Child support ordered is one parent paying the other the offsetting share of expected expenses for the children. If you're paying $700/mo in support, that doesn't mean it costs $700/mo to support your children. It's more like $1000, $1400, or most likely more. The custodial parent nearly always gets the short end of the stick in support calculations.

If she's not working, your ex should have been imputed a wage at either minimum wage, or at a wage she's proven in the past she can consistently earn for the purposes of calculation. If that didn't happen, you made a mistake in the process, and you should file for a proper modification at the earliest interval the law allows.