Cse

[Subandera]

What is the name of your state? Florida
Long story but the courts siad I owed back support from day of separation to day divorce was final in an amount of over $10 000 and then stated that legally I am behand becasue I wasn't paying that much from day of separation (when therw was absolutely no orders re support and in fact, I thought I was going to get my kids). The judge stated I was to pay $100/month towards that "back" support. Now Child support enorcement took all of a $1000 payment I got except for $6. This payment was in lieu of a percentage cost of living increase by my employer. When I questioned why they took it CSE said it didn't matter that they judge said $100 a month, they could take what they wanted to cover "arrearages"... any comments? Are ther eany laws, etc I can use to fight this? I talked with my ex, told him I needed that to live on, asked for HIM to give it back... he said "we'll see" That was 3 months ago and not another word from him....

 

[Gracie3787]

What is the name of your state? Florida
Long story but the courts siad I owed back support from day of separation to day divorce was final in an amount of over $10 000 and then stated that legally I am behand becasue I wasn't paying that much from day of separation (when therw was absolutely no orders re support and in fact, I thought I was going to get my kids). The judge stated I was to pay $100/month towards that "back" support. Now Child support enorcement took all of a $1000 payment I got except for $6. This payment was in lieu of a percentage cost of living increase by my employer. When I questioned why they took it CSE said it didn't matter that they judge said $100 a month, they could take what they wanted to cover "arrearages"... any comments? Are ther eany laws, etc I can use to fight this? I talked with my ex, told him I needed that to live on, asked for HIM to give it back... he said "we'll see" That was 3 months ago and not another word from him....

There really isn't much that you can do about it. Do you have a copy of the Income Deduction Order? Read it, and it probably states that CSE can take ALL or any part of BONUSES your employer pays to you. Unfortunately for you the extra money was legally considered to be a bonus, even though it was given in lieu of a raise. Sorry.

 

[Subandera]

Judge's order

Gracie,

But the JUDGE'S ORDER was for $100 extra per month, no more no less. SO CSE can over ride a judge's legal order? IF so then the whole system is screwed up. I am all for taking care of my children, but right is right and wrong is wrong, and I somehow have to survive too...

 

[Phnx02]

While this doesn't sound legal, and you should check into it further, if you had helped support your kids from day 1, you wouldn't be in this mess!

 

[Subandera]

Assumptions

How is it that if someone is "behind" in support, it is automatically ASSUMED " if you had helped support your kids from day 1, you wouldn't be in this mess!" as the previous writer wrote? I HAVE supported my children from day one of the separation from my spouse (and I was the ONLY income in our householed when we were married) - to the tune of $1400 per month for 3 children. Perhaps accusations should not bemade until ALL the fact are known.

I know that comment probably will get me banned from this site, but thats ok. But people need to realize that a parent that is "behind" in payments is not always a dead beat parent. I was tempted to explain the situation but I guess some will always consider someone "behind" ans not caring for their children so I will leave it be

 

[LdiJ]

How is it that if someone is "behind" in support, it is automatically ASSUMED " if you had helped support your kids from day 1, you wouldn't be in this mess!" as the previous writer wrote? I HAVE supported my children from day one of the separation from my spouse (and I was the ONLY income in our householed when we were married) - to the tune of $1400 per month for 3 children. Perhaps accusations should not bemade until ALL the fact are known.

I know that comment probably will get me banned from this site, but thats ok. But people need to realize that a parent that is "behind" in payments is not always a dead beat parent. I was tempted to explain the situation but I guess some will always consider someone "behind" ans not caring for their children so I will leave it be

If you were supporting your children during the separation why weren't you able to prove that to the judge...and therefore able to avoid the arrearages?

 

[Subandera]

.

I gave the judge copies of checks, reciepts, etc etc but in the world of rural Florida where one is a life long resident (or should I say "home boy"?)(and a politician to boot) and the other individual is a no body and certainly not originally from the area... guess who endured? Even IF I was deadbeat ... $10000 for 8 months? I am not sure why I asked a simple question in the beginning and now I feel like I have to be on the defensive ...

 

[Gracie3787]

I gave the judge copies of checks, reciepts, etc etc but in the world of rural Florida where one is a life long resident (or should I say "home boy"?)(and a politician to boot) and the other individual is a no body and certainly not originally from the area... guess who endured? Even IF I was deadbeat ... $10000 for 8 months? I am not sure why I asked a simple question in the beginning and now I feel like I have to be on the defensive ...

Something is definetly not right here, and for me the red flags are your statements about rural Florida, life long resident, etc. I may have some suggestions, but first I have some questions:

1. Am I correct in my understanding that it was 8 months from the date of seperation to the date of final judgement?

2. During those 8 months you paid $1,400.00 per month?

If that is correct then your on-going support obligation is $2,650.00 per month, they charged you that amount back to date of seperation, which is the only way that there would be $10,000.00 still owed for that period.

That ten thou. IS NOT arrears, it is RETROACTIVE SUPPORT and since the Judge ordered $100.00 extra per month you may be able to do something.
You need to read your order carefully- is the wording used ARREARS or does it say RETROACTIVE SUPPORT?

What county was this order in and, if you don't mind saying, who was the Judge that heard the case? If you don't want to post the answers you can Private Message me.
Gracie

 

[Subandera]

.

the correct numbers are

$10000+ in ARREARS
$1344 standard, basic support per month
plus
$100 per month towards the arrears

Since there was NO order regarding support during those 8 months I paid what my attorney said would be customary. (and I had to borrow money to do that since my now ex was cleaning out our joint account before I could get to it) The judge didn't even deduct what I had paid or consider that my ex remvoved 2 of my paychecks (that were direct deposited - takes take to get that changed)
And Gracie I would prefer to pm you with those answers....

 

[Venus05]

Question????

I want to know how in the hell this man who never worked to help support his family end up with having custody of your 3 children? and if he was cleaning out your joint account and having all this money yanked from your paycheck, how are you managing for yourself?

 

[Subandera]

ties

Politics #1. He was politician with many ties. He physically threw me out 4 weeks after I had stroke. I had previously been held almost like a prisoner in my own home only allowed to go to work. All my family was dead and I had no friends cause i was not allowed much contact with any one. When he threw me out I was on the street for a bit... Thus the judge said I had "unstable home life" (He and several of the other judges her were friends with my husband) so becasue I was recovering from a stroke and cause I was on the street (judge wouldn't hear that my husband put me there) I was found too unfit to have my children but not too unfit to work and support them while he still just Sits

 

[Gracie3787]

What is the name of your state? Florida
Long story but the courts siad I owed back support from day of separation to day divorce was final in an amount of over $10 000 and then stated that legally I am behand becasue I wasn't paying that much from day of separation (when therw was absolutely no orders re support and in fact, I thought I was going to get my kids). The judge stated I was to pay $100/month towards that "back" support. Now Child support enorcement took all of a $1000 payment I got except for $6. This payment was in lieu of a percentage cost of living increase by my employer. When I questioned why they took it CSE said it didn't matter that they judge said $100 a month, they could take what they wanted to cover "arrearages"... any comments? Are ther eany laws, etc I can use to fight this? I talked with my ex, told him I needed that to live on, asked for HIM to give it back... he said "we'll see" That was 3 months ago and not another word from him....

I have tried to find some laws about being credited with payments made before the order, but the only one I found applies only to interstate cases, so it doesn't do you any good. Sorry.

The only thing that I can suggest is for you to take your proof of payments made before the order was issued to CSE, and ask them to credit your retroactive/arrears with that amount. Does your ex admit that you made those payments? If he does it would help to have a letter from him admitting to those payments recieved. It is a long shot, but at least you won't be any worse off, and who knows it just might work.

There really isn't much you can do about them taking your bonus, except to speak to your employer about it. An IDO basically instructs an employer to withold X $ for on-going support, X $ for arrears/retroactive support, and also instructs employers to also withhold bonuses. CSE is not aware of bonuses, so any time they are witheld it is because the employer made the decision. Not all employers do withold bonuses, which is perfectly legal if there is already a deduction made for arrears/retroactive. You can try taking your court order to your employer, explaining your situation and ask them to not withhold bonuses that are in lieu of raises. It will depend on how your employer views the IDO.

Sorry, I don't have any other suggestions.
Gracie