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  1. #1
    arieus Guest

    how far behind can you get??

    What is the name of your state? NC
    We went to court last March. I didn't start receiving any support until Jan. of this year, when I called to fing out why they said they couldn't take him to court (in 2003) because the court dockets were full til the end of the year. Then they garnished his wages steadily until May when my support started getting very erratic. I was getting weekly checks like clockwork when all of a sudden, he starting missing 1 week here, 2 weeks there. I got 1 week of support in June, and so far for august, I have received $28 (out of the $424 he owes). Every time I have called, they tell me they can do nothing until he is 30 days behind. He is currently $4600 behind. This is killing me, because I waited to enroll my son in daycare until I started receiving regular checks because I really can't afford it on my own. Is there anything I can do? I spoke with an attorney and he said he thought he could get my support for me, but I needed to pay an $800 retainer to get him started...obviously if I can't afford daycare, I can't afford his retainer!
    NEED HELP QUICK!
    Is there any guideline for how many months behind or a dollar amount before they take corrective action?
  2. #2
    JETX is offline Senior Member
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    Who is the 'they' you keep referring to???
  3. #3
    arieus Guest
    child support enforcement
  4. #4
    arieus Guest
    anyone? any help would be appreciated.
  5. #5
    tigger2two Guest
    IM in NC and having the same problem with CSE in davidson county. They are morans up in raliegh. When i asked them a few days ago how far behind can he get and what they will do the case worker told me "it depends on the case worker that you have and what they feel the appropriate actions are." My ex husband was garnished for august, so he says (my ex), and i won't get that check until september 10-19. Child support said that if it was garnished this is when i would get it from them. So CSE has me getting my check a month and a half after my ex pays it. Then my ex volentarally didn't pay for July so that techn. puts me at 2 1/2 months out.

    I know how you feel. I can't get anywhere with those idiots. If i have any luck i will let you know how i did it !! LOL i call them everyday. they have to be sick and tired of hearing my MPI number by now. My attorney is working on this for me now. She has contacted the attorney for CSE for some answers but he has yet to call her back. So i will keep you posted on what she does to get them moving, and maybe that will help you also since all of NC goes through raliegh.
    Last edited by tigger2two; 08-20-2004 at 06:10 AM.
  6. #6
    valarie1979 Guest
    Since I pay on time and have kept the balance paid in full. They have let me go up to 6 months behind before they issue me a paper that reads I have 30 days to catch up on my past due amount or else they are going to suspend my license. I pay they are happy, ex hubby is happy. He dont care as long as he recevies it. But I feel for you hun I know its hard as a single parent. I wouldnt be able to do it without welfare and so I made the decision to leave the 2 kids with their father and keep their life they were used to living. Tough decision but best for my kids at the time. Since he is behind it shouldnt be long before steps are takin . I hope he gets his ass in gear and pays he is responsible for your child together. If your not on welfare and are doing this on your own, call support kids. You can research it under yahoo search engine. I see them on TV all the time. I dont know nothing about the site besides they are able to collect even when the state is no help, only if you are not recieving public assistance though from what the commercial says.The company is called ''SUPPORT KIDS''. Good luck hope you kick this guy in the wallet and get him to support his child!
  7. #7
    tigger2two Guest
    Valerie all i can say is if you got 6 months behind in support im suprised and frankly quiet aggrivated that the system allowed that and that you weren't behind bars. OMG if that is what i have to look forward to I'll just write that CS out of my mind right now. 6 months behind!! SHEESH!!

    According to CSE here in NC after a full 30 days the case worker makes the decision what action to take. But they assure me that some action will be taken and if that fails they take a harsher action up to the possibility of jail time. And the way I'm understanding it this would be done before the parent got more than 60 days past due. I'm coming up on the 60 day marks and so far they have only sent my ex a letter requesting him to pay. The next step is court bc my ex has failed to respond to that letter. Then they may add it to his arrears that he makes payments on monthly already or they may make him pay one lump sum. All depends on the judge at that point.
  8. #8
    stealth2 is offline Senior Member
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    Quote Originally Posted by valarie1979
    The company is called ''SUPPORT KIDS''. Good luck hope you kick this guy in the wallet and get him to support his child!
    I'm not even going to address the rest of this post. But OP - be very careful of getting involved with private support collectors. They charge 30+% of the amount you get - that includes if your ex voluntarily starts paying, the state gets the money for you, or the collectors do. Once you sign that contract, you are obligated to pay them.
  9. #9
    JETX is offline Senior Member
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    Quote Originally Posted by valarie1979
    The company is called ''SUPPORT KIDS''. Good luck hope you kick this guy in the wallet and get him to support his child!
    Do NOT sign away your Child Support rights to ANY private enforcement 'service'. First, most of them are scam fly-by-night outfits.
    Second, and most importantly, a child support obligation to a custodial parent cannot be discharged in bankruptcy. However, the minute you assign that enforcement order to a private firm, you lose that exemption.... and the non-paying parent can file for bankruptcy and the entire child support obligation can be discharged!!
  10. #10
    valarie1979 Guest
    I didnt know that, I just thought they hunted down the parent and kept the state on track of them and kept the state up to date I didnt know that it was signing over your rights to them, I would agree then.

    My state lets me get away with this because I am not behind in rears. And I always pay all that back when I do get behind once in a rare while so my case worker pretty much lets me be. I have yet had any court action takin against me. And plus, the state of New Mexico isnt the holder of the child support since I have lived here 4 years California turned it over to them incase it needed to be inforced since California cant do much when the obligator is out of state so to keep the cases from piling up in California and case loads on case workers, the transfer it to the state the obligator is living in to keep the law up with them.
    Like I said I pay on time I got 6 months behind my case worker wrote a letter stating they will take my drivers lic away if I didnt pay, I paid havent heard a thing from them and my lic is still in good standing. I have only done it once.

    Valarie
  11. #11
    valarie1979 Guest
    I didnt know that, I just thought they hunted down the parent and kept the state on track of them and kept the state up to date I didnt know that it was signing over your rights to them, I would agree then.

    I get to go that long because I only did it once and my case worker is pretty flexable when it comes to those who pay without problems they know where I am at, been here 4 years. And plus to my husband this is just extra money he is well sufficient on his own and doesnt need to nag them. So if he doesnt nag, they dont nag until you are far behind or just not paying period. That is why I was able to get away with it . I did however make a huge payment to make up for the 6 months, so my ex was happy it was a shopping spree for him.He doesnt need my support he just got it for things that the kids needs extra and so on.
    Valarie
  12. #12
    Tinaa is offline Member
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    My ex was 20,000 behind before we ever got to court for contempt charges. Don't hold your breath!
  13. #13
    Grace_Adler is offline Senior Member
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    You guys are living in the wrong county then. Closer to the coast, they don't send out delinquency letters to the NCP even though they are supposed to. They technically can go after you if you are 30 days or equal to one month's support behind. From what I've seen, they usually pursue court action around 60 days and have a court date by the 3rd month that you're behind. Over here, they issue the summons, once you're served and go before the judge, they don't care why you're behind, you could have been on your death bed, they don't care, they just send you to jail for 30 days and often take your license. *That is if they don't have the money. Otherwise, they can purge themselves by paying what is owed or if CSE is willing, they might be able to swing a payment plan. They don't waste any time over here. I think it just depends on where you live as to how it affects your case.

    Also, how fast it goes to court also depends on how fast they can get them served. If they don't get them served, then it will go on for a while.

    But yeah, they are so overloaded with cases and problems, it takes a long time I believe unless you stay on them about it and push them.

    I don't know how fast they send your support. It all depends on when the employer got the notice to withhold, then they have like 14 days or 10 days or something to withhold and send it in, it also depends on how often the person gets paid, if they missed any work, etc.
    Last edited by Grace_Adler; 08-21-2004 at 01:31 PM.
  14. #14
    LdiJ is offline Senior Member
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    Quote Originally Posted by JETX
    Do NOT sign away your Child Support rights to ANY private enforcement 'service'. First, most of them are scam fly-by-night outfits.
    Second, and most importantly, a child support obligation to a custodial parent cannot be discharged in bankruptcy. However, the minute you assign that enforcement order to a private firm, you lose that exemption.... and the non-paying parent can file for bankruptcy and the entire child support obligation can be discharged!!
    Are you sure about that? Where did you get that information? Can you link me there? I am an accountant and I would REALLY like to confirm that one way or another.
  15. #15
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    JETX is an attorney so I'm pretty confident you can believe it.

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