How long do I wait?

[maryjo]

What is the name of your state? Florida

My ex has been GREAT about child support. He was giving me money months before there was even a court order for it. Since the court order he had it taken directly from his paycheck and there hasnt been a problem.

Until now.

He changed jobs. He told me about 2 weeks before he switched that he was doing it and I asked if he was going to get the child support set up like it had been, coming directly out of his paycheck. He said he had to sign a paper to get it started but he was going to do it.

Its now been a month (2 child support checks) since I have received a check. After the first one never showed I gave it a week before contacting him and he told me he was working on it. That "they" couldnt find his case number or something like that and he was going round and round with his new company AND with whoever the child support goes to before it comes to me. He said he had sent in a whole packet of papers and they were lost as well, he was waiting for someone from the help desk to call him back, yadda, yadda, yadda. It was a long story and frankly, while he has been known to lie...this was really involved for him to have just made it up. Besides, it sounds like something that would happen to him.

Anyway, I guess my question is, how long do I wait until I get really concerned and take action? I dont want to be a bitch about it. I figured that changing jobs would cause a delay in the child support and was prepared for that. He told me he was worried I would take him to court or have him arrested and said that would do no one any good. I told him so long as I knew he was working on getting it fixed that I wasnt mad and certainly would not take him to court yet. But this past week, when I text messaged him to inform him I had now not received two checks, he never responded.

How long should I give him to get this straightened out?

[jade0326]

i am really not sure about how long legally his has but i think that it is something like 6 months before they go after him, but again i am not sure. i do know that this takes time though even once he does get all of the paper work in it still might be like a month till you see any money.

[CourtClerk]

Originally Posted by jade0326

i am really not sure about how long legally his has but i think that it is something like 6 months before they go after him, but again i am not sure. i do know that this takes time though even once he does get all of the paper work in it still might be like a month till you see any money.

What legal experience do you have???? Go back to having your boyfriend throw away his kid.

[CourtClerk]

Originally Posted by maryjo

What is the name of your state? Florida

My ex has been GREAT about child support. He was giving me money months before there was even a court order for it. Since the court order he had it taken directly from his paycheck and there hasnt been a problem.

Until now.

He changed jobs. He told me about 2 weeks before he switched that he was doing it and I asked if he was going to get the child support set up like it had been, coming directly out of his paycheck. He said he had to sign a paper to get it started but he was going to do it.

Its now been a month (2 child support checks) since I have received a check. After the first one never showed I gave it a week before contacting him and he told me he was working on it. That "they" couldnt find his case number or something like that and he was going round and round with his new company AND with whoever the child support goes to before it comes to me. He said he had sent in a whole packet of papers and they were lost as well, he was waiting for someone from the help desk to call him back, yadda, yadda, yadda. It was a long story and frankly, while he has been known to lie...this was really involved for him to have just made it up. Besides, it sounds like something that would happen to him.

Anyway, I guess my question is, how long do I wait until I get really concerned and take action? I dont want to be a bitch about it. I figured that changing jobs would cause a delay in the child support and was prepared for that. He told me he was worried I would take him to court or have him arrested and said that would do no one any good. I told him so long as I knew he was working on getting it fixed that I wasnt mad and certainly would not take him to court yet. But this past week, when I text messaged him to inform him I had now not received two checks, he never responded.

How long should I give him to get this straightened out?

Because it will take some time to actually get a (new) wage assignment enforced with the new employer, I would go ahead and contact CSE and give them his new employment information (if you have it). Request that they send the paperwork straight to the HR or payroll department so they can get the ball rolling. Sure, he's been great at the CS issue, but perhaps he's just using the money as a cushion for a minute (it's been known to happen). Nevertheless, your kids still have to eat and you deserve to be reimbursed for the rest of your expenses. It may still be another couple of months before you see some money, so the longer you hold out on him, the worse it can be.

He probably doesn't realize that in a couple of months after the arrearages pile up, he may find himself in a world of trouble.

[jade0326]

What legal experience do you have???? Go back to having your boyfriend throw away his kid.

this is a site to give advice i was just trying to help her i suggest since you must know if you are responding to people in this manor that you should be able to give her the advice she is looking for. why don't you just help if you cant help dont respond. thank you!

[maryjo]

Court Clerk,

Thank you for your response. I dont know any of his information. Dont even know if his pay has changed. I am not even sure of the name of the company.

I DO know that he told me he doesnt want to be behind in his child support, he doesnt LIKE to be behind in his child support, but that he IS behind in everything else right now. So you might be right about him using the extra money as a cushion.

I dont even care about getting back pay or anything. I just want to make sure the checks start coming on time like they are supposed to because I could possibly get behind myself soon if they dont.

[CourtClerk]

Originally Posted by maryjo

Court Clerk,

Thank you for your response. I dont know any of his information. Dont even know if his pay has changed. I am not even sure of the name of the company.

I DO know that he told me he doesnt want to be behind in his child support, he doesnt LIKE to be behind in his child support, but that he IS behind in everything else right now. So you might be right about him using the extra money as a cushion.

I dont even care about getting back pay or anything. I just want to make sure the checks start coming on time like they are supposed to because I could possibly get behind myself soon if they dont.

Sounds like you guys have at least a cordial relationship (correct me if i'm wrong). Maybe in casual conversation you can get him to tell you what he's doing and where. Does he call you from work??? Can you use that nifty *69 feature on your phone? Maybe someone will answer with a company name. Caller ID? Or... you could have him followed if it means that much to you.

If none of that will work, I would still recommend that you contact CSE this coming week and indicate to them that he has changed jobs and you would like them to locate his employer (it will be easy for them to do so once he has reported income).

[CourtClerk]

Originally Posted by maryjo

I dont even care about getting back pay or anything.

You may not care about it, but you are owed it (for at least the one month he is already behind... and subsequent months. You WILL get it.

I just want to make sure the checks start coming on time like they are supposed to because I could possibly get behind myself soon if they dont.

This is why you need to become proactive instead of reactive. Like I said, it may take some time to locate him if you can't give them the info.

[SingleMom67]

This guy is a month behind on child support and you're already freaking out? Try two years of no child support. For some on this site, it's been even longer than that. While I realize you're children need to eat, what are you doing to support them in the interim. Are you working?

They reasons I ask are because I think you need to give the guy a bit of a break. If his pattern and history have been to pay his support obligation consistently without a problem for quite some time, then give him the benefit of the doubt to continue to do so. It sounds like he's doing what he can to resolve the situation at his work. I'm guessing he works for a large company since he has been in contact with a "help desk." These larger corporations are notorious for losing paperwork, and when they do have it, it can take quite awhile to get all of the paperwork set up. There are Federal laws for reporting new hires, so I would also imagine that your CSE office already knows where he's working. I'm not saying you can't be proactive by contacting your caseworker and informing him/her that he's changed jobs. But give it a little longer 2-4 more weeks before you start harrassing him with phone calls and text messages.

[SingleMom67]

Originally Posted by jade0326

this is a site to give advice .....

This is a site for LEGAL advice. If you don't have any and are not familiar with the LAWS, then you might want to try a chat group on another site.

[CourtClerk]

Originally Posted by SingleMom67

This guy is a month behind on child support and you're already freaking out? Try two years of no child support. For some on this site, it's been even longer than that. While I realize you're children need to eat, what are you doing to support them in the interim. Are you working?

Kick back a little bit ok? She's asking a question. And before you ask, I haven't received a dime in 11 1/2 years, but that has no bearing on the OP's situation. I think you need to get some help with your issues. Yes, she's working or bringing in some kind of income because she didn't say that her not having child support would leave her homeless or destitue, it would cause her to be "behind" a little. While I admit that maybe she should do a little better financial planning so that having or not having the support wouldn't be a problem, that's her cross to bear.

They reasons I ask are because I think you need to give the guy a bit of a break. If his pattern and history have been to pay his support obligation consistently without a problem for quite some time, then give him the benefit of the doubt to continue to do so. It sounds like he's doing what he can to resolve the situation at his work. I'm guessing he works for a large company since he has been in contact with a "help desk." These larger corporations are notorious for losing paperwork, and when they do have it, it can take quite awhile to get all of the paperwork set up. There are Federal laws for reporting new hires, so I would also imagine that your CSE office already knows where he's working. I'm not saying you can't be proactive by contacting your caseworker and informing him/her that he's changed jobs. But give it a little longer 2-4 more weeks before you start harrassing him with phone calls and text messages.

When she can give herself a break from supporting her kids, the NCP can have a break too. That's when the last child turns 18 (or whenever her support order terminates). Do you tell your mortgage company or landlord that sometimes you "just need a break?" If not, his support obligations should rank right up there.

[Gracie3787]

Originally Posted by maryjo

What is the name of your state? Florida

My ex has been GREAT about child support. He was giving me money months before there was even a court order for it. Since the court order he had it taken directly from his paycheck and there hasnt been a problem.

Until now.

He changed jobs. He told me about 2 weeks before he switched that he was doing it and I asked if he was going to get the child support set up like it had been, coming directly out of his paycheck. He said he had to sign a paper to get it started but he was going to do it.

Its now been a month (2 child support checks) since I have received a check. After the first one never showed I gave it a week before contacting him and he told me he was working on it. That "they" couldnt find his case number or something like that and he was going round and round with his new company AND with whoever the child support goes to before it comes to me. He said he had sent in a whole packet of papers and they were lost as well, he was waiting for someone from the help desk to call him back, yadda, yadda, yadda. It was a long story and frankly, while he has been known to lie...this was really involved for him to have just made it up. Besides, it sounds like something that would happen to him.

Anyway, I guess my question is, how long do I wait until I get really concerned and take action? I dont want to be a bitch about it. I figured that changing jobs would cause a delay in the child support and was prepared for that. He told me he was worried I would take him to court or have him arrested and said that would do no one any good. I told him so long as I knew he was working on getting it fixed that I wasnt mad and certainly would not take him to court yet. But this past week, when I text messaged him to inform him I had now not received two checks, he never responded.

How long should I give him to get this straightened out?

Usually when an IDO is sent to a new employer the employer is only required to garnish the normal amount beginning on such and such a date. (14 days from the date of the employer being served).

Unfortunately, there is nothing in the IDO and notice that the DOR sends that instructs an employer to withold amounts for before service of the IDO. So, your ex is legally responsible to pay for the missed payments, UNLESS he willingly asks his employer to do so, and the employer agrees.

You and your ex should contact your DOR caseworker to see if something can be worked out to make up those missed payments. It sounds like your ex doesn't want to go into arrears, so be sure to let him know and have him call the caseworker, or send the missed payments himself to the support disbursement unit.

[SingleMom67]

Originally Posted by CourtClerk

When she can give herself a break from supporting her kids, the NCP can have a break too. That's when the last child turns 18 (or whenever her support order terminates). Do you tell your mortgage company or landlord that sometimes you "just need a break?" If not, his support obligations should rank right up there.

You're speaking idealistically; not sound legal advice. The reality is that the court system will NOT do anything about enforcing a support order that's less than 30 days past due. So the rest is irrelevant.

[GrowUp!]

Originally Posted by jade0326

this is a site to give advice

Wrong.

i was just trying to help her i suggest since you must know if you are responding to people in this manor that you should be able to give her the advice she is looking for. why don't you just help if you cant help dont respond. thank you!

And you are not the administrators of this site, so do NOT ever tell people what to do on here. You're just another person on here who thinks because you ask a question for LEGAL advice that you think you can go spouting off and "advising" others. How wrong you are.

So, to paraphrase something you wrote: how about YOU just NOT respond on here.

[GrowUp!]

Originally Posted by maryjo

I DO know that he told me he doesnt want to be behind in his child support, he doesnt LIKE to be behind in his child support, but that he IS behind in everything else right now. So you might be right about him using the extra money as a cushion..

Well if that is truly the case, then he should be sending child support to the state's central collection/enforcement agency (or something like that). In your order, there *should* be language that states where payments can be made to (in cases where there is a change in jobs). Usually one can make a cash payment to the CSEA that has jurisdiction or to the state's main agency. Again, this specific language should be on your order.

As long as he's not paying, he will continue to be behind. Even if a new garnishment order is sent, it'll most likely be for the current amount he's been ordered to pay, which will mean what he's NOT paying now, will continue to show that he's in arrears.