IAAL, need help - you around?

[VeronicaGia]

What is the name of your state? CA

DH was paying support out of his pocket for over 2 years since he was laid off permanently from his job in 2002. He was contacted by employer enforcement and gave them the info for his new job.

His employer got a court order that did not include the monthly amount for the arrears. He called employer enforcement back to tell them this (shame on him for being honest, I guess), and his arrear payments were doubled without benefit of a hearing or any notice and without CSE asking about his income.

1. Since his 3 year modification is coming up, can he claim that it's already been modified since technically it has?

2. Should he contact them again and tell them it is the incorrect amount?

3. Should he move to quash this new order?

Any other help would be truly appreciated!

 

[VeronicaGia]

bump (didn't want it getting lost, only 10 days to take care of this!)

 

[VeronicaGia]

Just bumping again!

 

[Gracie3787]

Just bumping again!

IAAL just posted a reply to another thread 15 minutes ago, so I'm helping bump so maybe he'll give you some help.
Gracie

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

DH was paying support out of his pocket for over 2 years since he was laid off permanently from his job in 2002. He was contacted by employer enforcement and gave them the info for his new job.

His employer got a court order that did not include the monthly amount for the arrears. He called employer enforcement back to tell them this (shame on him for being honest, I guess), and his arrear payments were doubled without benefit of a hearing or any notice and without CSE asking about his income.

1. Since his 3 year modification is coming up, can he claim that it's already been modified since technically it has?

2. Should he contact them again and tell them it is the incorrect amount?

3. Should he move to quash this new order?

Any other help would be truly appreciated!

My response:

No. Child support enforcement has jurisdiction over his arrearage, and interest at the rate of 10%, and the amount he pays. They don't want him "on the books" any longer than necessary, and can take any amount they deem necessary to eliminate his debt (and that's what it is) in the least amount of time. He's not entitled to a hearing on this matter.

He can call them all he wants. It's not going to change a thing.

IAAL

 

[VeronicaGia]

My response:

No. Child support enforcement has jurisdiction over his arrearage, and interest at the rate of 10%, and the amount he pays. They don't want him "on the books" any longer than necessary, and can take any amount they deem necessary to eliminate his debt (and that's what it is) in the least amount of time. He's not entitled to a hearing on this matter.

He can call them all he wants. It's not going to change a thing.

IAAL

Thanks (I think LOL). I didn't realize it could be modified without benefit of a court hearing or without knowing his income. That's what he gets for being honest and letting them know that when they sent the order to the new employer, they didn't put the arrears amount on it. Live and learn.