Payments

[OrangeButterCat]

What is the name of your state (only U.S. law)? Colorado
I have been signed up to receive child support since 2002 and it has never been consistent. As of lately I have been contacting my case worker on the first of the month every time the payment does not come the month before. She always seems to be a bit annoyed with me, the last time she let me know that he does contracted work and does not always have jobs but since he does have a "job" basically, there is nothing they can do to get him to pay and when I get the money is when I get it. I am pretty sure the state he is living in is Montana now.

SO my question is...How much back pay money can accumulate and/or how often does he have to pay before they take serious action?

Also, I really have no idea how child support works. So, I am wondering since he got married a few years back (after the court order and after I signed up for CS), does child support put into account that he has financial stability with his wife when considering how much to take out of his check?

Thanks

 

[Silverplum]

What is the name of your state (only U.S. law)? Colorado
I have been signed up to receive child support since 2002 and it has never been consistent. As of lately I have been contacting my case worker on the first of the month every time the payment does not come the month before. She always seems to be a bit annoyed with me, the last time she let me know that he does contracted work and does not always have jobs but since he does have a "job" basically, there is nothing they can do to get him to pay and when I get the money is when I get it.

SO my question is...How much money can accumulate and/or how often does he have to pay before they take action?

Also, I really have know idea how child support works. So, I am wondering since he got married a few years back, does child support put into account that he has financial stability with his wife when considering how much to take out of his check?

Thanks

https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:home.jsp

https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:enforcementremedies.jsp

http://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Domestic

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=79

 

[Zigner]

I would also suggest that you avoid annoying the very people who are in a position to help you collect.

 

[CSO286]

What is the name of your state (only U.S. law)? Colorado
I have been signed up to receive child support since 2002 and it has never been consistent. As of lately I have been contacting my case worker on the first of the month every time the payment does not come the month before. She always seems to be a bit annoyed with me, the last time she let me know that he does contracted work and does not always have jobs but since he does have a "job" basically, there is nothing they can do to get him to pay and when I get the money is when I get it.

Ok, she knows when you don't get a payment in the last month (IIRC, MN bought our CS software from CO, so they're quite similar). She gets a message in her system.

If he's a contract worker, then it's going to be hard for CSED to enforce your order because as soon as they find him and get income witholding served on the employer, he may have already moved on to the next job. If they are lucky, they might be able to get a few payments if he is at each job for a few months.....

Self employed/works for family/contract type workers can be some of the hardest cases to collect on, just by their very nature.

SO my question is...How much money can accumulate and/or how often does he have to pay before they take action?

It depends. Cases are evaluated on their own merits--what is the obligation, how much has been paid toward it, how long since the last payment, what other enforcement remedies have been tried?

You also, retain the right to take action on your own. You can file contempt on a monthly basis each time he doesn't pay. you can do this with or without an attorney.

CSED often has a policy that says X number of missed payments and $XXX.xx balance owed before they can begin contempt proceedings. In addition, sometimes other enforcement remedies have to be used before contempt can be attempted. These are policy type decisions that you would need to ask your case worker about.

Also, I really have know idea how child support works.

Then get yourself educated about it. I taught myself the ins and outs of CS as it related to my case long before I began working in child support.

This is a legal matter that you are a party to, so learn as much as you can about it.

Start by reading here: https://childsupport.state.co.us/siteuser/do/vfs/Frag?file=/cm:home.jsp

So, I am wondering since he got married a few years back, does child support put into account that he has financial stability with his wife when considering how much to take out of his check?

No, his wife's income is not used in calculating his support obligation, nor can it be used as a reason he should be paying on a regular basis. Sorry. She cannot be held responsible for his child support. (Except in very, very, very rare cases. Yours isn't one of them.)

Thanks

You're welcome.

 

[Silverplum]

You're welcome.

Manners make the world go 'round.

 

[OrangeButterCat]

I would also suggest that you avoid annoying the very people who are in a position to help you collect.

As I said, I really am unsure of how child support works. To my knowledge case workers have many cases to deal with. I just feel I am doing my part by reminding her, I once again have not received my payment.

 

[CSO286]

Manners make the world go 'round.

Ive got a friend who always said the "say it nicely"......She had a gift for telling people to "go to he11" in such a way that they looked forward to the trip.

 

[Silverplum]

As I said, I really am unsure of how child support works. To my knowledge case workers have many cases to deal with. I just feel I am doing my part by reminding her, I once again have not received my payment.

After reading the links I provided (and CSO's), you should have absolutely no more unsureness, no more questions. Plus, you will have a mechanism to enforce your court order, or at least to begin the "punishment process."

Knowledge is power. Calling a caseworker is not getting you anywhere.

 

[CSO286]

As I said, I really am unsure of how child support works. To my knowledge case workers have many cases to deal with.

Well, I've got roughly 600, so, yeah. But I also have macros set up so when I see the "no payment in last month " message, an automatic letter goes out from me and I take certain actions.

I just feel I am doing my part by reminding her, I once again have not received my payment.

Please, let me tell you how you can really help your caseworker. Everytime you have new info about where the absent parent lives or works, call then. If you can do some of the digging there too, like an employer phone number or address, that's helpful too.

 

[OrangeButterCat]

Ok, she knows when you don't get a payment in the last month (IIRC, MN bought our CS software from CO, so they're quite similar). She gets a message in her system.


You also, retain the right to take action on your own. You can file contempt on a monthly basis each time he doesn't pay. you can do this with or without an attorney.

CSED often has a policy that says X number of missed payments and $XXX.xx balance owed before they can begin contempt proceedings. In addition, sometimes other enforcement remedies have to be used before contempt can be attempted. These are policy type decisions that you would need to ask your case worker about.

Good to know, thank you, that is exactly what I wanted to know.