Preparing for Child Support Enforcement Procedure/Arkansas

[susie queue]

Arkansas.

I was awarded a change in custody from joint to full physical and legal over a year ago (officially) after a lengthy temporary award of full custody. The order indicates that the other parent is to provide medical insurance, pay 50% of medical expenses, a bi-weekly child support payment, and a monthly payment to cover past due expenses from our previous court order.

The judge did not order CS to go through the courts or a State enforcement agency so the monies have been coming in sporadically and in small portions. Upon research, I understand that the current medical expenses will not be enforced by the child support agency, however they can try to enforce the medical insurance through the employer (I have been paying for their insurance for several years after the other parent stopped, although it was in the order that they were to maintain the insurance).

My question is: Do I apply all the payments received towards the child support order, or can I apply some of it towards the medical expenses in which I have provided copies of receipts to the other parent and asked for reimbursement (Is there a natural pecking order in which those payments may be applied)?

Who will need to provide proof of the payments that the other parent has made?

Right now I do not have a count of the past due child support but I have an idea that it is between 5k-10k, most likely closer to the high end and that's even if I apply all the payments received towards CS. This is for the current amount as I was only awarded CS from the day the Courts made the COC official, not when the temporary COC was made through the courts.

Thank you in advance for your advice.

 

[single317dad]

If your order states that the NCP is to pay the insurance, then that is what is to happen. You can't apply support payments toward compensating you for paying the insurance he is supposed to carry. You can (and should) ask the judge to hold NCP in contempt of court for failing to provide the ordered insurance.

Arkansas has some of the stiffest penalties for continued nonsupport of a child. If your goal is to encourage the NCP to get their act together and pay, rather than spend considerable time in jail, you should act soon and try to keep the case out of the hands of an aggressive DA, especially one running for reelection or higher office. Maximum penalty for repeat offense and over $25k arrears is 20 years in prison.

http://statutes.laws.com/arkansas/title-5/subtitle-3/chapter-26/subchapter-4/5-26-401

 

[susie queue]

I understand about the medical insurance, my question was pertaining to the court ordered responsibility of the medical bills not covered by insurance (50%) that is outstanding. For example: In Feb son had wisdom teeth removed and I received a bill for $5000 AFTER insurance coverage, 2500 being the NCP's court ordered responsibility. Parent's Bi-weekly court ordered CS payment is $250 and $100 monthly for judgement on prev medical expenses. To be simple, will say CS is $500 a month instead of the bi-weekly plus $100 = 600. Parent receives copy of bill via certified mail with their % written on the bill. Received payment from parent in Jan of $400 (instead of 500), Feb $500, March 500, June 0, July 0. Of the March payment, can any of that be applied towards the court ordered medical expenses instead of the CS or is the pecking order always going to be applied to CS first since there is no division of funds on the payment specified? Is it the NCP's responsibility to provide receipts of payments to the Clearinghouse to show that they have been making payments? I dont want to mislead the enforcement office what and what was not applied towards CS - does that make sense?

 

[single317dad]

I can't say for certain what a judge would decide (if it even came to that), but I see no problem with applying the payments to the uninsured medical expenses first. Just keep records of all expenses and all payments received, and how you applied them. Even though the CS order states that NCP is to pay not only CS but the medical costs as well, CS enforcement/IV-D will not have the medical charges available unless you provide them that information. The bottom line is, he owes all those amounts equally, and where YOU apply the money doesn't change whether or how much HE owes.

 

[CJane]

Even if your order doesn't state that the other parent is to pay the state directly, and then have those funds disbursed to you, you can apply for enforcement assistance through the state and they will pick up the case. That's probably your best bet.

I think it's likely that a judge would look at any monies coming in as child support FIRST, medical support second. And, the state will not assist with collecting anything not specifically titled child support.

Also, does the other parent HAVE insurance available through their employer?

 

[susie queue]

I found this on the DFA Enforcement website:
"All new or modified support orders issued by the court must contain automatic withholding provisions unless the court states otherwise.

An employer should start withholding as soon as they receive the notice to withhold. Employers must implement withholding when they become aware of the obligation or no later than the first pay period that occurs after 14 days following the date of the notice from the court, the child support agency, the custodial party, the noncustodial parent, or a private attorney."

Our modified orders did not contain auto withholding provisions and I was unaware of this requirement and my attorney never told me that I or someone had to send a notice to an employer. The court only stated the basic bi-weekly payment amnt, arrears amnt, insurance, and half medical expenses. How or where this had fallen through the cracks, I dont know but what matters is that it gets fixed.

I was aware that in order to get medical reimbursement for current bills and insurance, I will need to file contempt and a claim. I have no idea if NCP has access to medical insurance through their employer, but I strongly suspect that they just dont want to pay for it since most likely they have FREE insurance for single employees (there are a lot medical facilities that offer that in the employment package, and then there are some who do not). NCP may have opted out for contract work in which they offer a higher earning wage and free room and board instead. But if this is the case, there should not be any excuse as to why they are not up to date in CS and medical expenses (not including insurance premiums).

Letting it get this far behind because I dont want to stir the crazy pot and possibly have it taken out on the kids is my own fault. Making me realize that if I didnt do something I would have to start cutting out their character-building activities because the turnip has bled dry.

As far as the proof of payments - What would you do if you were in my shoes? 1)give an estimate and let the burden of proof fall on NCP? Or 2) be nice and spend a few hours locating receipts and statements to show the agency? Am I being dishonest if I go with option 1? IF I go option 1 I will be honest as I can with the amount received, I just dont plan on going out of my way to get the statements to back it up (I already have to go through that to attempt reimbursement for medical expenses)!