Turned order over to child support enforcement, questions about process

[Zigner]

Wow. There are now ads on this site for Kailua...ads are smart aren't they? That fast, they realized what I might be interested in and are targeting me !

I use and ad-blocker and also a couple of tracker-blocking addons. I don't see ads

 

[PlaysWithSharks]

I was under the impression that arrearages are typically tacked on to monthly payments at a rate of about 10% of the monthly payment. I was informed when cse told me a wage garnishment order was sent to ncp's employer that they are trying to collect the monthly amount and 50% of that towards arrears. Is that normal? And what is the usual time frame after that is sent to an employer?

How are arrears figured after a child is no longer eligible for support? When mine reaches the ineligible age, how are arrears handled at that point, typically?

Thanks!

 

[single317dad]

I was under the impression that arrearages are typically tacked on to monthly payments at a rate of about 10% of the monthly payment. I was informed when cse told me a wage garnishment order was sent to ncp's employer that they are trying to collect the monthly amount and 50% of that towards arrears. Is that normal? And what is the usual time frame after that is sent to an employer?

How are arrears figured after a child is no longer eligible for support? When mine reaches the ineligible age, how are arrears handled at that point, typically?

Thanks!

Federal law allows up to 65% of disposable income to be garnished to cover support + arrears over 12 weeks old when not supporting another spouse. That's 50% + 10% if not remarried + 5% bonus for arrears. It's not figured based on a percentage of the current support order, rather a percentage of the obligor's income.

 

[PlaysWithSharks]

Federal law allows up to 65% of disposable income to be garnished to cover support + arrears over 12 weeks old when not supporting another spouse. That's 50% + 10% if not remarried + 5% bonus for arrears. It's not figured based on a percentage of the current support order, rather a percentage of the obligor's income.

Yikes, that sounds like a lot. He is married, separated. Does he have an option of negotiation? Thanks for the help.

 

[PlaysWithSharks]

CJane I sent you a pm

 

[PlaysWithSharks]

Lots to update and I really need some guidance.

A hearing was scheduled at ncp's request to protest credit reporting. I received a phone call stating that it is stayed because of something filed in circuit court. So after much transferring, I found what can only be described as the most helpful court clerk in existence. NCP is trying to circumvent cse because he knows he can't win, and filed in the original court. She told me that an attorney on behalf of ncp filed for termination of child support as of her 18th birthday, and stating no arrears are owed. That they don't do telephone conferences, that I must appear, or an attorney. CSE says they continue collection, a garnishment has been put through to his employer and that continues until they have an order otherwise.

1. I have a letter from this month signed by NCP to enforcement stating that he knows he was behind, was planning to catch up but I moved, and says his last payment was mid 2011. The clerk told me that directly disputes what he is claiming in whatever he filed.
2. Daughter turned 18 at the beginning of her senior year of high school
3. She went on to college, full time (Dean's List!!!) and is currently in her third quarter. She did provide him access to her course schedule. He has never asked for grades, he has never asked for her address, and he has spoken with her roughly 4 times a year, until this month.
4. He has called her multiple times in the last few weeks, more times than the last 3 years combined, and had his daughter leave ours a message saying "congratulations sister that you are in college!" It appears he will be pretending he didn't know she was in school.
5. He called her last night, and told her that her mother is in "for a world of hurt in court", that he is "really mad at your mother for moving so I don't want to give her any money but if you need any money just let me know and I'll give you some". Lets forget the fact that he owed me for 2 years prior to moving, had more kids after he stopped paying, and hadn't seen her in 6 months at the time of our move. Daughter just muttered "okay" and "uh huh" and told him she had to go to dinner, then called me freaking out.
6. He never filed for a cs modification, never filed to stop me from moving, never filed for termination of child support at 18 or high school graduation.
7. He talked to the same clerk I did yesterday, after me, and told her he wants our daughter to go to court, because she is on his side and will back up everything he says. Court clerk told me she told him no, that it is between the parents and attorneys. This was even before he talked to daughter about this matter AT ALL, or even talked to her period in many weeks. Daughter wants to write a letter on my behalf, which I'm uncomfortable with but the court clerk said I probably should let her. She would attend as well but I can't do that to her. She is disgusted and wants nothing to do with him at all, and said "he'd rather pay an attorney than support me". Keep in mind, I told her very little about any of this until he called her.
8. He told daughter in 2011 he was behind in child support but was working on it
9. He told her that the latest "rumor" he heard was that I told "people" he demanded a paternity test, and have been telling "everyone" he has never paid child support, and he wanted her to know that isn't true. Daughter was like "I have no idea what you are talking about!" He said his source was a cousin of mine that hates my whole family, he is derranged, unemployed and desperate for drama and attention and speaks to not even his own sisters because he is insane. I have never said such things, and in fact willingly provided cse with an affidavit giving him credit for every penny he paid in the past. I've also never, ever said a negative thing about him to our daughter, her entire life, until last night. She figured things out all on her own.

Everyone I've talked to and all my research lead me to these facts...I have the law behind me, but I must show up, or get an attorney. If I show up, I will win, but he will make sure it is a freaking circus with his wife and a cousin of mine that is outed from the family that hates me and anything else he can use to intimidate me. I am disabled, and there is just about no way I can travel that far and deal with this, although I am smart enough to file the proper paperwork and I COULD go pro se if I didn't have to physically attend. The two state thing is making legal aid impossible. He is hoping, as stated by several people including the wonderful CJane and the court clerk, that I don't show up and he wins by default. I also could fly there, and the hearing could be rescheduled by his attorney, even on the same day. I'm going to try to get a letter from my doctor but clerk said that is no guarantee, that they usually require appearance.

No one, ever, has told him he is wrong. Not his family, not our daughter, not his wife. He actually believes he was screwed in this whole thing, and that he will win, and I'm wrong. His attorney hopefully explained reality but it doesn't sound like it sunk in, they are probably just giving it a shot.

Any comments? I would really like to find an attorney that will let me do the leg work...I'll file everything, prepare everything...I found the forms to dispute terminations of child support, and whenever I finally get a copy of what he filed I'll pattern my response after it...but I cannot afford a large retainer, I will sell stuff to raise money just for arguing at the hearing for me...is that a crazy hope? I should have known better, but I really didn't think he would outright lie (even providing proof of his lies to cse, lol) and use our daughter. Stupid, naive, I know. If he had been sending her anything, even directly all these years, I wouldn't be even enforcing this...but he owes me a ton. By the time she turns 21 it will be like $40,000.

Another thing...this is a "hearing". So it isn't like court last time, where it takes over a year and drags on and we have to constantly keep filing things? There is a hearing, and the judge rules, and we we are done? Or am I not understanding?

 

[PlaysWithSharks]

7. The general assembly finds and declares that it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child except for cases where the court specifically finds that such contact is not in the best interest of the child. In order to effectuate this public policy, a court with jurisdiction shall enforce visitation, custody and child support orders in the same manner. A court with jurisdiction may abate, in whole or in part, any past or future obligation of support and may transfer the physical and legal or physical or legal custody of one or more children if it finds that a parent has, without good cause, failed to provide visitation or physical and legal or physical or legal custody to the other parent pursuant to the terms of a judgment of dissolution, legal separation or modifications thereof. The court shall also award, if requested and for good cause shown, reasonable expenses, attorney's fees and court costs incurred by the prevailing party.

I also found this...which I'm going to guess he will argue that I discontinued meaningful and continued contact after we moved. However, for the previous couple of years he barely saw her, was already behind in child support, did not provide her medical coverage per the order, and did not file to stop the move. He had not had regular visitation with her for at least 4 years prior and hadn't seen her, his choice, for 6 months before we moved. He always had her phone number, her school name, and had the ability to request visitation, which he did not. I'm sure I can dig up phone records that show how rarely he has contacted her at all in the last few years. Not to mention she was almost 17 when we moved, and is now 19. So the above would not be able to be successfully argued if there was rebuttal, correct?

 

[CJane]

Breathe, woman!

Call a couple of local attorneys. See if they're willing to do a limited representation, where you do all of the legwork, and they do the appearance. It's getting more and more common.

And frankly, it doesn't matter WHAT he argues re: you moving, his time with the child, etc. His opportunity to argue any of that is far past, and the ONLY thing on the table is child support. Don't let him drag you off the rails.

 

[PlaysWithSharks]

Breathe, woman!

Call a couple of local attorneys. See if they're willing to do a limited representation, where you do all of the legwork, and they do the appearance. It's getting more and more common.

And frankly, it doesn't matter WHAT he argues re: you moving, his time with the child, etc. His opportunity to argue any of that is far past, and the ONLY thing on the table is child support. Don't let him drag you off the rails.

Just found out he quit his job 10 days ago.

 

[Indiana Filer]

I have nothing to add, but just wanted to send you <hugs>.

 

[PlaysWithSharks]

I have nothing to add, but just wanted to send you <hugs>.

I very much appreciate that. He is trying to get me for contempt for moving 3 years ago, lol, and states that he had temporary physical custody. Funny that the lawyer left out the rest, stating I have Sole and he has temporary physical according to exhibit one, which is the parenting plan. Apparently the hope is default. Stating he "recently" found out where she is. Interesting, I didn't know "recently" meant almost 3 years. And that he didn't know she was in school, even high school. We have a lot of proof.

He has tried to involve our daughter and told the courts and apparently his attorney that she is on his side. She got absolutely infuriated and wrote a email to his attorney, letting him in on some facts we are fairly certain he doesn't know, including a letter the ncp signed this past month that directly contradicts what the filing by his lawyer says. She claims that since he tried to involve her, she is getting involved. His lawyer also botched it, naming ncp petitioner but then asking the court to find the petitioner in contempt and award court costs and attorneys fees to be paid by petitioner. Should be a fun next couple of days. I doubt an attorney enjoys when their clients lie to them.

She also told the lawyer that if the ncp doesn't pay the attorney, since he didn't pay the attorney he was using to communicate with mine when we moved, that she'll let him in on where he usually works for cash since he has now quit his job so the attorney can try to get paid. LOL.