update...need answer!!!

[momof1cutie]

What is the name of your state? CA

I posted a couple of weeks ago and the issue was that my son's father (not together) was arrested & charged w/ narcotic posession and most likey will serve about 2yrs. jail time. anyway, his mother asked me, not once but twice, if i could stop the support order he has been paying for 2yrs., so that when he gets out he won't have this huge "balance" owed. OH MY GOD!! she has a lot of nerve to ask that of me, how would that benefit my son in the long run?? anyway, she called the other night to ask if i had called to stop it b/c he ahd received something in the mail from child services & i told her that that wasn't my responsibility. that the courts can't erase a child support order or out it "on hold" while he's doing his time in jail. she then said, "oh, then you're just gonna let it pile up??" WOW!!! i can go on & on about how this lady works when things involve her son, but that's not the issue at hand...my question is this...was i right?? if he contacts the courts, which i'm surprised he hasn't since he's been out on bail, can they stop the order while he's in jail?? and, is sit possible to get money from his union pension while he's in jail?? he goes to court next week, so i will find out exactly what's going to happen then.

 

[VeronicaGia]

What is the name of your state? CA

I posted a couple of weeks ago and the issue was that my son's father (not together) was arrested & charged w/ narcotic posession and most likey will serve about 2yrs. jail time. anyway, his mother asked me, not once but twice, if i could stop the support order he has been paying for 2yrs., so that when he gets out he won't have this huge "balance" owed. OH MY GOD!! she has a lot of nerve to ask that of me, how would that benefit my son in the long run?? anyway, she called the other night to ask if i had called to stop it b/c he ahd received something in the mail from child services & i told her that that wasn't my responsibility. that the courts can't erase a child support order or out it "on hold" while he's doing his time in jail. she then said, "oh, then you're just gonna let it pile up??" WOW!!! i can go on & on about how this lady works when things involve her son, but that's not the issue at hand...my question is this...was i right?? if he contacts the courts, which i'm surprised he hasn't since he's been out on bail, can they stop the order while he's in jail?? and, is sit possible to get money from his union pension while he's in jail?? he goes to court next week, so i will find out exactly what's going to happen then.

Some states will allow support to be suspended while someone is incarcerated, some won't. I'm not sure about your state, but he would have to file for it anyway. If he doesn't he has to pay.

If he's not collecting his pension, you cannot touch it. Is he collecting his pension?

 

[rmet4nzkx]

Of course he can petition the court to modify child support while he is incarcerated, It doesn't mean that the court will grant it and of course they are trying to manipulate you. You don't have to do it, if he and or his mommy hasn't done it/for him, then child support will accrue while he is incarcerated. Now he may not have done that because if he does, the court will ask for his financials, that is where his pension may come into play, the court can order a payout of that to pay child support, or maybe pay his attorney? If he has this resource, you may want to file for child support modification during his incarceration so the court can order the child support paid out of his pension otherwise, it may all go to his attorney?

 

[VeronicaGia]

Of course he can petition the court to modify child support while he is incarcerated, It doesn't mean that the court will grant it and of course they are trying to manipulate you. You don't have to do it, if he and or his mommy hasn't done it/for him, then child support will accrue while he is incarcerated. Now he may not have done that because if he does, the court will ask for his financials, that is where his pension may come into play, the court can order a payout of that to pay child support, or maybe pay his attorney? If he has this resource, you may want to file for child support modification during his incarceration so the court can order the child support paid out of his pension otherwise, it may all go to his attorney?

??? If he's not currently collecting his pension and is not old enough to collect it, how can she get it? That is why I asked her if he's currently collecting pension....if he's 30 years old he's not collecting his pension!

 

[momof1cutie]

i don't believe he's collecting from his pension b/c he's been working since he was arrested. to me, it would be an awful thing to just stop an order if the father is in jail. maybe then can lower it, but not completely stop it ya know. i was actually really surprised that he hasn't contacted the support office while he's been out on bail...him & his mother honestly believed that i would call for him & tell them to stop the order...that just amazes me.

 

[rmet4nzkx]

??? If he's not currently collecting his pension and is not old enough to collect it, how can she get it? That is why I asked her if he's currently collecting pension....if he's 30 years old he's not collecting his pension!

That is one of the exceptions a judge may order distribution. There are ways to get funds from pension plans prior to retirement, there are penalties.

 

[VeronicaGia]

i don't believe he's collecting from his pension b/c he's been working since he was arrested. to me, it would be an awful thing to just stop an order if the father is in jail. maybe then can lower it, but not completely stop it ya know. i was actually really surprised that he hasn't contacted the support office while he's been out on bail...him & his mother honestly believed that i would call for him & tell them to stop the order...that just amazes me.

So once again, is he even old enough to collect a pension? On has to be of retirement age to do so.

Maybe it would be awful in your eyes, but really it is up to a judge. Getting out of jail with such a huge arrearage could make a few people want to go back to jail....then you'd never collect a dime.

No one can tell you what a judge will decide.

 

[momof1cutie]

To answer some additional questions... he has a condo that his mom said that the bank will forclose since he can't make the payments, the mom has put his two cars up for sale & i don't know what his bank account looks like. i'm thinking that this family is pretty stupid when it comes to how the process works for child support, so i bet that he'll wait it out to see what happens on court next week.

 

[nextwife]

Depending upon his "vesting" status" he may not even be entiled to full ownership of his pension. Pensions funds are not necesarilly promised for "now" they are promised for a future date. The money in my pension plan is NOT mine to use or access until I reach retirement. A 401K is a different story.

I think our poster had better prepare herself for the reality that CS will likely NOT be coming in during the incarceration. The fact is that he will be unable to earn an income and may not have AVAILABLE resources to cover the CO'd payments during the jail term.

 

[rmet4nzkx]

To answer some additional questions... he has a condo that his mom said that the bank will forclose since he can't make the payments, the mom has put his two cars up for sale & i don't know what his bank account looks like. i'm thinking that this family is pretty stupid when it comes to how the process works for child support, so i bet that he'll wait it out to see what happens on court next week.

He can sell his condo and/or his mom can make the payments in the mean time, still none of this releases his obligation for child support and are assets that can be attached by the State of California. Gee, when he gets out he can live with mommie.

Did you ever look up the details of his case?

 

[momof1cutie]

i honestly don't know how his union pension works, but he is only 32 yrs. old, which i don't believe is old enough to collect. i was thinking that since the support is garnished from his pay & since he probably won't be earning for a while, if his employer goes into his pension to collect. get this, his mommy claims they have no money to pay his house payments or to pay his child support, but they got him a lawyer & they bailed him about ($14,500). she's probably telling me all of this stuff, so it'll look like he has no assests to collect while incarcerated. i did look up his case on the county sheriff's website, but it's very minimal info.. that's how i found out he was bailed out & exactly what his cahrge was, his mommy didn't divulge such info. to me. before he was arrested he had been living w/ his parents b/c now he's supposedly in the process of a divorce. I KNOW, I KNOW!!! i understand that i most likely won't receive any support while he's in there, but knowing that my son will eventually get what's owed makes me feel somewhat better in dealing w/ all of this.

 

[rmet4nzkx]

PM me with his full name, DOB and the county and I will see what I can find, I thought I told you where to look before? I will PM you back with the results of the search.

 

[momof1cutie]

if you're going to look on the county sheriff's website, enter his name, dob to find out i already did that. i located him under the "inmate information" and it gave me the charge, courtdate, etc.

 

[rmet4nzkx]

if you're going to look on the county sheriff's website, enter his name, dob to find out i already did that. i located him under the "inmate information" and it gave me the charge, courtdate, etc.

No, I'm going to look at the superior court website