Need to get credit for direct pymts to CP

What is the name of your state? MD

My husband has been trying for over 1 year to get all of the errors corrected in his CS file with the local enforcement agency. CP filed a Contempt Petition for failure to pay. Earnings Withholding Order was issued which stated the full amount of arrears to date.

Prior to this EWO, my husband made 4 payments to CP by check totalling $1800.00. State's Attorney will not recognize arrears set in EWO as total arrears and has directed enforcement agency to continue to hold my husband NCP in arrears for the $1800.00. We've sent certified copies of the checks, many many letters and phone calls. They will not cooperate. We have a copy of the court testimony which includes the Judge reviewing these very payments with CP and her acknowledgement of them.

What else can we do? We filed a motion with the court asking them to issue a statement clarifying arrearage amount -- denied. COMAR states that all outstanding arrears are to be included when arrears are established. We gave the info to CSE and they still will not honor the amount set in the EWO as the only arrears due and will not honor payments.

Not sure about your state but in MO any payment made straight to the CP is considered a gift and does not count on child support payments. My sister ran into this with her ex. He made some payments to her, and when she went to report them to the state so they could deduct it from the back amount due, they informed her it didn't count.

I hope that's not the case! CP listed payments in court testimony as cs payments made to her and judge reduced arrearage amount when she issued Earnings Withholding Order. Our situation seems to be very very political. The state's attorney is interpreting the fact that the court would not issue a separate order to list the payments as their refusal to acknowledge them, when in fact, the arrearage amount set by the court includes the fact that he made the payments. They are being stubborn and it doesn't make any sense. All I can tell you is that I hope she (SA) doesn't end up on a ballot. You just might find me outside of the polling place working against her...

Glad to hear it doesn't seem to be that way in your state. I thought it a bit odd. I was told by a payroll clerk that they do it that way because the keep a portion of what you pay into the state. Say you pay $100 a week in child support, the mom only gets $95 and the state keeps the other $5 for fees. So I suppose they are wanting to get more money in for themselves. Seems kinda crappy really. Glad I don't ahve to deal with it all. My sister has informed her ex of this and adviced him to make all his payments through the courts just to keep things safe.

I am a bit perplexed by the whole child support thing. I thought once you got so far behind there was a warrent issued for your arrest. However, he has passed that mark and nothing yet. While others that I know that have fallen behind are going to jail. Just doesn't make any sense!