Getting the Child Support Sent In

[TNBSMommy]

What is the name of your state? Tennessee

My ex is ordered to pay child support. We finally found, again, where he was working at the end of Nov. 2003. I called it in, and received my copy of the garnishment papers the first week of Dec. 2003. The first week of Jan. I called the Da's office to find out if they had received anything, and they called his place of employment. DA was told they received the papers that week, and would begin garnishment. He gets paid every other wednesday. The 3rd week of JAn. I called again, when his place of employment(payroll girl's name is Cindy) was called and finally called back, DA was told they were only sending it in once a month. OK, fine, last week of Jan. They were called again, Cindy apologised for it being late(he had received his last check of the month the week before) and swore it wouldn't be again. I got the check Jand 29. Fast forward to March, no Feb. check has come in. Da's office called Mar. 10 and was told Cindy sent it on the 5th of March. The next monday on the 15, it still hadnt come and she was called again. She said she didn't know what happened and was sending another one. I received it on March 19. That same week, I called my ex, and told him he needed to do something b/c according to the DA's office(who were ready to bring him BACK into court for contempt) he called this Cindy who told him she didn't have to send it until the 19, b/c that is when it would be late and that she sent one on the 10, when she was called. So now there are 2 different stories about where the check is.... Now it is April 11, and there has been NO March check. I know the DA's office can't do anything until after the 17, when it has been a month since the last check showed up. I know he is still working, I just want to know what, if anything I can do, to get this person to send the checks when she is supposed to. Any suggestions? Thanks in advance.

 

[tcpmp]

How long has the CS order been in effect?
The goverment isn't known to be quick in try to get things rolling. It sounds like the DA is using a garnishment directly through his work. If this is the case it is really up to his payroll person to start deducting and passing the payment to the DA. Unless you feel that he is purposely having his payroll person not send the checks in let the DA handle it and keep pressure on them. Come back in a month or so if it doesn't work itself out.

 

[TNBSMommy]

Thanks for the response, a little history, CS order has been in effect since @ 1996. He currently owes( at last count which was july of 2002) 21, 990.46. In Sept. of that year we were able to get a wage garnishment for his job at the time, he would get paid on Tues. I got the check on Sat. It was never late, until he quit working and I got my last check that year Dec. 27. 2002, I found out he had quit by calling on Dec. 26 of tha year. Jan. 2003 a warrant for his arrest was issued for failure to pay. His bail would be the entire amount, which I believe(I for some reason do not have those court paper copies in my stack, I need to get them) was @ 24 or 25, 000 and is still in effect to this day. Getting him served will be a major problem due to his knowledge of the warrant.

I asked the DA how we could take him to court if we KNOW it is his place of employment not sending the checks in and I was told b/c it is inevitably his responibility since it is his CS not thiers. I just dont understand what is soooo hard about sticking the d*mn check in the mail every month. I understand your point about him having her hold the checks, but you would think since I informed him of a possible impending court date that he would fix that problem if that was the case. Thanks again for your help.

 

[CMSC]

TNBS, hey good to see ya!!!

Anyway, lol, I had the same thing happening here. Payroll was not complying with the court order. The county attorney said my ex was responsible as well and they would take him to court if payments were not received and then it was HIS job to prove it was not his fault. They said HE is under the court order to send in payments (even with the wage garnishment), the work does it as a "courtesy".?? Screwy huh? My ex would then have to have the brains to subpoena (sp?) the payroll department.LOL

I don't know what to tell you. Can you find a corporate office phone number? This cindy, lady, may not know the in's and out's of court so maybe you could let her know if she does not comply with the court order you will take her to court? She may not know that isn't possible.LOL

I had to contact the corporate office with my ex's work. Let me tell you it worked wonders! They did not like the fact that the local payroll clerk was holding three months worth of child support checks just for fun.!


Edit* HAPPY EASTER too!LOL

 

[TNBSMommy]

HEY SWEETIE!!! I havent talked to you in a while!

That is pretty much what I was told too.. only I don't think there is a corporate office I think it is locally owned. and the owner has also been spoken to. On the 10th of March phone call, he told them Cindy does it and he is sure she sends them out....My ex did tell me if he had the money he was going to sue the DA's office for harrassment. I laughed and ask him, you want to sue them for doing their job by trying to make the people you work for do THEIR job???? My ex doesn't have the brains to even see that the problem is lying on his end, not ours or the DA's, much less having the brains to subpeona the payroll department, lol.. He is telling me we need to leave them alone. Go figure... It is just frustrating. Maybe talking to the owner and making sure it is brought to his attention would help. I keep telling my ex he needs to talk to them and make them understand, but what do they care, apparently it isn't going to affect them at all, other than having to put an ad in the paper to find a new employee when my ex's warrant shows up again.

anyway.. HAPPY EASTER to you too!

 

[CMSC]

HEY SWEETIE!!! I havent talked to you in a while!

That is pretty much what I was told too.. only I don't think there is a corporate office I think it is locally owned. and the owner has also been spoken to. On the 10th of March phone call, he told them Cindy does it and he is sure she sends them out....My ex did tell me if he had the money he was going to sue the DA's office for harrassment. I laughed and ask him, you want to sue them for doing their job by trying to make the people you work for do THEIR job???? My ex doesn't have the brains to even see that the problem is lying on his end, not ours or the DA's, much less having the brains to subpeona the payroll department, lol.. He is telling me we need to leave them alone. Go figure... It is just frustrating. Maybe talking to the owner and making sure it is brought to his attention would help. I keep telling my ex he needs to talk to them and make them understand, but what do they care, apparently it isn't going to affect them at all, other than having to put an ad in the paper to find a new employee when my ex's warrant shows up again.

anyway.. HAPPY EASTER to you too!

Your link doesn't work directly, in case you didn't know.LOL

I swear, don't we feel stupid saying these numbnuts were in our lives at one time!LOL Atleast we got some great kids out of the deal.

 

[I AM ALWAYS LIABLE]

My response:

Why are you relying on the D.A.'s office to do your work? When you use public assistance, such as the D.A., you get to wait in line, because thousands of other people are inundating the D.A.'s office - - because they're not smart enough to take the bull by the horns themselves.

So, here's what you do. You file your own "Order to Show Cause Re: Contempt" and you have him served, right along with "Cindy", so that they both show up in court. When this happens a few times, and Cindy gets tired of being hauled into court, then she'll change her tune.

But, you can't rely on public assistance the rest of your life.

IAAL

 

[TNBSMommy]

CMSC, I forgot all about that web page, lol, I took it out...

And I was thinking the same thing yesterday about my ex... and then my daughter did something silly, and I thought, it is all worth it to have her and my son in my life

IAAL, I know, I know... The only public assistance I have used in 8 years is the DA's office. I think I will look into taking your advice, b/c the DA's office doesnt seem to be getting anywhere. He called yesterday to talk to the kids,and I asked him to call about ins. (he is supposed to provide that, and the last time I went ( a week ago) to fill a prescription for my son, I found out they had been dropped from is ins.) I also told him the CS was not here AGAIN! He said he would call about the ins, but the cs was out of his hands....Thanks for everyones advice, I do appreciate it!

 

[TNBSMommy]

Just venting!!!!!

I called today to my ex's work to find out about insurance today, only to find out he has quit his job, ONCE AGAIN!!! about 3 or 4 weeks ago.

So, ok, Now I am done playing mrs. nice guy...This man, who reduced my (our-his!) daughter to tears the last 2 weekends in a row, for telling her he was getting her for the weekend, and then became a no call no show, is going to jaill. I am tired of this, I have ignored the fact that he has a warrant out for his arrest for non payment of child support, I have mended (or tried to) broken hearts from our children, I have had to pull our daughter out of horse riding lessons she loves "just until the child support gets here" b/c things got tight and I am tired tired tired of this. I read posts on this site from parents who have every right to see their children, pay their child support, provide their insurance, and do everything they can and still don't get to see them, on a whim from the CP. And I think, I wouldn't do that, and I haven't . I have ignored so much just to make sure our children get what they deserve, a relationship with their father. And they can't even get that b/c he is "too busy and has no money" yes that is a direct quote, from my answering machine at 10:15 saturday night following my daughters 5th phone call to his house since friday.
Anyway, just felt like venting. I know I will probably get reamed for this post, but I don't really care, he deserves nothing less than what he will be getting, and I know I will win this b/c we will have the same judge who told me although it was against his better judgement, and because I was thinking of the kids, he would reinstate his visitation rights. The same judge my ex has made himself look like an idiot in front of every single time we have gone to court, and the same judge who has told him numerous times he needs to shape up and do what he is responsible for.

Ok, I'm done. Thanks for letting me vent. I feel a little bit better now.

 

[CMSC]

You know what being that far behind he should have be penalized ALONG time ago. Yea I know people say "but they can't work while in jail so they can't pay"...but you can't imagine how quickly they can find that money to bail themselves out of jail.

Does your daughter have phone visitation or anything, I mean when is he telling her that he is going to see her? If I were you and he never talks to her, don't mention it is his weekend for visitation or anything else. Just hang around home for an hour or so and then go about your daily business. Unless she is the type of child who needs more notice that she is going to dad's, then you would need to discuss it with her.

I would make the day extra special if he doesn't show, teach her that there are tons of other people who do care!

 

[TNBSMommy]

Hey, he tells her he will get her the next weekend when she calls him to find out why he didn't show. That is what I tried to do this weekend, she got to go to two birthday parties she would have missed, and had a friend stay the night on saturday. She knew since she didn't hear from him by saturday morning he wasnt coming, since he had told her he would be there friday after they got out of school. And the weird thing is, my son doesnt seem to care. He never shows any emotion about his father, it is always my daughter...

I would have to look to be sure, I know in one previous order we had it stated each parent had the right to uncencored phone conversations, this latest order we have re: visitation is strictly the general TN visitation guidlines, I would have to look, I have never told her she couldnt call and never told him he couldn't. I just assumed that was her right as his child was to be able to talk to him when she wanted.

I know what you mean about the jail thing, in fact the judge gave him almost as many chances as me, before getting tired of it and finally ordering the warrant. At this point, though, I am not getting anything either way, ya know, maybe this will show him I am not kidding and mean business....