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NCP has working system to avoid paying CS

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poppabear

Member
What is the name of your state (only U.S. law)? Oregon

I have already had to deal with issues of welfare and tax fraud with my ex, so my current situation really does not surprise me.

Ex is NCP and ordered to pay $132 a month in CS. Ten months after this order went into effect she had baby #2 (not mine). She took FMLA leave from her work when she had her baby, then applied to the state for cash benefits since she was not working. In January she began receiving cash welfare benefits and the state suspended the CS order, effective until she stops receiving cash.

In March I got an income withholding notice from the state, so I thought that her payments were no longer suspended. But I just checked on the CS website and the case is still listed as suspended, so I guess the withholdings have been for arrears.

She is currently working, but only enough so that she still qualifies for benefits. And she accidentally let it slip that she is living with baby #2's daddy now and that he is supporting her, which I am pretty sure she is not reporting to the state. So pretty much, her cash benefits and wages are her 'spending money' and she gets out of paying CS.

Prior to this, she had told me several times that since she is the mom she shouldn't have to pay CS, even though she is NCP. She had also been extremely sporadic in her payments and most have come by way of wage garnishment.

Is there anything I can do about this?
 


Gracie3787

Senior Member
What is the name of your state (only U.S. law)? Oregon

I have already had to deal with issues of welfare and tax fraud with my ex, so my current situation really does not surprise me.

Ex is NCP and ordered to pay $132 a month in CS. Ten months after this order went into effect she had baby #2 (not mine). She took FMLA leave from her work when she had her baby, then applied to the state for cash benefits since she was not working. In January she began receiving cash welfare benefits and the state suspended the CS order, effective until she stops receiving cash.

In March I got an income withholding notice from the state, so I thought that her payments were no longer suspended. But I just checked on the CS website and the case is still listed as suspended, so I guess the withholdings have been for arrears.

She is currently working, but only enough so that she still qualifies for benefits. And she accidentally let it slip that she is living with baby #2's daddy now and that he is supporting her, which I am pretty sure she is not reporting to the state. So pretty much, her cash benefits and wages are her 'spending money' and she gets out of paying CS.

Prior to this, she had told me several times that since she is the mom she shouldn't have to pay CS, even though she is NCP. She had also been extremely sporadic in her payments and most have come by way of wage garnishment.

Is there anything I can do about this?
Have you talkedto your CSE caseworker about what is going on?
if not, you should ASAP, since ex is now working.

You can also contact the state welfare office and let them know that ex is now working and is living with the father of her youngest child.
 

poppabear

Member
Thanks :) I filed a fraud complaint on the state's Fraud Reporting and Investigations Office website, so at least I've done what I can there. After doing more research, I am pretty sure that CSE can't do anything as long as she is getting benefits, but I will still call them. They know she is working and are garnishing her wages for past due support, but the case is suspended from accruing a balance now.
 

poppabear

Member
Modification of Child Support

I am also wondering if it would be possible for me to have my child support amount modified. When we submitted our custody agreement to the court, ex was in school and planning to move from Oregon to Nevada when she graduated, in which case her CS payments would be lower as her income would be lower (higher Oregon min. wage vs. lesser Nevada min. wage). Since ex is very cash-motivated, I gave her a one-time offer of sign this agreement and you will pay less CS, which she did. So our current order is based on her living in Nevada rather than Oregon. Now it has been more than a year since she graduated and she has not moved, and has told me she has NO plans to move. Can I have her CS payments adjusted to reflect our state's standards? I do not plan on ever actually seeing any of this money, but if she ever gets off welfare, it would be nice to have this taken care of.

Also, ex has had another child since our current CS amount was put in place. Would is be possible for me to ask for modification since she has a non-joint child now, or can only she do that?

And I don't understand how the state can garnish her wages for past due support, yet suspend future payments because "she cannot afford it". The garnishment is no more than if she were continuing to pay child support.
 
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