Child Support Check Bounced.....AGAIN

[nythng4mygrl]

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

After not receiving child support for last 6 months, I finally received a check. Dad has always been good about his payments in the past, but it has been a rough year. Several months ago I received his payment 3 weeks late and wrote out all of my bills, to have them all bounce my checking account. Of course I knew that it was my fault for depending on his support and I was responsible for the NSF fees. Moving forward to this week, I was notified by my bank that the check bounced, causing my checking account to be overdrawn by a tremendous amount. Dad refuses to reimburse me for the 9 NSF fees, and now has informed me that I will not be receiving child support this month or next month, (meaning he will not be re-depositing the original check that bounced) since he is out of work on Medical Leave. He is able to work on weekends while he is on Medical Leave though. Ironic? I know better, and am very aware that you must be cleared before going back to work from FMLA and I smell a rat. My question: what should I do? Do I let Child Support Enforcement handle? I was informed that because his wife is the sole provider to his family, that I have every right to go after her income until dad goes back to work. I have several emails from him stating that his wife has been providing for them for the last 2 years. I feel like if I go after him for support, the judge will modify that support by lowering payments to me due to his lack of work. I have been receiving the same amount for the last 7 years, and just feel like I would be shooting myself in the foot. I'm confused, but at the same time I can't afford food, halloween costume, and winter clothes. Do I let him tell me tough cookies I am not getting squat, as he has informed me, or do I grab him by the kahounas and involve a judge? Is this something I can do without involving an attorney? I am so broke from previous court hearings and do not have an attorney anymore. Please help.

 

[Proserpina]

You absolutely cannot touch his wife's earnings, period.

She could be earning a gazillion dollars a year, and her earnings are entirely and completely protected from being attached to fulfill her husband's child support obligation.

What is more worrisome though is that you're relying so much on child support as income. What happens if Dad becomes permanently disabled?

Dies?

You've really got to figure out how to survive financially without the child support.

Kwim?

 

[nythng4mygrl]

Thanks Pro, but how about some advice? I helped him fill out Disability paperwork, and he was denied because they did not find him disabled. What do I do about this bounced check? Its not that I depended so much on this support check, but moreso the fact that I have $360 in NSF fees on top of the $350 that was returned from my account, so I am out $1000, over $350? Because that $350 was returned caused my account to overdraw substantiously, and I have more transactions pending tonight. I don't live off of child support, and this is not my first rodeo with him. I have not begged him for a dime, but certainly didn't expect to suffer this much. It is not the child support check not being in there, but it is all of the fees that I am being hit with that is killing my account. If he dies, I will apply for Survivor benefits, and I have a Life Insurance policy on him. I have covered all of my boundaries financially, other than what to do when your support check bounces.

 

[Antigone*]

Thanks Pro, but how about some advice? I helped him fill out Disability paperwork, and he was denied because they did not find him disabled. What do I do about this bounced check? Its not that I depended so much on this support check, but moreso the fact that I have $360 in NSF fees on top of the $350 that was returned from my account, so I am out $1000, over $350? Because that $350 was returned caused my account to overdraw substantiously, and I have more transactions pending tonight. I don't live off of child support, and this is not my first rodeo with him. I have not begged him for a dime, but certainly didn't expect to suffer this much. It is not the child support check not being in there, but it is all of the fees that I am being hit with that is killing my account. If he dies, I will apply for Survivor benefits, and I have a Life Insurance policy on him. I have covered all of my boundaries financially, other than what to do when your support check bounces.

If the bolded were true, you wouldn't have incurred the NSF fees. This isn't your first rodeo, remember

 

[Proserpina]

So take him back to court. File contempt for nonpayment, and request fees. You may or may not be successful in getting reimbursed.

You run the risk of having CS lowered, and then again, they might give him a slap on the wrist.


What exactly do you want to happen though?

 

[nythng4mygrl]

Thank you both. I just want to be reimbursed for the NSF fees. He doesnt have to pay all at once. His ordered support is $700 and I worked with him on the $350. The D.A. would prosecute him, but I am only asking for the fees back. Also, being that he has not paid in 6 months as he is court ordered, do I take him back for contempt, or let sleeping dogs lie? I mean I am trying to choose battles wisely, and my checking account is worth fighting for, especially when it comes to my girl.

 

[Antigone*]

Thank you both. I just want to be reimbursed for the NSF fees. He doesnt have to pay all at once. His ordered support is $700 and I worked with him on the $350. The D.A. would prosecute him, but I am only asking for the fees back. Also, being that he has not paid in 6 months as he is court ordered, do I take him back for contempt, or let sleeping dogs lie? I mean I am trying to choose battles wisely, and my checking account is worth fighting for, especially when it comes to my girl.

You can sue him in small claims for the NSF fees.

 

[mistoffolees]

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

After not receiving child support for last 6 months, I finally received a check. Dad has always been good about his payments in the past, but it has been a rough year. Several months ago I received his payment 3 weeks late and wrote out all of my bills, to have them all bounce my checking account. Of course I knew that it was my fault for depending on his support and I was responsible for the NSF fees. Moving forward to this week, I was notified by my bank that the check bounced, causing my checking account to be overdrawn by a tremendous amount. Dad refuses to reimburse me for the 9 NSF fees, and now has informed me that I will not be receiving child support this month or next month, (meaning he will not be re-depositing the original check that bounced) since he is out of work on Medical Leave. He is able to work on weekends while he is on Medical Leave though. Ironic? I know better, and am very aware that you must be cleared before going back to work from FMLA and I smell a rat. My question: what should I do? Do I let Child Support Enforcement handle? I was informed that because his wife is the sole provider to his family, that I have every right to go after her income until dad goes back to work. I have several emails from him stating that his wife has been providing for them for the last 2 years. I feel like if I go after him for support, the judge will modify that support by lowering payments to me due to his lack of work. I have been receiving the same amount for the last 7 years, and just feel like I would be shooting myself in the foot. I'm confused, but at the same time I can't afford food, halloween costume, and winter clothes. Do I let him tell me tough cookies I am not getting squat, as he has informed me, or do I grab him by the kahounas and involve a judge? Is this something I can do without involving an attorney? I am so broke from previous court hearings and do not have an attorney anymore. Please help.

Call your local DA. Passing bad checks is a crime in most locations.
Answers.com - What amount of a bad check is a felony

 

[futuredust]

Since you didn't figure this out the first or second time one of his checks bounced, I thought I might offer a bit of advice should you get another check from him.

Take it to the bank it was drawn on and try to cash it.

Do not deposit it then start writing checks before you know it cleared.

As another suggested, contact your prosecutors office and see if you can recoup via them. Most all states have hot check laws, and will also go after the issuer even if it was written to a private party as opposed to a business.

 

[nextwife]

I helped him fill out Disability paperwork, and he was denied because they did not find him disabled.

Just an FYI: In my experience, SSDI is almost universally denied the first go round. My parent had a hole in their head from surgery, had lost the ability to speak and was partially paralyzed, and was denied the SSDI first time. And they were mega disabled.

 

[Proserpina]

The denial rates may not be as bad as people believe; over a third (nationally - it does vary state by state) are approved at the first pass.


There's some very eye-opening info here (um...I'll await the mass exodus to NH where the first-pass approval rate is almost 60%! ):


What Are My Chances of Winning an SSDI or SSI Claim?


While that is an attorney's site, the sources are solid.

 

[CJane]

At the very least, you should call the prosecutor, as others suggested. They may not collect the actual NSF fees incurred by you, but they will make an effort to collect the original amount of the check, plus "reasonable" fees.

And, if it were me, I'd file with state child support enforcement for ... well, enforcement... of the order, as well as a modification to the order to require that he send the payments to the enforcement unit, who will then distribute the funds to you.

I have it set up so that my child support goes onto a debit card, rather than into my checking account, and since the money is distributed to me by the state, I don't have to worry about whether or not individual checks are "good". If the money shows up on the card, I can spend it. If he doesn't pay for a week or a month, or whatever, it doesn't show up on the card. It can't bounce.

If you're honestly so broke that affording FOOD is a problem, you need to be applying for state help. Which will also help with enforcement of child support.

Obviously, you cannot count on Dad to pay child support. And you cannot count on the money actually being there when he does write you a check. So you must learn to live without it - you have no option.

Enforcement can take FOREVER. It's not like the enforcement unit just calls him up and says "Hey, pay your debts!" and he will, yanno? There's no guarantee they'd EVER get anything out of him - and certainly no guarantee that they'd consistently get anything out of him.