Court Ordered Dental Procedure and How to Pay for it.

[RDraovac]

I will look into debtal financing. My portion of the bill will be 55%

 

[not2cleverRed]

Thank you

Im hesitant because I was told by an attorney that overpayment of child support was not something that could be credited back so to speak.

My specific question is, if I physically do not have the money and can prove that I do not, could I be found in contempt?

Doing as Zigner suggested would not be overpayment of child support. You would make good faith payments towards the dental bill separate for child support using a recognized documentable way of paying so that you can prove that you paid that amount for that purpose.

 

[RDraovac]

It's clear she is doing this to set me up for another contempt motion. She has stated that's her plan. I offered her a monthly amount and she said no.

I cannot be found in contempt for making good faith payments? That is my concern. I am behind on my mortgage and can show the judge... I'm not kidding when I say I have no money.

 

[Zigner]

It's clear she is doing this to set me up for another contempt motion. She has stated that's her plan. I offered her a monthly amount and she said no.

Are you saying that she refused to take and cash the check that you offered?

 

[RDraovac]

Yes. She refused it unless it was for the FULL AMOUNT and said she would file a motion for contempt.

 

[PayrollHRGuy]

Let me ask. Is the amount you offered equal to or more than 25% of your take-home pay BEFORE child support?

 

[stealth2]

Well, then, it would seem that your options are (1) pay nothing, (2) figure out financing and pay the full amount you owe her, or (3) pay a monthly amount and see what happens.

 

[RDraovac]

We don't use checks, however. It's all done electronically through transfers, so I have records of everything. At this point I think I may just send the $150 and see what

Let me ask. Is the amount you offered equal to or more than 25% of your take-home pay BEFORE child support?

Yes

 

[RDraovac]

Actually it might not be 25% but I don't see what that matters. I pay child support and have never missed a single payment.

I changed jobs to be able to get my son back and forth to school and took a drastic pay cut to do so. I have never tried to adjust my child support. I offered her $150 a month until my portion of the dental bill is paid.

 

[Zigner]

Are you saying that she refused to take and cash the check that you offered?

Yes. She refused it unless it was for the FULL AMOUNT and said she would file a motion for contempt.

We don't use checks, however. It's all done electronically through transfers, so I have records of everything. At this point I think I may just send the $150 and see what

In one moment, you said she refused to take and cash your check, and then in the next moment you say that you don't use checks.

 

[RDraovac]

Whether its a check or an electronic transfer makes no differance. We can track it. When asked if she would accept payments she declined. She stated if i do not pay the full amount within 30 days she will take me back to court . The purpose of this thread is to seak advise as to how I can fufill my responsibility without being held in comtempt.

 

[HRZ]

If you offered a reasonable payment plan ...in writing ...and she rejected same....it might not play too well for her in court ! At least as posted you have no duty to pay it all inside of 30 days . Be sure you can prove you made such an offer and she rejected your offer.

If you made an offer and she rejected that offer then that deal is off the plate , she rejected it ....makes no sense to transfer money on a rejected offer ??

As an aside , if there was a substantial change in your pay, downward , you might re evaluate if you should petition to have CS lowered consistent with guidelines at your current pay rate.

I'd be very careful in how I worded my job change ...a change required to meet your duties to get child back and forth to school does not smell bad to me ( little that I know ) but a voluntary pay cut to suit your personal needs may smell a lot different and court imputes your prior earning capacity.

 

[PayrollHRGuy]

Actually it might not be 25% but I don't see what that matters. I pay child support and have never missed a single payment.

I changed jobs to be able to get my son back and forth to school and took a drastic pay cut to do so. I have never tried to adjust my child support. I offered her $150 a month until my portion of the dental bill is paid.

The reason it matters is that the primary way the court would get you to pay, since you don't have $3k sitting around, is via garnishment of your paycheck in addition to the child support. The maximum would be 25% of your wages after tax but before child support.

 

[not2cleverRed]

Whether its a check or an electronic transfer makes no differance. We can track it. When asked if she would accept payments she declined. She stated if i do not pay the full amount within 30 days she will take me back to court . The purpose of this thread is to seak advise as to how I can fufill my responsibility without being held in comtempt.

Then what you do is you try to pay. When she refuses, you set that money aside (do not spend it).

Then when she takes you to court for contempt, your defense is that you have tried to pay, show proof of this, and show proof that you have set aside that money and are prepared to pay her on the spot.

She can counter that you are to pay the whole lump sum, as per the orders, but the judge is going to question why she took nothing rather than at least a portion. The judge might find you in contempt, if the court order says the lump sum must be paid within 30 days, but the consequences of being in contempt might be minimal if you do this - like the consequence might be to pay $150/wk in addition to child support until the balance is pd.

When you were last in court, was the judge aware of this lump sum, not covered by insurance? If not, you might petition to modify the agreement on medical/dental expenses, so that if they are greater than a certain amount, that you can pay in installments.

 

[Zigner]

Whether its a check or an electronic transfer makes no differance. We can track it. When asked if she would accept payments she declined. She stated if i do not pay the full amount within 30 days she will take me back to court . The purpose of this thread is to seak advise as to how I can fufill my responsibility without being held in comtempt.

SMH - It's one thing to SAY you won't accept anything but the full amount, and quite another thing to tear up a check instead of depositing it.