Affidavit of Arrearage

[icantcook]

What is the name of your state (only U.S. law)? TN
Hi, been reading this site for quite some time. I've read alot of great advice, now I need some advice or guidance or something..

I filed the affadavit, as my ex husband $12,000 in arrears.

I'm not clear on how this is served. Does it go to his employer, his home, or both?

I ask because I've not told him I filed the papers, but his new wife posted on Craigslist a really strange post. "A family trying to stay together", saying that she found out her husband could go to jail for not being able to pay his child support. To sum her post up, she said, for the family, she is looking for a job to keep him out of jail.
She also said "he doesn't know I am doing this". I wonder then, does he not know about her secretly whining on CL about their state of affairs and needing a job (rather than simply looking at the help wanted section), or if papers were sent to their home and she did not tell him.

Hopefully that makes sense.

Thanks

 

[OhReally?]

What proof do you have that it is in fact her posting on Craigslist? If your answer is along the lines of "it sounds like it because _______________", that isn't proof. Not to mention that posting is irrelevant.

Also, I don't see any reason for an affidavit for the arrearage, since the arrearage amount can be calculated using basic math. If I got ONLY something like that, I'd laugh at it. On the court's end, they'd probably be thinking "umm...ok...so your point is????....."

 

[icantcook]

Thanks for your reply. The ad is irrelevant, just alot of coincidences. I understand.

The child support was ordered to be paid directly to me by the last day of the month, so there was no way of the state knowing if payments were received.

 

[OhReally?]

The child support was ordered to be paid directly to me by the last day of the month, so there was no way of the state knowing if payments were received.

So let me get this straight -- this actual language is in an actual COURT order signed by a Judge?? No wage garnishment either??? Hmm.

 

[LdiJ]

So let me get this straight -- this actual language is in an actual COURT order signed by a Judge?? No wage garnishment either??? Hmm.

Mine was ordered that way as well. Its really not that odd. Its certainly not the norm these days, but its not unheard of either.

 

[icantcook]

That is correct. In TN, we had to fill out the permanent parenting plan and cs calculator.

I am looking at the agreed order signed by the judge that says states our holiday visitation schedule as well as the weekly visitation, and "the final support order is as follows: the father shall pay to the other parent as regular child support the sum of $600.00 monthly.
The child support shall be paid:
directly to the other parent."

I filed the affadavit of arrearage because he has not paid and the state has no way of tracking or enforcing...

It also says, "child support will be paid to the mother by the last day of every month".

Hope that makes sense.

Thanks for your reply.

 

[OhReally?]

Mine was ordered that way as well. Its really not that odd. Its certainly not the norm these days, but its not unheard of either.

But as you know, things have changed drastically about how CS is ordered, etc since the mid-90's.

 

[OhReally?]

That is correct. In TN, we had to fill out the permanent parenting plan and cs calculator.

I am looking at the agreed order signed by the judge that says states our holiday visitation schedule as well as the weekly visitation, and "the final support order is as follows: the father shall pay to the other parent as regular child support the sum of $600.00 monthly.
The child support shall be paid:
directly to the other parent."

I filed the affadavit of arrearage because he has not paid and the state has no way of tracking or enforcing...

It also says, "child support will be paid to the mother by the last day of every month".

Hope that makes sense.

Thanks for your reply.

Well it's not an affidavit you'd file -- it'll get you nowhere because you're not filing a motion with it. You'd have to file a motion to show cause -- but I would hold off filing one after only one month -- and since today is only the 1st -- you're jumping the gun a little bit here.

Now if by the 1st or 2nd week of next month if you don't get anything, then I would file a motion to show cause against him and also motion the court to have his wages garnished so you don't have to worry about him sending you the money.

 

[icantcook]

Thanks.
The form I filed was what the court gave me to, I guess, have it handled by the state's cs collection agency..
I haven't received anything from him since February of 08, and he was in arrears prior to that.

 

[OhReally?]

Thanks.
The form I filed was what the court gave me to, I guess, have it handled by the state's cs collection agency.. .

State's don't have a "CS collection agency" for folks who do not have their CS handled by CSEA (at least none that I heard of).
You're really better off going to CSEA and talking to them about having them collect CS, garnish his wages, etc. As far as the arrears, they won't help you there. You'd have to take it to court yourself (which is what you'd have to do anyway, even with CSEA involved -- unless you were getting some sort of state assistance).

 

[icantcook]

No additional assistance, here. Thanks for your replies.

 

[icantcook]

Update

As I stated before, I filed the papers on my own with no attorney.

I called the circuit court clerk Monday, and his papers for wage assignment were delivered on 11/21. Next step is to call CSE to ensure there is a file for us and the payments can be sent to that with no delay. Then, I assume, until I call them again, they will send me payment vial postal mail.

Thanks for all the replies. Ijust want someone to know you can do it on your own for a very small filing fee. Hopefully this will work out for our daughter.