Casa - Help

[NITM]

What is the name of your state? CA

Please see my post in the "Child Support" section of this forum entitled "CP wants NCP to pay her directly". I would apprieciate any advice you have. If CP closes the case with DCSS, which she is now saying she did, does NCP have any choice but to pay her directly?

Thanks.

 

[casa]

What is the name of your state? CA

Please see my post in the "Child Support" section of this forum entitled "CP wants NCP to pay her directly". I would apprieciate any advice you have. If CP closes the case with DCSS, which she is now saying she did, does NCP have any choice but to pay her directly?

Thanks.

Contact DCSS first to establish whether or not the case was actually "closed"...because that sounds fishy to me.

What does the current Court Order say re; Child Support (WORD FOR WORD)

 

[nextwife]

He better make darned sure, else she can come to CSE years from now and claim she is owed an arrearage, and everything he paid her directly can be called a "gift", and he will owe all that as an arrearage.

 

[acmb05]

He better make darned sure, else she can come to CSE years from now and claim she is owed an arrearage, and everything he paid her directly can be called a "gift", and he will owe all that as an arrearage.

Unless he got something from the court to appear at the hearing to terminate child support payments thru the state then it is not stopped. They will notify you that a court date has been asked for to terminate court ordered child support. You show up for court and either agree to it or fight it.

I know they do things differently in Ca, here in Tennessee it is the payor who must innitiate the action to stop child support thru CSEA then the person receiving the child support ie served with the court date and has to go to court to have it stopped.

 

[casa]

Unless he got something from the court to appear at the hearing to terminate child support payments thru the state then it is not stopped. They will notify you that a court date has been asked for to terminate court ordered child support. You show up for court and either agree to it or fight it.

I know they do things differently in Ca, here in Tennessee it is the payor who must innitiate the action to stop child support thru CSEA then the person receiving the child support ie served with the court date and has to go to court to have it stopped.

It doesn't just magically 'drop' in CA just because the payee wants it to either. There is a process to go through & I'm concerned that OPs X is trying something underhanded.

 

[ezmarelda]

Unless he got something from the court to appear at the hearing to terminate child support payments thru the state then it is not stopped. They will notify you that a court date has been asked for to terminate court ordered child support. You show up for court and either agree to it or fight it.

I know they do things differently in Ca, here in Tennessee it is the payor who must innitiate the action to stop child support thru CSEA then the person receiving the child support ie served with the court date and has to go to court to have it stopped.

Ca is a world of its own sometimes...but not on this.

OP~CP is trying to set NCP up! DO NOT pay her directly unless/untill there is a COURT ORDER to do so!!! NCP needs to keep paying through CSEA and as far as being granted a modification; unless NCP's earnings and/or visitation time change significatly don't worry about it...good luck sounds like you & Hubby have a long road ahead

 

[NITM]

The child support isn't being "stopped", just the case closed with DCSS, which means that they will no longer "enforce" payments (not that they ever had to). I just got off the phone with DCSS and they said NCP will have to pay CP directly if the case is closed. They also confirmed recently receiving her letter requesting for the case to be closed.

As I said in my other post in the "child support" forum, we believe CP closed the case because she's angry that DCSS is again telling her that NCP doesn't owe her any arrears and has actually "overpaid". She a spoiled brat and doesn't like to hear this or anyone/anything that doesn't agree with her - period, so she doesn't want to deal with them anymore. Now she'll just torture my husband directly, even moreso than she usually does.

Again, can someone tell me exactly how CP would have to go about modifying the amount? Can she legally do this herself? Where would she get access to a dissomaster to determine the amount? She always tries to lie about the amount of visitation times, etc., she's liable to pull any trick out of her hat. Does NCP have to respond to her requests for tax returns, pay stubs, etc?

 

[ezmarelda]

The child support isn't being "stopped", just the case closed with DCSS, which means that they will no longer "enforce" payments (not that they ever had to). I just got off the phone with DCSS and they said NCP will have to pay CP directly if the case is closed. They also confirmed recently receiving her letter requesting for the case to be closed.

As I said in my other post in the "child support" forum, we believe CP closed the case because she's angry that DCSS is again telling her that NCP doesn't owe her any arrears and has actually "overpaid". She a spoiled brat and doesn't like to hear this or anyone/anything that doesn't agree with her - period, so she doesn't want to deal with them anymore. Now she'll just torture my husband directly, even moreso than she usually does.

Again, can someone tell me exactly how CP would have to go about modifying the amount? Can she legally do this herself? Where would she get access to a dissomaster to determine the amount? She always tries to lie about the amount of visitation times, etc., she's liable to pull any trick out of her hat. Does NCP have to respond to her requests for tax returns, pay stubs, etc?

please read my post on your other thread

Also she can request a mod. all she wants but if NCP is paying acording to guidelines she won't get it changed no matter how badly she may want it to

 

[NITM]

Who would she be requesting the mod through if DCSS is no longer envolved? Just through the court, or will she be able to do this all herself without an attorney?

 

[casa]

The child support isn't being "stopped", just the case closed with DCSS, which means that they will no longer "enforce" payments (not that they ever had to). I just got off the phone with DCSS and they said NCP will have to pay CP directly if the case is closed. They also confirmed recently receiving her letter requesting for the case to be closed.

As I said in my other post in the "child support" forum, we believe CP closed the case because she's angry that DCSS is again telling her that NCP doesn't owe her any arrears and has actually "overpaid". She a spoiled brat and doesn't like to hear this or anyone/anything that doesn't agree with her - period, so she doesn't want to deal with them anymore. Now she'll just torture my husband directly, even moreso than she usually does.

Again, can someone tell me exactly how CP would have to go about modifying the amount? Can she legally do this herself? Where would she get access to a dissomaster to determine the amount? She always tries to lie about the amount of visitation times, etc., she's liable to pull any trick out of her hat. Does NCP have to respond to her requests for tax returns, pay stubs, etc?

OK, Listen CAREFULLY: The DCSS person said "IF" the case is closed, NCP would pay CP directly. WAIT UNTIL THERE IS CONFIRMATION IN WRITING that the case is closed.

THEN, once NCP has that confirmation...then NCP sends to CP the amount in the current Court Order for support. (Writing in the 'memo' area of each check "For Child Support").

CP CANNOT change Child Support amount, no matter HOW she calculates it. DO NOT change the amount of child support unless/until a new Court Order designates such. CP must file through the courts for Child Support Modification~ And have the Court designate a new amount in order for the amount to change.

 

[Zephyr]

OK, Listen CAREFULLY: The DCSS person said "IF" the case is closed, NCP would pay CP directly. WAIT UNTIL THERE IS CONFIRMATION IN WRITING that the case is closed.

THEN, once NCP has that confirmation...then NCP sends to CP the amount in the current Court Order for support. (Writing in the 'memo' area of each check "For Child Support").

CP CANNOT change Child Support amount, no matter HOW she calculates it. DO NOT change the amount of child support unless/until a new Court Order designates such. CP must file through the courts for Child Support Modification~ And have the Court designate a new amount in order for the amount to change.

why can't the ncp just go down and reopen it through cs-telling them the he insists on paying through the state?

 

[HOPENDEN]

Please listen to what everyone is telling you on this site. My husband did exactly that, because in his court order it stated that he had to pay through the courts of Wyoming, but because she asked him to pay her directly and she even gave him a written notarized letter from her stating exactly what she wanted. 3 years later she claimed that he did not pay her the child support even though we had all of the proof including that letter and the courts would not accept it. Needless to say it was considered a gift, a mighty big gift. He was giving her 1800 a month instead of 575 support and all of that was considered a gift. Speaking from experience please listen to what everyone is telling on here, this could come back and bite you both.

 

[fairisfair]

link posted for informational purpose only.

https://forum.freeadvice.com/showthread.php?t=334430

 

[NITM]

Thank you all so much - I'm printing this out right now. DCSS did confirm by phone that they received CP's letter requesting to close the case, but thankfully my husband does recognize that he should only begin to pay CP directly AFTER he's received "written" notification from DCSS, which he also told CP.

There is nothing in their court order about payments being considered a "gift", but I will still make sure he writes what you suggested on the checks.

I'm glad to hear that CP would have to file through the court to modify, so it sounds like that would basically be the same process it is now.

We just worry when CP does anything like this, as there is ALWAYS a reason why. . . it's either she's mad at something or it will provide loopholes for her get away with pulling more of her dirty tricks. Only have to put up with it for another 2.5 years!