Child Support - Erratic payments

[Fairy4]

What is the name of your state? VA

I have a court order (issued at the end of March this year) for custody, visitation and child support (child support started 4-1-06). In the order the NCP has to pay weekly (on Friday). He paid as schedulled the month of April. During May he missed 4 payments and said that he'd get current by the next week...which didn't happen. Since then, he's paid as scheduled for 2 weeks...adding $8 extra to each of the 2 checks.

Should I just nip this in the bud and take this back to court, before he's thousands of dollars in arreages? He's already almost $700 behind now...and to be honest I can see this becoming a pattern very quickly!

 

[NotSoNew]

does he pay you directly or through an agency?

most states require the NCP be a certain amount of time in arrears before you can file for contempt. you would have to check your states rules. so now he is paying every week but adding in back monies for the 4 weeks he missed? I dont think it would be worth your while to file contempt at this time.

 

[Fairy4]

I searched for our state's guidelines concerning this issue, and I haven't found anything that sets "x" dollar amount. My concern is that this order is barely 2 months old, and NCP has already missed 4 payments.

Can I petition the court to have CS taken directly out of his paycheck? As of right now NCP pays it directly to me.

 

[CJane]

I searched for our state's guidelines concerning this issue, and I haven't found anything that sets "x" dollar amount. My concern is that this order is barely 2 months old, and NCP has already missed 4 payments.

Can I petition the court to have CS taken directly out of his paycheck? As of right now NCP pays it directly to me.

Call whatever agency your state uses for child support enforcement services. I know that in my state, if CSE sets up the order for child support, it is automatically done as an income withholding unless the payor puts up a cash bond equal to the amount of 3 months' support and has been at their place of employment for at least 12 months. If the order is issued through the courts and the judge does not order income withholding, then the payor can choose whether or not to have CS withheld from their payroll. Either way though, the money goes to CSE first and is then issued to the payee. However, until the NCP is a certain amount in arrears (not $ amount, but months behind), I cannot request that the amount be withheld from his checks... only he can.

 

[Silverplum]

http://www.dss.virginia.gov/family/dcse.html

VA CSE link.

 

[fairisfair]

http://www.dss.virginia.gov/family/dcse.html

VA CSE link.

that was nice, thank you S!

 

[Silverplum]

that was nice, thank you S!

Thank you, F!

 

[fairisfair]

Thank you, F!

I have my moments, when I'm not being a biatch to Mrs. K or the newbies!!

 

[Silverplum]

I have my moments, when I'm not being a biatch to Mrs. K or the newbies!!

[[[love-fest within a hug!]]]

 

[Fairy4]

Thanks Silver Plum & CJane!

The court ordered him to pay the CS directly to me, so I would have to go back and petition the court to get CSE involved?