Court Ordered Dental Procedure and How to Pay for it.

[LdiJ]

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.

I believe that child support gets priority before any other garnishment, so wouldn't it be after tax and after child support as well?

 

[RDraovac]

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.

I'm not concerned about child support. They will impute my wages and I've accepted that. I need to transfer her 150 and wait and see what happens. It's true that she may just keep it. I am not on the judges good side. Although she didn't find me in contempt, she is not happy with me because of the way this was portrayed. I'm also being forced to get new medical insurance with 100% preventative coverage and was deadlined 30 days by the judge. This is impossible thanks to Obamacare. I emailed the judicial assistant about this today and she basically said, good luck.

 

[RDraovac]

For those of you unfamiliar with the marketplace, it opens for shopping on Novemeber 15th but open enrollment isn't until Jan 1. Judges ruling states new health insurance within 30 days. Who am I kidding? I'm going right back to court and I'll pray that I'm not found in contempt.

 

[PayrollHRGuy]

I believe that child support gets priority before any other garnishment, so wouldn't it be after tax and after child support as well?

You misunderstood what I was saying. The maximum non-CS garnishment can only be 25% of disposable wages. Disposable wages are NOT reduced by CS. Gross Wages - Taxes = Disposable wages.

 

[HRZ]

IF you made an offer and she rejected your offer I think you unwise to merely deposit $150 monthly in her account ....as others post, set it safely aside ..if you merely give it to her , on a bad day the judge could treat is as a gift and you get zero credit for a gift ...OK the flip side is she acquiesces to the plan by acceptance of the check ....but be darn careful, especially if you sense you are being set up to fail.

Impossibility to add child to your insurance until a later date is probably a decent defense against contempt...but I'd sure super well paper the point PLUS paper that no similar cost insurance was available to me .and I'd be lined up to have the insurance in place on the first window allowed by regulations ...not merely "Shopping" but signed up!

 

[RDraovac]

IF you made an offer and she rejected your offer I think you unwise to merely deposit $150 monthly in her account ....as others post, set it safely aside ..if you merely give it to her , on a bad day the judge could treat is as a gift and you get zero credit for a gift ...OK the flip side is she acquiesces to the plan by acceptance of the check ....but be darn careful, especially if you sense you are being set up to fail.

Impossibility to add child to your insurance until a later date is probably a decent defense against contempt...but I'd sure super well paper the point PLUS paper that no similar cost insurance was available to me .and I'd be lined up to have the insurance in place on the first window allowed by regulations ...not merely "Shopping" but signed up!

Wonderful advice. Wish i found this place sooner