Deadbeat MOM! what can we do?

[Confusedtoo]

What is the name of your state? fl

Okay here is the scoop. My ex wife (lives in TX) has not paid child support... But, she has been able to pay $600 a month for her chapter 13 bankruptcy....

Is there any person who I can contact to see if that money can go towards the support and not the bankruptcy?

There is a income deduction order but, she told her employer "since I am a contract labor, I have to send in the check not you"... so her employer has NOT taken out the support either... and I know they can get into trouble too... but I'm not sure on how.

I know everyone will tell me to contact an attorney... and I will.. one of these days... I would like to see what I can do first, if anything because... we all know that an attorney has to get paid first..... and that's out of my pocket... which is running kinda low right now.

Any suggestions?

 

[LdiJ]

What is the name of your state? fl

Okay here is the scoop. My ex wife (lives in TX) has not paid child support... But, she has been able to pay $600 a month for her chapter 13 bankruptcy....

Is there any person who I can contact to see if that money can go towards the support and not the bankruptcy?

There is a income deduction order but, she told her employer "since I am a contract labor, I have to send in the check not you"... so her employer has NOT taken out the support either... and I know they can get into trouble too... but I'm not sure on how.

I know everyone will tell me to contact an attorney... and I will.. one of these days... I would like to see what I can do first, if anything because... we all know that an attorney has to get paid first..... and that's out of my pocket... which is running kinda low right now.

Any suggestions?

You can't mess with the bankruptcy...that is federally court ordered. You might have been able to be included in the bankruptcy if you had intervened at the time...but you can't mess with it now. Although an attorney might possibly be able to get you added. That doesn't mean that you would get the money INSTEAD of it going to the creditors...it would only mean that she would be required to include the CS money in her payment to the court, and the court would dispurse it to you.

If she is a legitimate contractor then no, the company that pays her really can't withhold child support. There can be exceptions to that but its quite complicated...again requiring an attorney and no guarantee that it can be done.

 

[Confusedtoo]

I contacted the courts here, they told me that regardless if your a contract labor/regular employee or receiving unemployment... "your getting paid" and therefore it has to be taken out..period.

She only became a contract labor (per say) after the divorce was final and she found out that she has to pay support.

She also filed for bankruptcy a year prior to the divorce (yes, we where seperated)...again I am told that child support supersedes the bankruptcy.

I'm just mad because she does not want to pay any support and continues to party and pays for her bankruptcy while telling our teen-age daughter that "I put her in this situation"... the bad guy of course!

I know, I know..... I need to call my attorney

 

[betterthanher]

I contacted the courts here, they told me that regardless if your a contract labor/regular employee or receiving unemployment... "your getting paid" and therefore it has to be taken out..period.

And those people at the court are NOT financial advisors nor are they financial attorneys. LdiJ, from what I've read from her previous posts, is more experienced in this than those people you talked to at the court house.

She only became a contract labor (per say) after the divorce was final and she found out that she has to pay support.

She also filed for bankruptcy a year prior to the divorce (yes, we where seperated)...again I am told that child support supersedes the bankruptcy.

You were given slightly confusing info. A child support OBLIGATION does not go away when one files bankruptcy.

Again, these people at the court should just stick to what they know: filing paperwork because they gave you WRONG information in regards to her withholding as well. Because she is considered a "contract laborer", she is NOT considered an employee of that company. It's "freelancing", per se. Because she is not considered an employee, they are not required to withhold support payment.

She must pay it. The longer she continues to skip, the more she in arrears she will be. The only thing you can do is file contempt charges against her.

I'm just mad because she does not want to pay any support and continues to party and pays for her bankruptcy while telling our teen-age daughter that "I put her in this situation"... the bad guy of course!

I know, I know..... I need to call my attorney

Yes, call your attorney. There are only certain things you can do. I know people hate to hear it, but it is the truth. You want the support for the child NOW or waaaayyy later? How quickly you call an attorney will be the answer.

 

[BelizeBreeze]

I know everyone will tell me to contact an attorney... and I will.. one of these days...

And one of these days I'll give you the correct answer.

 

[Confusedtoo]

Foul Play... update!

My attorney called her employer.... guess what...

they never received the income deduction order... why????

Because SHE is the one who opens up the mail.... ummmm

My attorney faxed them a copy today and also mailed one.... maybe now, I'll get something..

Thanks for everything!!