Do they deduct it automatically?

[kittien2000]

What is the name of your state? California
Does the court order that child support be paid out of the NCP's paycheck or is that something that will only happen if they are deliquent. The reason I ask is that the NCP is trying to play games with dating checks for the agreed upon date and then not mailing them until days or weeks later. We are currently awaiting our OSC date and there is no order as of yet.
Can I ask that the state, or employer issue checks rather than the NCP?
I would just rather not have any game playing.

 

[critterperson]

What is the name of your state? California
Does the court order that child support be paid out of the NCP's paycheck or is that something that will only happen if they are deliquent. The reason I ask is that the NCP is trying to play games with dating checks for the agreed upon date and then not mailing them until days or weeks later. We are currently awaiting our OSC date and there is no order as of yet.
Can I ask that the state, or employer issue checks rather than the NCP?
I would just rather not have any game playing.

Kittien2000,

Keep the envelopes and make a copy of the check and envelope together (then cash the check)....You can buy a printer that has a copier built into it for under $100. The envelope has the postmark on it with the date it was mailed and this could be used to substantiate your claim that the ex is playing games....This was used in court by my attorney and the judge ordered that the NCP pay through the courts= No more games

P.S don't let him know you are doing this- the element of supprise works great--The look on his and his attorney's face was priceless

 

[djohnson]

You can also ask the court to have it done this way. The copies may not necessarily work and once it's opened he could claim you got the check earlier and that was a letter to the child or anything.

 

[critterperson]

You can also ask the court to have it done this way. The copies may not necessarily work and once it's opened he could claim you got the check earlier and that was a letter to the child or anything.

Thats why consistency is the key, If he has to pay CS twice a month and she has an envelope for every check... he would have a hard time convincing a judge that she kept the check until another letter came in for her child in order to FRAME him for messing with cs......... But I can see your point.... Most likely the judge would just order it paid through the courts.

 

[DOS2005]

Reply to Kittien2000

What is the name of your state? California
Does the court order that child support be paid out of the NCP's paycheck or is that something that will only happen if they are deliquent. The reason I ask is that the NCP is trying to play games with dating checks for the agreed upon date and then not mailing them until days or weeks later. We are currently awaiting our OSC date and there is no order as of yet.
Can I ask that the state, or employer issue checks rather than the NCP?
I would just rather not have any game playing.

[B
Here in Florida When an order is issued, if the person who needs to pay it is employed by a company other than being self employed, The company takes the money from his paycheck for the child support. (You can make arrangements as to how to do this whether you want it coming from only one paycheck or split up in each check. ) Anyway the company deducts the CS amount from your checks and they issue a check to the state. The state then pays the Recipient the support. When a person is self employed the State can garnish bank accounts but normally arrangements can be made so that the payer can send the state either the money by personal check or money order without having the Bank account garnished or having to do a direct deposit, however if that's easier direct deposit is an option also.

 

[Silverplum]

Divorce law varies wildly from state to state -- CA and FL may have next to nothing in common.

OP, look up your state's laws on garnishment, or wage assessment, or wage withholding. It could be called any of those terms.

If the father is not being garnished already, it's probably something you'll have to request in a modification, or in whatever upcoming "OSC" thing you're waiting for. Keep up your documentation, because you'll likely need a reason for garnishment.

 

[Birdi]

Silverplum & Kitten2000 -
I know that the State of California practices wage withholding because they did it to my fiance years ago.