Intent to increase Child support

[billiewood]

What is the name of your state? Nort Carolina

My fiance recieved a notice in the mail of intent to increase child support to 40% of his dispoal income. It states that Records indicate he is $181.56 overdue.
We are trying to figure out how, his child support is done through employer payment. Nc Centerlized Collections take it out of his pay check. He gets paid byweekly we have the pay stubs that show where the money has been taken out. I don't understand how he can be behind if it comes out of his pay check he has no control. He has also picked up medical coverage ($180 a month) for his kids which his ex says she will not use that she wants to keep medicaid so she has no co-pay. Can she do this?
I read over this letter and it says we can contest it. Which we plan on doing he can not afford to have 40% of his pay taken. We have the paystubs that show his child support has been taken out and the paper work that states he has insurance coverage on the kids and I requested and recieved from the child support office a listing of his child support payments and how the payments were credited. My question is with all this proof he has been paying when we contest and have a hearing does he stand a chance?

 

[babymakesone]

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp

Go to this website & plug the income numbers in & see what you come up with for the child support.

The mother of the child(ren) can ask for any amount that she wants; it is up to the courts what she will get, unless they can come up with an agreement before then.

Employers have 2 weeks, I believe, to send payments in to the state. He may have a support payment deducted on the 29th of the month, but it doesn't get to the state until the following month. When he got the Affidavit of Arrears, does it show what he says or what the Report says?

With the health insurance, most states want at least one parent to provide the health insurance. I can't imagine that the judge will look highly on him paying for insurance & her using the state's insurance. She can continue to use whatever insurance she wants (my SS actually has 3 policies - NCP's, CP's & the state's). The father can't force her to use his, but he can ask that it be figured in the new child support amount. Medicaid is supposed to help with deductibles & co-pays for low-income people.

Does he have a chance of his child support not being increased to 40% of his income? It will depend on what the child support calculator says. How many children are you talking about? Is there child care involved? What kind of custody is involved?

https://nddhacts01.dhhs.state.nc.us/home.jsp?TargetScreen=WorkSheet.jsp
You may also want to familiarize yourself with things on this website also.

Also, remember that there is no we in this. This is between your fiancee & his ex. There is a chance that you may not be able to even attend the hearing; the ex can contest you being there.

 

[billiewood]

child support has already been set up

He signed an agreement a year ago the child support office said he was to pay $170 a month plus cover the kids on his insurance. Which he has been doing. He got a new job 4 months ago and gets paid byweekly now instead of weekly. Since he got this job all of a sudden he is a month behind but yet his paystub show where it has come out and I went on the child support website using all his informantion and it show were it has been credit to his account.

So she has been getting her child support just not weekly she gets it byweekly for the amount the Child support office set up for her. What I don't understand is the amount the CS setup is the amount coming out of his check so how can they say he is behind.

 

[LdiJ]

He signed an agreement a year ago the child support office said he was to pay $170 a month plus cover the kids on his insurance. Which he has been doing. He got a new job 4 months ago and gets paid byweekly now instead of weekly. Since he got this job all of a sudden he is a month behind but yet his paystub show where it has come out and I went on the child support website using all his informantion and it show were it has been credit to his account.

So she has been getting her child support just not weekly she gets it byweekly for the amount the Child support office set up for her. What I don't understand is the amount the CS setup is the amount coming out of his check so how can they say he is behind.

It may have been due to a lag in the wage assessment getting started with his new employer. It could also be due to a lag in his employer submitting the payments to the state. However, a Byweekly pay schedule usually does cause some arrearages to show throughout part of the year, and an overpayment to show during other parts of the year. That is totally normal if the child support order is a monthly one. However, by the end of the year it balances out.

However, since his arrearage is more than a month's worth...then most likely its due (at least in part) to some lag time.

 

[billiewood]

I understand he may be a month behind we have mad arrangements to pay that and for him to sign an incompliance notice that he has caught his payment. What I don't understand is the notice they sent us that states intent to increase income withholding to 40% for non-childsupport payment he has his paystubs that show where it has been taken out every pay period.

I also understand the deal with the byweekly and I don't think the cs worker has researched it like she should.

I mean here you have a man that has done everything his child agreement says. He set up his payments through employer payment and he has the required medical coverage on them. Which his ex is saying she is not going to use she wants to keep using medicaid so she doesn't have a co-pay. I am wondering if we should get a lawyer when we contest this 40% withholding issue.

I would understand if he was just not paying his child support and not trying to take care of his kids but that is not the case.

 

[LdiJ]

I understand he may be a month behind we have mad arrangements to pay that and for him to sign an incompliance notice that he has caught his payment. What I don't understand is the notice they sent us that states intent to increase income withholding to 40% for non-childsupport payment he has his paystubs that show where it has been taken out every pay period.

I also understand the deal with the byweekly and I don't think the cs worker has researched it like she should.

I mean here you have a man that has done everything his child agreement says. He set up his payments through employer payment and he has the required medical coverage on them. Which his ex is saying she is not going to use she wants to keep using medicaid so she doesn't have a co-pay. I am wondering if we should get a lawyer when we contest this 40% withholding issue.

I would understand if he was just not paying his child support and not trying to take care of his kids but that is not the case.

Catching up his child support will probably take care of the matter. Make sure that he takes his pay stubs and proof that he has caught up his support to court.

 

[billiewood]

Yeah that is what the cs worker told us last week. She said to send it in when he gets paid on the 13th and to come in her office on July 22nd to sign a incompliance letter stating his child support has been caught up. But then this week she turns around sending us a letter saying that in 10 days they are going to increase his childsupport to 40% of his income if he doesn't contest it in writing.
Which I did first thing this morning and faxed it to her. I have a conformation that it did go to her office.
It is like every other week she says something different.
What gets me is his ex's boyfriend is $10,000 behind in childsupport and they are going to lock him up when he goes to court in August if he has not paid what the court says he has to pay to keep from going to jail. She, (the ex), thinks it is wrong for the cs office to do this to him that he should not have to pay the child support but yet she is wanting to hang my fiance for $180. She has even said her brother should not have to pay child support.
When I first started seeing my fiance he was paying her $100 a week becasue she had him believeing if she went to the cs office she would get $250 per child a month regardless of his income (they have 2 kids)
I told him if $100 was what he wanted to pay that was fine becasue they are his kids but that he was paying more than the cs office would have him pay. Well he had to have knee surgery and was out of work no pay for 4 months and he told her he was not able to pay. She expected me to pay it said if we didn't he would not see the kids. I told her I would buy pull ups for the youngest every week but I have 2 kids of my own to take care of. That was not good enough she said fine I will go to the cs office and you will have to pay more and will go to jail since you can not pay it. I told her to go. Guess what she went and they did not make him pay till he started back to work because he had a doctors note and when he did got back to work he was ordered to pay only $170 a month, instead of the $400 a month he was paying, and to cover the kids on his medical insurance.
Since then it has been a total nightmare. She calls cussing and rasing hell that he needs to give her more money. He still goes and buys the kids clothes and shoes but does not give her anymore money and she raises hell because he is not putting the money directly in her hands. She even had their daughter call one time and say Daddy I am going to have to go to school barefooted becasue my mama says you won't buy me shoes.
I believe that a man should take care of his kids they are just as much his responsiblity as they are hers. But some women can get just right down greedy and no matter what you do it is never enough. I remember giving her $100 dollars one Friday when we went to pick up the kids, she was going out of town, and then turn around on that Monday and call and say the youngest needed pull ups and she didn't have the money to buy them. Out of $100 she could not buy that kid pull ups how is that?

 

[nammas2005]

Not a lawyer but - in TX they told my daughter that they recalcualte the CS every 3 yrs - sooo if its been more than 3 yrs that may be why she's trying to get it raised. Best thing to do is keep detailed records of every $$ sent as CS and every $$ spent on OTHER expenses so that when AND if she goes back to court you are prepared -

 

[billiewood]

No their child support agreement has only been set up for a year. She has been mad about the amount the cs office said she was going to get from day one. She has been trying anything to get it raised. So far nothing has worked. She tried to convince the cs off he lied about how much he made but they had his paystubs and the papers his employer filed so that backfired on her.
Now that he gets paid byweekly it has really fired her up. She keeps saying she is not getting a check. But she is getting one ever 2 weeks I tried to explain that to her she keeps saying it is not enough. I tried to explain to her that every quater she will get 3 checks for the month instead of 2 and it makes up the differnce. That is how it works when you get paid biweekly. Well she was not hearing all that so she started calling and complaining to the cse that she was not getting her checks. So here we go again. So now my fiance has decided to go to court he has his paystubs that show his money is being taken out and he has a payment history from cs that goes back 6 months that show were it is getting credited to her account and he has his medical insurance papers showing where he has the kids on his insurance. Maybe if she has a judge explain it to her she will understand then.

He takes care of his kids. Has them every weekend and any other time we are off. He pays his child support and keeps his kids in shoes and clothes on top of that because she always calls saying she don't have any money.
I have come to the conclusion that no matter what he pays or does it is never going to be enough to her.

 

[billiewood]

Update

We contested the intent to increase the child support to 40% of his income. I sent the clerk of court a copy of his payment history for the last 6 months and I talked to her. She sees it the same way we do she could not find where he is a month behind either that it doesn't makes any sense. So now he is waiting for her to call back with a hearing date.