need some help

[godundastandzme]

What is the name of your state? massachusettes

My husband is 36 and he has 5 children. He was young when he had his children, and has not had one in 11 years. There are 5 kids, 4 mothers. Our problem is this: He pays $350 dollars weekly for child support, which leaves him with under $200 for himself. Due to this we have moved in with my in-laws, and he has given his vehicle back so that he can take care of his children. He owes allot of money in back support as he had some problems in the past and did not pay, but for the last 6 years he has been paying. Well, the other day one of the kids mothers brought him to court for contempt saying he missed A payment. The judge stated that he was not in contempt, and that he was actually over paid according to what should have been paid by that date. But what he did do is require him to pay her $1500.00 every ninety days. He, nor us together can afford this, and this is only for one child. Another one of his kids mothers heard about her order, and is taking him to court this month. There is no way he can pay this, never mind a similar order for each mother. Of course all the mothers have section 8, and every other government aid, and do not spend nearly what he pays on the children. Also, we take them every weekend, and the mothers never send them with any money, so we usually spend a ggod amount to entertain them as well. I was just wondering if anyone else has been in a situation like this, and what his options are. Sorry so long winded, but I don't know what to do. Thanks,

 

[Just Blue]

There is nothing for YOU to do...This has nothing to do with you. Your hubby could get another job to support the FIVE children he made by age 25 with FOUR mothers!! I would give you the advice of not having a child with this man as he can't support the ones he already has...

 

[Silverplum]

Are all of the CS orders from MA?

 

[godundastandzme]

I asked for help, not your judgement, and the mothers could have made the decision not to have baby number 3,4,and 5 as well. Anyways yes, they are all out of ma. And if it matters, he has a job that he makes good money at, and is in school, and he also works a part time job on the weekends. Also, I forgot to mention that one of the children lives with us, but he is still paying the support in fear that if he takes it to court to get it adjusted that she will be vengeful and try to up the current order to get more money for the arrears. Is there some type of hardship policy where they can't require you to give all your money, or at times more than he makes? And is there any way that the mothers be required to show where the money is going? As I said before they all get government asst. don't have any type of account set up for the children and he provides the health insurance for all of them. Each of the mothers also have more children (not by my husband) and do not get CS for them. I am not disputing that he has allot of children, or that it is his responsibility to provide for them, but it seems unfair to me. Hope someone could offer some guidance.

 

[Silverplum]

I asked for help, not your judgement,

and the mothers could have made the decision not to have baby number 3,4,and 5 as well.

So could he.

Anyways yes, they are all out of ma.

Then here is a link to MA CS info:
http://ocse.acf.hhs.gov/ext/irg/sps/report.cfm?State=MA

 

[Gracie3787]

What is the name of your state? massachusettes

My husband is 36 and he has 5 children. He was young when he had his children, and has not had one in 11 years. There are 5 kids, 4 mothers. Our problem is this: He pays $350 dollars weekly for child support, which leaves him with under $200 for himself. Due to this we have moved in with my in-laws, and he has given his vehicle back so that he can take care of his children. He owes allot of money in back support as he had some problems in the past and did not pay, but for the last 6 years he has been paying. Well, the other day one of the kids mothers brought him to court for contempt saying he missed A payment. The judge stated that he was not in contempt, and that he was actually over paid according to what should have been paid by that date. But what he did do is require him to pay her $1500.00 every ninety days. He, nor us together can afford this, and this is only for one child. Another one of his kids mothers heard about her order, and is taking him to court this month. There is no way he can pay this, never mind a similar order for each mother. Of course all the mothers have section 8, and every other government aid, and do not spend nearly what he pays on the children. Also, we take them every weekend, and the mothers never send them with any money, so we usually spend a ggod amount to entertain them as well. I was just wondering if anyone else has been in a situation like this, and what his options are. Sorry so long winded, but I don't know what to do. Thanks,

What does the order state, in exact words?

It almost sounds like a purge amount, but a Judge cannot order a purge without making a finding of contempt.
That's why it's important to know EXACTLY what the court order states in reference to the payments, and whether or not a finding of contempt was made.

 

[milspecgirl]

they can't take more than a certain % of his pay. it is different for every state- for instance in alabama it is 65% if they are more than $x in arrears and not supporting another family. Look up guidelines for your state on the max they can take from his check. His arrears will continue to build though
They can order a purge based on his arrearages for each mother and he has no choice but to pay
no, CS is not accountable. It is used to pay for housing, transportation, food, clothes, utilities, medicine, coloring books, school supplies, etc

 

[Just Blue]

they can't take more than a certain % of his pay. it is different for every state- for instance in alabama it is 65% if they are more than $x in arrears and not supporting another family. Look up guidelines for your state on the max they can take from his check. His arrears will continue to build though
They can order a purge based on his arrearages for each mother and he has no choice but to pay
no, CS is not accountable. It is used to pay for housing, transportation, food, clothes, utilities, medicine, coloring books, school supplies, etc

They can't garnish more than a certain amount but they CAN order more. There is something that OP is not sharing either because she doesn't know or because she is deliberately misleading.

 

[Gracie3787]

they can't take more than a certain % of his pay. it is different for every state- for instance in alabama it is 65% if they are more than $x in arrears and not supporting another family. Look up guidelines for your state on the max they can take from his check. His arrears will continue to build though
They can order a purge based on his arrearages for each mother and he has no choice but to pay

The federal law is what limits the max amount that can be garnished, although some states have laws that have a lower amount. It's in the Consumer credit Protection Act Title 15 chapter 41.
http://www4.law.cornell.edu/uscode/#TITLES

I asked the OP what the order actually states since she said that he husband was NOT found in contempt. A purge cannot be ordered without making a finding of contempt. Although payments of arrears can be ordered in a contempt hearing, the payments would be a small percentage of the current support, paid weekly or monthly. The amount and times of payment OP's husband has been ordered sounds much more like a purge amount rather than arrears payments.

 

[rwell]

Question

STATE:New York

Custodial parent and non-custodial parent want to remove cs from the State of New York's payment system. Both have agreed that this system is flawed and have come to a mutual agreement for payment. What is required to remove the state from the equation??

 

[Shay-Pari'e]

STATE:New York

Custodial parent and non-custodial parent want to remove cs from the State of New York's payment system. Both have agreed that this system is flawed and have come to a mutual agreement for payment. What is required to remove the state from the equation??

Start your own thread please.