question

[lisagr33]

What is the name of your state?TN My ex and I went back to court to determine if child support should be raised to meet the new child support guidlines in Tennessee. It was raised which I have no problem with. I want to support my children as much as I can. I have two questions. First, our court order says that during the summer months due to parents sharing weeks the child support shall cease. Back in March he began, through the state, taking the money out of my paycheck (again no problem with that). However, it was taken out of my paycheck during the months he was not to get it. He was not going to mention that until my attorney brought it up in front of the attorney for the state. The state attorney said that I would get credit for that. What do they mean by credit? Second, when my ex started going back to school for his nursing degree he asked me to help him with the after school care for our children (not a problem with that). He stopped paying completely. However, when I told him that for financial reasons I was no longer going to be able to pay he threatened to take me back for more child support. Can he do that? I have no problems taking care of my children and supporting them. However, I do have a problem with giving him money that I thought was to take care of our children, not to pay his bills. But, according to state law I am not required to know what he is using the money for. He did call me one time before the support began coming out of my paycheck and asked me to give him his child support early because he needed to put it in his account to cover some checks that he had written. Any advice would be greatly appreciated.

 

[Zephyr]

the credit means that rather than the state cutting you a check for the overpayment, they will keep track of the credit for you and administer it likewise.

so maybe next summer the money will stop being garnished a little sooner and won't start again until later, or on the short months, when technically almost everyone kind of is in arrears for 2 weeks or so, the money would be applied then and you would not end up playing catch up.


do not send him any money other than what you send through the state, if the children need something more, then buy the item for them.

 

[lisagr33]

the money wasn't garnished. I paid him every month. The reason he went through the CSD is because he was moving out of state and didn't want the hassle of waiting for my check to arrive in the mail. I have no problem buying things that my children need. He threatened to take me back to court for more child support if I didn't help him pay the after school bill.

 

[VeronicaGia]

He doesn't garnish your wages, the state did. Does your employer have a valid copy of the court order that specifically states from what date to what date they are not to take support?

 

[lisagr33]

Again the state did not garnish my wages. They simply requested that the child support be taken out of my check. I always paid him the child support every month. He had it taken out because he was moving. What difference would it make whether or not my employer had a copy of the CO? The woman I spoke to at CSD said they knew it wasn't to come out. Does my employer need a copy of the CO?

 

[Zephyr]

in order for them to know when to stop it and start it they do, they need something to go by.

 

[stepmom&mom]

Are you sure that when they say you will get credit, they don't mean that the number of days you have the child will be factored into the calculations? I know that's how it works for us, and we still pay every month (even when we have my dh's daughter in the summer) but it is an overall smaller amount.

 

[flgirl2u]

If your employer is withholding money out of your check and sending it to the state, at the state's request, that sounds like an income deduction. Unless the court order is very specific as to what dates to withhold or "not" withhold than I think that you are going to have to request a credit each time that it qualifies that you wouldn't have to pay support. In other words, if you are supposed to pay X amount of dollars per month than the employer is required to withhold X amount of dollars per month.

 

[stepmom&mom]

You might want to check out page 47 of the following guidelines:

http://www.state.tn.us/sos/rules/1240/1240-02/1240-02-04.pdf

It appears that there is a parenting time adjustment to the amount of child support which means it is calculated into the total obligation if I am correct.

 

[lisagr33]

As for specific dates it does not mention specific dates. All CO says is that during the summer months that child support is supposed to cease while parents alternate weeks.

Stepmom&mom-thanks for the website. I will look at it.