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support plus arrears?

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CMSC

Senior Member
What is the name of your state? nebraska

You would think that I would know the answer to this but i don't so bear with me.

My ex is $428.77 behind in child support and
the order is for $100 a month. He was ordered to appear in court on Sept.13th for contempt but since he had a job they handed him a get out of jail free card and said he is ordered to come back Nov.8th to show that he is caught up.

My question is this, they are not garnishing his check as of yet. So he is responsible for the amount due. Can he send in $200 (he wont do it but I am just asking) and have $100 go towards the current support and $100 to towards the arrears or would it carry over to the next month?

Also if they garnish his paycheck will they include the arrears in it or does there have to be an order for support plus and amount for arrears?


Ohh, I have one more question. How many chances do they give an NCP to pay up, this has been the third time he was given a chance to get a job and pay up. Anyone have any experience?

Okay I have one more question, then I will stop! In the order it says he is to get insurance IF it is provided by his employer. Does this mean he can never be held in contempt for not carrying insurance and will the court hold him in contempt for not paying half of unreimbursed medical like the order states? I know many people have had to go to small claims to get this done.
 


karma1

Senior Member
well, having just gone through this...

with my hubby, let me see if I can shed some light-in CA, of course-
all of the money, whether it be arrears or current and the due date all depends on the court order-
in my hubby's, it states that both are due "each month"-no date-just that he has to pay the amount within the time limit of each month-
so, as far as the employer goes-it can be worked out several ways-which is obvious since some employers pay weekly, eow or even once a month-
and since it goes to another state (not sure if your does or not) there is also a 10 day grace period before it is marked for more arrears-
Also-in CA-the new court order can take anywhere up to 90 days to go through-
Did you get your copy of the court order yet? That might clarify things more for you. I imagine the court order will reflect arrears (how much is to be paid on it) and current.
As for insurance-my hubby's original decree states the same thing-he is to carry kids on insurance if his employer provides it-and there is a verbal agreement to split uncovered costs. Only one time has this been an issue but BM would not provide receipt or doctors name so it became a non issue. I imagine if you are providing these things (info on cost, docs names, receipt's etc....) to dad, and you let him know in writing and he does nothing-why not try small claims?
:)
 

CMSC

Senior Member
Well first of all, there was no court order issued at the last hearing. It was just agreed by the judge and attorney that my ex would come back in 60 days to show he is caught up. that is it.

There was no ruling on arrears. The only order currently is that he is to pay $100 a month starting the first of the month. That is it...no word about arrears....the $100 a month was $50 a month but it was modified, so no order was needed for arrears on the $50 a month according to the county attorney.

I am so confused, so if there isn't an order for arrears is he suppose to pay it all at once? Does the employer still need to take it out?

As far as medical is concerned, I call him when I take the kids and then as soon as the bill goes through our insurance I send it to him (damn he is lucky he got ordered to pay half just as our deductible was met and the insurance is doing good for us now!) and tell him he owes 1/2. I ALWAYS pay the bill and then send him a copy that it has been paid, I don't rely on him to pay it directly to the company because then it wouldn't get done.

I don't think he is going to pay the arrears up he told me yesterday when I said I took my son to the doctor, "is it going to be very much? I don't have any money, when do I have to pay for my half?" I told him that when he gets a bill i will give him 60 days to pay it before I take him to court...does that sound reasonable?
 

VeronicaGia

Senior Member
If the court order does not mention 50% of uninsured medical, then he does not have to pay it. You need a new court order stating this in writing.

And if his employer does not provide insurance, he is not in contempt.
 

CMSC

Senior Member
VeronicaGia said:
If the court order does not mention 50% of uninsured medical, then he does not have to pay it. You need a new court order stating this in writing.

And if his employer does not provide insurance, he is not in contempt.
I guess i didn't make clear that the $100 order does state, "If employers offer insurance it is to be maintained. Defendent is to pay half of all medical expenses".
Sorry.
What if his employer does provide insurance but it would not be feasible for him to get it (if he got it he wouldn't be able to afford support).
 

karma1

Senior Member
I don't blame you for the counfusion...

could you possibly get a copy of the hearing transcripts? I don't know of anyone who actually has done this but my brother was in court Tuesday and one man got copies-but it cost like a 1.25$ a page-
It sounds like he has until next court date to pay arrears all at once-so it may not be going through his employer-he may have to do this on his own-
I believe if there is no court order for employer to take out arrears, they do not have to take it out-however, I have heard of people setting up the amount to be taken out by employer and sent to whereever it needs to go.
Insurance issues-keep asking, keep sending, keep sending requests in writing-60 days is reasonable, I think anyways-
small claims court costs like 25$ to file here and that can be waived-let dad know that will be your next course of action and I believe court costs can be added on for him , too-
just a thought-
Insurance from employer, in hubby's decree-has to be at a reasonable cost, too-you might want to look and see if that is stated in yours? such a racket this insurance business, huh? lol
 
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CMSC

Senior Member
It doesn't say anything about reasonable insurance in my papers.

I called the clerks office and they read the transcipt to me, all it said was that he informed the courts he was working and they postponed contempt charges and sentencing until Nov.8th.
I am going to call my caseworker again.
 

Grace_Adler

Senior Member
I agree with LW. If there is no court order for him to pay in the arrears with his regular payment then the employer is not responsible to take it out. Only what the order says. But he's still responsible for them. So they're giving him until Nov. 8th to get caught up. If he walks in there without any money I don't know what they will do. You're state is more hestitant than mine to do anything or put people in jail. If there was an order,here, it would be effective immediately and CSE would send a letter to the employer ASAP to adjust the amount they are taking out of his check (to catch up on arrears). The employer isn't responsible to take it out without a court order. As long as he is current when he walks in that court room then they will most likely dismiss the case. If not, I don't know. Like I said, he would have already been in jail here.

Most of the time, if it's not listed in the papers, then you're state will follow the guidelines, which if your state is like mine, it will be insurance at a reasonable cost. However, I don't think they follow through with the reasonable part here. I think if the employer offers it they still make you get it, even if it's $300 a month. They don't care and they do what they want. So if that's the case (through the employer at reasonable cost) and the employer doesn't offer it or it's not "reasonable" then he's not in contempt. I have no idea what the court considers reasonable.

I think about giving him 60 days is a good figure.Anywhere from 30 to 90, whatever you feel comfortable with.

Hope all that made sense.
 

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