Turned order over to child support enforcement, questions about process

[PlaysWithSharks]

What is the name of your state (only U.S. law)? MO is the state of the order

I have an order set for child support, I am the custodial parent. Other parent paid me directly, saw no need for garnishment as we had always been amicable and he paid voluntarily prior to the order (we went to court for an order at the insistence of his wife) and continued paying me directly for several years. Starting in January 2009 he began paying sporadically at a lower amount he decided (he did change jobs) and then stopped altogether. He has never filed for a modification, he just hasn't paid anything since early 2011.

Other facts that I'm not sure are pertinent...he has several other children much younger than our child (with his now estranged wife), I have three others with my husband. I am disabled but at the time of the order was making $50,000 or so, although the amount in the order was one we just agreed on but was close to what the formula would have been. I have no problem having an income imputed for me although I truly can't work at present. I moved out of state, he still lives in MO. I electronically filed to open a child support enforcement case through MO. I did mail a notarized affidavit giving credit for what years he did pay, and I included the case number and amounts, his address, and how to find him. I also included a letter being very specific to make sure he does get credit for what he did pay.

I assume he will try to get a modification, which is fine...at this point, I'd be happy with $20 a week (before interest, he now owes over $20,000). But what is the process? The letter I received said 6-8 weeks, which seems fast...what happens if/when he tries to modify? Is everything held up until that is decided? Is it usually retroactive? I've tried to do research but timeline and the process seems to vary greatly.

I'm also afraid of the ramifications...his wife in my opinion should be institutionalized, and I assume she'll go insane when the correspondence starts arriving (they are separated but he still uses her address). How much of my information can she get? I'm not worried about my address but I'd greatly prefer not to receive ranting drunken messages on my phone like I did years ago.

Thanks to everyone who responds, I used to be quite active on this forum but no longer have the email associated with my old name and it has been a few years anyway

 

[Silverplum]

Bumped up so CJane sees this MO thread.

 

[PlaysWithSharks]

Thank you very much

 

[CJane]

Can you just clarify for me...

There has been an order in place for several years, but payable directly to you, not through DSS/CSE?
If the above is true - did you include a copy of the order with the correspondence to CSE?
Is your goal simply to have CS enforced/collected, or for prosecution? The process is different for each.

 

[PlaysWithSharks]

Can you just clarify for me...

There has been an order in place for several years, but payable directly to you, not through DSS/CSE?
If the above is true - did you include a copy of the order with the correspondence to CSE?
Is your goal simply to have CS enforced/collected, or for prosecution? The process is different for each.

Trying again since I was just logged out which probably saved you a lot of useless rambling on my part, since I don't know how much info to provide:

Yes, the order was finalized in 2004. The garnishment portion was waived, he was to pay directly to me, which he did until Jan 2009. Then it became delayed, reduced, and finally he just sent me $600 a few times between 2010 and 2011, nothing since. If you need more detail on the order which does also include custody stuff, please let me know. The order was fully agreed upon and signed by a judge, who only saw the attorneys, it never got far enough to be argued. Included was also us to each pay half of college but daughter is now a freshman and has it fully funded by scholarships and grants (yes, proud mom)

I'm not totally clear of the process, but I want help collecting. I filed with CSE electronically, I provided the case number and uploaded a screenshot of MO Casenet showing our case number and the amount he was ordered to pay. I also uploaded a letter with credit for what he has paid and arrears details, stating I would follow up with a notarized affidavit which was on their site, which I did (I mailed it a couple of days ago). I received a letter from CSE with a case number stating to give them 6-8 weeks a few days ago. I also provided his full name, birthdate, legal address, family information. I don't know his place of employment. I researched and CSE seemed the best solution, I'd turn it over to them and be happy if I got anything. I don't want to hurt him, but enough is enough. I never made a fuss because I didn't want the drama with his wife, it only hurt daughter and the money wasn't worth pursuing. She's a big girl now and doesn't have to deal with step. Now I'm worried that if she files for divorce it will be even harder for me.

I do have the order, but I didn't see that they asked for it, just the case number and place, which was the city of St. Louis.

Thanks CJane, I remember you being immensely helpful about MO stuff in the past.

 

[CJane]

Ok. Here's what I would do...

Call the 800 # that's on the DSS/CSE website, and prepare to be transferred about. Explain to the first person you speak to that you have a case #, but that you believe it's still pending - pending cases are handled by a different department. I'd give you that #, but it's not handy at the moment. They are IMMENSELY HELPFUL, believe it or not. When I've called, they've pulled the file, looked up information, provided me with email addresses and fax numbers to send documents to, etc.

You WILL want to send them an actual stamped copy of your order. Otherwise, they have to get it from the court, and that takes a LONG TIME. Offer to do so.

The remainder of that 6-8 weeks will be spent tracking down his employer so that a garnishment can take place. Once payments start being applied, you can track them online, and you'll be issued a debit card which the monies will be automatically applied to. One cool thing about the new debit cards - you can get additional cards on the account, so you could get one for your daughter to have at school, and easily transfer funds to it online.

I do have the order, but I didn't see that they asked for it, just the case number and place, which was the city of St. Louis.

Thanks CJane, I remember you being immensely helpful about MO stuff in the past.

You're welcome.

 

[PlaysWithSharks]

Ok. Here's what I would do...

Call the 800 # that's on the DSS/CSE website, and prepare to be transferred about. Explain to the first person you speak to that you have a case #, but that you believe it's still pending - pending cases are handled by a different department. I'd give you that #, but it's not handy at the moment. They are IMMENSELY HELPFUL, believe it or not. When I've called, they've pulled the file, looked up information, provided me with email addresses and fax numbers to send documents to, etc.

You WILL want to send them an actual stamped copy of your order. Otherwise, they have to get it from the court, and that takes a LONG TIME. Offer to do so.

The remainder of that 6-8 weeks will be spent tracking down his employer so that a garnishment can take place. Once payments start being applied, you can track them online, and you'll be issued a debit card which the monies will be automatically applied to. One cool thing about the new debit cards - you can get additional cards on the account, so you could get one for your daughter to have at school, and easily transfer funds to it online.)

Well, that was certainly helpful! I called the number on the letter I received and actually got right through to a very helpful human by just providing the case number. She said it is in enforcement review, and she verified that my uploads were received (screenshots and a letter). I told her that the affidavit was en route and asked if it would be helpful for me to send in the court order...she said sure, that would help. I believed you in the first place, but she had mentioned the process is to gather employment info, enforcement options, and court documents, so I wanted to make sure they didn't have to get their own copy anyway.

When you say stamped, I should send them my original? Or will a copy be fine? She gave me the fax line for it.

I was completely pleased (and told her so) that she verified many points of identity when I called, including phone number, so even if stepmom has my social, birthdate, and address, she'll not get through posing as me. That really did settle my mind.

I asked about modifications, she said typically that when they are requested (and it WILL be requested, I'm positive) that the amount sometimes lowers retroactively to the modification file date, but doesn't usually go back any further than that, the past amount remains collectible.

CJane, what have you seen in regards to modifications, how long they take, the process and the retroactive question? I'm just trying to be prepared because I know that is coming. From what it sounds like, though, they don't hold up collecting in the meantime, correct? Theoretically, if I send them the order, and they track down his employment which should be simple, I should start receiving something in a few months? And do they immediately start taking the monthly amount (assuming it is within allowable guidelines for garnishment) plus an amount they assign towards arrears?

The multiple card would be fantastic, and it will be so great to be able to just bring daughter home for a visit (she is 6 hours away at school driving and neither she nor I can afford a weekend visit or even spring break currently). I'd love to be able to transfer directly to her.

I'm still scared of fallout...daughter might be getting nasty calls herself. I feel like I should warn her, but I don't want to involve her...I don't want her to be blindsided either. Do you have an opinion about how to handle that?

 

[Zigner]

I'm still scared of fallout...daughter might be getting nasty calls herself. I feel like I should warn her, but I don't want to involve her...I don't want her to be blindsided either. Do you have an opinion about how to handle that?

How about this: "Honey, I'm sorry that you might be caught up in this, but your father and I have some matters involving child support that he may contact you about. If he does, please just tell him to give me a call and that you don't have any information about it."

 

[CJane]

When you say stamped, I should send them my original? Or will a copy be fine? She gave me the fax line for it.

Fax them your stamped copy.

I asked about modifications, she said typically that when they are requested (and it WILL be requested, I'm positive) that the amount sometimes lowers retroactively to the modification file date, but doesn't usually go back any further than that, the past amount remains collectible.

If he requests a modification through DSS/CSE, they CANNOT go further back than the month in which you're served with the notice.

CJane, what have you seen in regards to modifications, how long they take, the process and the retroactive question? I'm just trying to be prepared because I know that is coming. From what it sounds like, though, they don't hold up collecting in the meantime, correct?

Modifications vary widely. There are places all along the way where the timeline can be extended. Same case, the first one I did took 6 months. Second took 18. But yes, collection continues in the meantime.

Theoretically, if I send them the order, and they track down his employment which should be simple, I should start receiving something in a few months? And do they immediately start taking the monthly amount (assuming it is within allowable guidelines for garnishment) plus an amount they assign towards arrears?

Yes, yes and yes. Usually, the amount towards arrears is VERY small - 10% of the total monthly amount. So, a $500 order will only see $50 towards arrears each month. But, with collection through DSS/CSE, if he's due any tax refunds or has any casino or lottery winnings, you'll get those too.

The multiple card would be fantastic, and it will be so great to be able to just bring daughter home for a visit (she is 6 hours away at school driving and neither she nor I can afford a weekend visit or even spring break currently). I'd love to be able to transfer directly to her.

The additional card thing is very new, and I really like it. In fact, the whole system changed, and you can do online banking with the card too, set up bill pay, do direct deposit of payroll/tax refund/etc (which is what my 17 year old is doing with her card). It's a great feature when before it was strictly a debit card.

I'm still scared of fallout...daughter might be getting nasty calls herself. I feel like I should warn her, but I don't want to involve her...I don't want her to be blindsided either. Do you have an opinion about how to handle that?

Honestly, it depends on the child. Due to my kids' StepMother's behavior a couple years ago, I blocked her # from the kids' phones, and no discussion about anything was required. I'd wait and see if she's contacted by anyone, and how she reacts to the contact, and then decide what/how much/whether to share anything beyond what Zigner said.

 

[PlaysWithSharks]

How about this: "Honey, I'm sorry that you might be caught up in this, but your father and I have some matters involving child support that he may contact you about. If he does, please just tell him to give me a call and that you don't have any information about it."

Great advice. I may modify that and just tell her to let him know that she isn't involved in those kinds of issues...she knows we haven't spoken in years...I doubt he'll ask her anyway. It would be Stepmom and I'm pretty sure daughter would just hang up. I just need to prepare her for the possibility without getting into detail, so thanks for the phrasing! Even though she is older now, I still feel guilt at the possibility that I'm saying anything negative about her father, I just don't want to ever be that person. Thanks Zigner.

 

[PlaysWithSharks]

Fax them your stamped copy.



If he requests a modification through DSS/CSE, they CANNOT go further back than the month in which you're served with the notice.



Modifications vary widely. There are places all along the way where the timeline can be extended. Same case, the first one I did took 6 months. Second took 18. But yes, collection continues in the meantime.



Yes, yes and yes. Usually, the amount towards arrears is VERY small - 10% of the total monthly amount. So, a $500 order will only see $50 towards arrears each month. But, with collection through DSS/CSE, if he's due any tax refunds or has any casino or lottery winnings, you'll get those too.



The additional card thing is very new, and I really like it. In fact, the whole system changed, and you can do online banking with the card too, set up bill pay, do direct deposit of payroll/tax refund/etc (which is what my 17 year old is doing with her card). It's a great feature when before it was strictly a debit card.



Honestly, it depends on the child. Due to my kids' StepMother's behavior a couple years ago, I blocked her # from the kids' phones, and no discussion about anything was required. I'd wait and see if she's contacted by anyone, and how she reacts to the contact, and then decide what/how much/whether to share anything beyond what Zigner said.

CJane you are a rockstar. Thank you so much. I'm pretty certain daughter would hang up if Stepmom called her, and hopefully her dad won't say anything to her, but who knows. Daughter is a tough girl, except when it comes to her dad, which is understandable. He's really not a bad guy, just misguided I think, and he did help create the most wonderous delightful talented girl

 

[PlaysWithSharks]

Another question. I saw in another MO thread that there is a period where the cs paying parent can contest the validity of the order. If one parent still resides there and there has never been any modifications, then there is really no way to contest the validity, correct? I'm anticipating shenanigans since the amount is so large and I'm pretty sure he thought I was going to let it go since I never bugged him about it.

When he consults an attorney, what do you think he'll be told?

 

[CJane]

Another question. I saw in another MO thread that there is a period where the cs paying parent can contest the validity of the order. If one parent still resides there and there has never been any modifications, then there is really no way to contest the validity, correct? I'm anticipating shenanigans since the amount is so large and I'm pretty sure he thought I was going to let it go since I never bugged him about it.

When he consults an attorney, what do you think he'll be told?

That other thread has nothing to do with your situation, assuming that Dad still lives in MO.

If he consults an attorney, he'll be told to pony up a retainer in the $2500-$5000 range, and they'll file a modification on his behalf. IF that happens, and IF you're served, come back.

Otherwise, don't worry too awful much about what he MIGHT do. Let the state do their thing.

 

[PlaysWithSharks]

Yes, he lives there. And thanks again, I will relax and let you know what happens! I also gave daughter a heads up, just said casually "Hey, don't be alarmed if you very calls regarding child support, tell them you aren't involved" and she said "um, Ok. Guess what! I'm singing the National Anthem at the basketball game next week!" So I'm not sensing concern lol.

 

[PlaysWithSharks]

Just back with a procedure question...I mailed in the affidavit (been a couple of weeks) and I faxed the court order (been I think 5-6 days). I called today to make sure they were received and they have not been...is that normal? When I send something in, what kind of time frame can I expect for it to show up? I don't want to bug them but I want to follow up and do my part to make it smooth. Thanks