will this stop wage garnishment?

[jjohn]

What is the name of your state? cs case in WV

I have cs payments garnished from my paycheck. I have a couple of things happening right now that i'm contemplating doing. My wife makes twice what I make and we have a child under 1 year. I am thinking of quitting my job and being a stay at home dad. My wife says she will pay the cs payment. Just by sending in a check. Will cs services allow this or will they make me hold a job?

Also a friend of mine wants to hire me part time helping him frame houses. This income will not be under the table but it will be about 1 grand a month more than i was making when my wages were imputed in the cs calculations. If I do not notify cse of a new job and my wife sends them a check each month having them think i have no income will cse even care to look into it? Or do they always do an investigation when ncp's financial circumstances change? Please no comments calling me a dead beat. I would like professional responses please. What could happen?

Also I had to take a paternity test to make sure my son was mine. Because he was bearing another mans name..a man my ex lived with when she became pregnant by me. So i'm sure anyone can understand why I wanted a test. I was ordered to pay for the test since he turned out to be mine. Which is only 125.00 but I am pretty mad that i'm responsible for the test when it's not my fault she was being "loose" and didn't know who the father of her child was. Anyway the judge ordered me to pay this 125.00 in either check or money order no less than 10.00 per month. It was not calculated in my arrears. I haven't paid a dime of this money for 6 months. And I don't intend to pay for it either. What can they do/say about that?

 

[MrsK]

What is the name of your state? cs case in WV

I have cs payments garnished from my paycheck. I have a couple of things happening right now that i'm contemplating doing. My wife makes twice what I make and we have a child under 1 year. I am thinking of quitting my job and being a stay at home dad. My wife says she will pay the cs payment. Just by sending in a check. Will cs services allow this or will they make me hold a job?

Also a friend of mine wants to hire me part time helping him frame houses. This income will not be under the table but it will be about 1 grand a month more than i was making when my wages were imputed in the cs calculations. If I do not notify cse of a new job and my wife sends them a check each month having them think i have no income will cse even care to look into it? Or do they always do an investigation when ncp's financial circumstances change? Please no comments calling me a dead beat. I would like professional responses please. What could happen?

Also I had to take a paternity test to make sure my son was mine. Because he was bearing another mans name..a man my ex lived with when she became pregnant by me. So i'm sure anyone can understand why I wanted a test. I was ordered to pay for the test since he turned out to be mine. Which is only 125.00 but I am pretty mad that i'm responsible for the test when it's not my fault she was being "loose" and didn't know who the father of her child was. Anyway the judge ordered me to pay this 125.00 in either check or money order no less than 10.00 per month. It was not calculated in my arrears. I haven't paid a dime of this money for 6 months. And I don't intend to pay for it either. What can they do/say about that?

Well if you quit your job, yes, I'd say that would end the wage garnishment since there would be nothing to garnish.

I dont know anything about your 2nd question...I imagine you have to tell them your financial situation has changed. It probably wouldnt be too smart not to inform them.

Pay the $$ for the DNA test, dude. You arent going to get out of it & you'll probably be held in contempt & threatened to pay with X number of days or go to jail for 30 days or something along that line. You requested it, you pay for it. If it wasnt your kid, she probably would pay for it (or the court would eat the cost) but since its your kid, you get to pay. Thats how it goes.

Frankly I see no problem with you staying home as long as your wife is planning on paying your support, but obviously they will raise your support when they find out you are making more $$. But dont make the mistake of not paying the support...they'll take $$ out of any joint accounts or place liens on your property or put your butt in jail, or take your license & passport....you get the drift.

 

[jjohn]

Well if you quit your job, yes, I'd say that would end the wage garnishment since there would be nothing to garnish.

I dont know anything about your 2nd question...I imagine you have to tell them your financial situation has changed. It probably wouldnt be too smart not to inform them.

Pay the $$ for the DNA test, dude. You arent going to get out of it & you'll probably be held in contempt & threatened to pay with X number of days or go to jail for 30 days or something along that line. You requested it, you pay for it. If it wasnt your kid, she probably would pay for it (or the court would eat the cost) but since its your kid, you get to pay. Thats how it goes.

Frankly I see no problem with you staying home as long as your wife is planning on paying your support, but obviously they will raise your support when they find out you are making more $$. But dont make the mistake of not paying the support...they'll take $$ out of any joint accounts or place liens on your property or put your butt in jail, or take your license & passport....you get the drift.

no i plan on paying the support. however i feel i shouldn't have to since she's moved in with some guy that supports her and her child but that's the system. I have a mortgage and two families to keep up. i guess the state wants me to pay for two sets of manicures a month? anyway jail for not paying 125.00? That seems harsh. So will they automatically do an investigation if i notify them of a change?

we don't have joint accounts because of this. and once i quit my job i'm not keeping a checking acct in my name. the only reason i have one now is because my employer forces employees to use direct deposit. I don't trust banks. I would just rather have wads of cash in a fireproof safe. my mortgage is actually in my wifes name. but i pay part of it. we did it that way in case i ever had financial trouble like getting hurt or she getting hurt and we weren't able to keep up child support they wouldn't take the roof over our head. i'm assuming that will work?

 

[MrsK]

no i plan on paying the support. however i feel i shouldn't have to since she's moved in with some guy that supports her and her child but that's the system. I have a mortgage and two families to keep up. i guess the state wants me to pay for two sets of manicures a month? anyway jail for not paying 125.00? That seems harsh. So will they automatically do an investigation if i notify them of a change?

we don't have joint accounts because of this. and once i quit my job i'm not keeping a checking acct in my name. the only reason i have one now is because my employer forces employees to use direct deposit. I don't trust banks. I would just rather have wads of cash in a fireproof safe. my mortgage is actually in my wifes name. but i pay part of it. we did it that way in case i ever had financial trouble like getting hurt or she getting hurt and we weren't able to keep up child support they wouldn't take the roof over our head. i'm assuming that will work?

If you notify them of a change they will want some proof of it.

& how you feel & what you must do are not the same thing, and you are right- that is the system.

You are wrong in that they CAN take your house- well, actually, they can place a lien on a home. Perhaps not this particular one, if you are not on the mortgage/title.

And yes, you could go to jail for $125.00 if you are found in contempt.

Your situation is slightly unusual (not usually what the court sees) so I hope someone with more knowledge and experience can have clearer answers for you as far as what you must do but my suggestion would be:

-Notify SES of the change in income
-Pay the $125.00
-Pay the support on time every month, because if there is an order to pay & you pay it (be it your current order or a new one they might calculate) then generally you'll stay out of trouble with the court.

And honestly, I REALLY would not ignore that $125.00. Seriously, go ahead & pay that before they figure out whats up & haul you into court. Its NOT worth fighting over.

 

[TinkerBelleLuvr]

no i plan on paying the support. however i feel i shouldn't have to since she's moved in with some guy that supports her and her child but that's the system.

excuse me, but you think that someone else should have YOUR obligation to your child? You are on the hook till the age specified in your court order.

Will cs services allow this or will they make me hold a job?

Yes, they are more concerned that the child support payment be made. Make sure that your payments are made thru the courts though.

Also a friend of mine wants to hire me part time helping him frame houses. This income will not be under the table but it will be about 1 grand a month more than i was making when my wages were imputed in the cs calculations. If I do not notify cse of a new job and my wife sends them a check each month having them think i have no income will cse even care to look into it? Or do they always do an investigation when ncp's financial circumstances change? Please no comments calling me a dead beat. I would like professional responses please. What could happen?

You are required to notify the courts of change of circumstances. Generally, unless it causes a major swing in either direction, the courts will not automatically recalculate your child support. It will come into bearing when you go for review.

Also I had to take a paternity test to make sure my son was mine. Because he was bearing another mans name..a man my ex lived with when she became pregnant by me. So i'm sure anyone can understand why I wanted a test. I was ordered to pay for the test since he turned out to be mine. Which is only 125.00 but I am pretty mad that i'm responsible for the test when it's not my fault she was being "loose" and didn't know who the father of her child was. Anyway the judge ordered me to pay this 125.00 in either check or money order no less than 10.00 per month. It was not calculated in my arrears. I haven't paid a dime of this money for 6 months. And I don't intend to pay for it either. What can they do/say about that?

This is a court order. Pay it or see if you like having 3 meals a day behind bars. The general rule is that the father, when positive pays for the test, or the mother pays for it when it is negative.

 

[LdiJ]

Let me give you some very important advice about your potential "under the table" job.

In the first place, I sincerely doubt that it will be truly under the table. Your potential employer simply cannot afford to do that. That puts the tax burden on him for your income. Therefore, he would most likely give you a 1099 at the end of the year.

That means that you will have to include the money on your income tax return as self employment income. That means over 15% in self employment tax, probably at leave 25% in federal income tax, and maybe another 5% for state income tax. That's a total of 45% of what you earn, going to taxes.

If it truly is "under the table", and again, I cannot imagine how your employer could afford that, and you don't include it on your income tax return, then you will be amassing no social security credits, and could end up being a very poor old man.

If you really want to be a stay at home dad instead of working, and your wife is willing to pay your child support...that's fine, that's your choice. However, trying to replace your income with under the table income, is just plain foolish.

 

[luckymom]

[QUOTE= i guess the state wants me to pay for two sets of manicures a month?

If that's a joke, it is pretty stupid one. Do you really think that on the pittance of support you are probably paying the mother of your child is sitting around eating bon bons and getting her nails done? I hope she catches on to your pay raise and files for upward modification right away.

 

[TinkerBelleLuvr]

i guess the state wants me to pay for two sets of manicures a month?

Child support reimburses the mother for the expenses of the child, like a roof over their head, food, clothes, etc.

I am pretty mad that i'm responsible for the test when it's not my fault she was being "loose" and didn't know who the father of her child was.

You weren't mad at her when you bedded her, now were you?

The standard quote I gave to each of my children is to look carefully at the person BEFORE you go to bed with them because that could be the parent of your child. Do you think you'll like 'em for 18 years? You obviously thought that she was mommy material. Deal with it.

This income will not be under the table but it will be about 1 grand a month more than i was making when my wages were imputed in the cs calculations.

So you weren't working when they ordered child support? Chances then that your support order is low and it may come up for review sooner rather than later. If you voluntarily quit your job, they'll look at the income of the job you quit.

 

[Gracie3787]

Anyway the judge ordered me to pay this 125.00 in either check or money order no less than 10.00 per month. It was not calculated in my arrears. I haven't paid a dime of this money for 6 months. And I don't intend to pay for it either. What can they do/say about that?

What can the court do/say about you refusing to pay something that was ordered by the court??

Uh, well, you can go to jail, for one. For another, interest could be added to it and instead of having to pay only $125 it can double or triple and you'd still have to pay anyway.

 

[jjohn]

Let me give you some very important advice about your potential "under the table" job.

In the first place, I sincerely doubt that it will be truly under the table. Your potential employer simply cannot afford to do that. That puts the tax burden on him for your income. Therefore, he would most likely give you a 1099 at the end of the year.

That means that you will have to include the money on your income tax return as self employment income. That means over 15% in self employment tax, probably at leave 25% in federal income tax, and maybe another 5% for state income tax. That's a total of 45% of what you earn, going to taxes.

If it truly is "under the table", and again, I cannot imagine how your employer could afford that, and you don't include it on your income tax return, then you will be amassing no social security credits, and could end up being a very poor old man.

If you really want to be a stay at home dad instead of working, and your wife is willing to pay your child support...that's fine, that's your choice. However, trying to replace your income with under the table income, is just plain foolish.

I said it wasn't under the table. Thanks for not paying attention to my thread and slamming me for something that you apparently mis read.

Yes i did have a job when my wages were calculated. The same job i'm quitting.

Yes I know cs is "supposed" to go for the child but trust me it's not.

No I didn't want to have children with this person. No I did not think she was mommy material. That's a really stupid statement actually. If you ask most single men who decide to "get laid" over half of the women they sleep with aren't mommy mateial. Just an ex gf who apparently still had feelings for me. And no I didn't know she was cheating on someone when we did the do. But that doesn't matter i'm paying for the next 15 years anyway. yay!

 

[CourtClerk]

I said it wasn't under the table. Thanks for not paying attention to my thread and slamming me for something that you apparently mis read.

OK, she misread it. Doesn't make you any better of a person.

Yes i did have a job when my wages were calculated. The same job i'm quitting.

Good.

Yes I know cs is "supposed" to go for the child but trust me it's not.

And I, for one, believe you. The rent fairy drops off a check to the landlord/mortgage company. The electricity fairy takes care of that bill. The gas fairy takes care of the heating in the house. Your child is the first one on this earth that doesn't eat or require clothing. Nope, doesn't need school supplies or daycare either. Doesn't wear shoes, doesn't have any toys, no need for a haircut... where can I get that kind of deal???

No I didn't want to have children with this person.

Then don't lay down with her, but don't worry, I'm sure she's now thinking the feeling is mutual. You're such a winner, you're willing to allow a third party to take care of your responsibilities.

No I did not think she was mommy material.

See above.

That's a really stupid statement actually.

Pot, meet kettle. I doubt with all the garbage you're spewing all around this thread you can HARDLY call someone's statement stupid.

If you ask most single men who decide to "get laid" over half of the women they sleep with aren't mommy mateial.

Correction: just the dumb ones. The smart ones keep it in their pants because they know the repercussions of their actions.

Just an ex gf who apparently still had feelings for me.

I'm sure she's changed that tune now. Now, you're your wife's problem. Congratulations to her.

And no I didn't know she was cheating on someone when we did the do.

Be glad that all you got out of sleeping with someone you didn't know was a baby. Those things could kill you. But I guess you're about to say that men don't think about that either huh? You're really not doing your sex any justice. I'm sure MEN would like to think they are smarter than you are. Perhaps you still think as a boy??? Don't answer that, we already know the answer.

But that doesn't matter i'm paying for the next 15 years anyway. yay!

Actually, you just said your wife will, so you're not going to be paying anything. Until that is, she gets sick of paying for your crap. Hopefully, she's the smart one of you two.

 

[jjohn]

OK, she misread it. Doesn't make you any better of a person.

Good.

And I, for one, believe you. The rent fairy drops off a check to the landlord/mortgage company. The electricity fairy takes care of that bill. The gas fairy takes care of the heating in the house. Your child is the first one on this earth that doesn't eat or require clothing. Nope, doesn't need school supplies or daycare either. Doesn't wear shoes, doesn't have any toys, no need for a haircut... where can I get that kind of deal???

Then don't lay down with her, but don't worry, I'm sure she's now thinking the feeling is mutual. You're such a winner, you're willing to allow a third party to take care of your responsibilities.

See above.

Pot, meet kettle. I doubt with all the garbage you're spewing all around this thread you can HARDLY call someone's statement stupid.

Correction: just the dumb ones. The smart ones keep it in their pants because they know the repercussions of their actions.

I'm sure she's changed that tune now. Now, you're your wife's problem. Congratulations to her.

Be glad that all you got out of sleeping with someone you didn't know was a baby. Those things could kill you. But I guess you're about to say that men don't think about that either huh? You're really not doing your sex any justice. I'm sure MEN would like to think they are smarter than you are. Perhaps you still think as a boy??? Don't answer that, we already know the answer.

Actually, you just said your wife will, so you're not going to be paying anything. Until that is, she gets sick of paying for your crap. Hopefully, she's the smart one of you two.

I'm not sure where the personal attacks are coming from. I asked a perfectly legal question. I don't need anyone to slap my hand. No my wife isn't paying for my mistake. We decided to have me quit my job and stay at home instead of her. She wants to not have our child in daycare. She makes more money so it would be only the logical thing to do in this situation. I'm not sure how that makes me a bad person but whatever. I'm also not sure how sleeping with someone and accidentally getting them pregnant makes me a bad person since i am doing what is asked of me legally and morally and paying child support. I guess you are calling every man out there that has accidentally gotten a woman pregnant a moron? I guess by your standards a man who has to pay child support to a woman who he was never married to is a moron who should have "kept it in his pants". Did it ever occur to you that I care about both my children? I guess not. The money does not go for my son to have a roof over his head, water, clothes, etc. She lives with a man who has his own mortgage, pays all the bills, pays her cell phone...i know this because i ran a trace on the number to make sure it was in his name. Her mother and sister buy him clothes. She gets food stamps. The cs money buys her pain pills and extacy. I know this because she told me in a taunting way because what can i do about it? And she knew it would make me mad. So if you think EVERY person who recieves cs is spending it on their children you are sadly mistaken.

 

[LdiJ]

I said it wasn't under the table. Thanks for not paying attention to my thread and slamming me for something that you apparently mis read.

Yes i did have a job when my wages were calculated. The same job i'm quitting.

Yes I know cs is "supposed" to go for the child but trust me it's not.

No I didn't want to have children with this person. No I did not think she was mommy material. That's a really stupid statement actually. If you ask most single men who decide to "get laid" over half of the women they sleep with aren't mommy mateial. Just an ex gf who apparently still had feelings for me. And no I didn't know she was cheating on someone when we did the do. But that doesn't matter i'm paying for the next 15 years anyway. yay!

I wasn't trying to slam you, I was trying to make sure that you understood all of the potential ramifications to you, of working for someone who was going to treat you like an independent contractor.

I am a tax professional and you have no idea how many of my clients have looked at the gross they were taking in for an independent contract job, and thought they were making good money, only to be devistated when they discovered that they owed they IRS sometimes tens of thousands of dollars.

At the same time, you have no idea how many of my clients are extremely poor now, because they worked under the table jobs for many years, therefore are receiving little to no social security benefits.

Too many employers are cheating the system, and their employees, by treating them as independent contractors when in reality, they are employees. Its hard for the IRS to catch up with all of them. However, as long as people are willing to take those jobs, many of them will continue to get away with it.

 

[Ohiogal]

I'm not sure where the personal attacks are coming from. I asked a perfectly legal question.

The questions may have been legal but the idea behind them is not. YOU CANNOT WORK and NOT tell CSE you are working. That is a crime in most states and you can find yourself facing criminal charges.

I don't need anyone to slap my hand. No my wife isn't paying for my mistake. We decided to have me quit my job and stay at home instead of her.

And when you quit your income will be imputed minimally at what you were earning at the time you voluntarily walked off the job.

She wants to not have our child in daycare. She makes more money so it would be only the logical thing to do in this situation. I'm not sure how that makes me a bad person but whatever. I'm also not sure how sleeping with someone and accidentally getting them pregnant makes me a bad person since i am doing what is asked of me legally and morally and paying child support.

Your attitude sucks. And you are NOT doing what is asked of you legally if you decide to work and NOT inform CSE.

I guess you are calling every man out there that has accidentally gotten a woman pregnant a moron?

No. Just those who have an attitude likes yours.

I guess by your standards a man who has to pay child support to a woman who he was never married to is a moron who should have "kept it in his pants".

Only those who come on here griping about having to pay child support. Which you did.

Did it ever occur to you that I care about both my children? I guess not. The money does not go for my son to have a roof over his head, water, clothes, etc. She lives with a man who has his own mortgage, pays all the bills, pays her cell phone...i know this because i ran a trace on the number to make sure it was in his name. Her mother and sister buy him clothes. She gets food stamps. The cs money buys her pain pills and extacy. I know this because she told me in a taunting way because what can i do about it?

Note the first sentence in this paragraph. Then note what you said CS buys. Ecstacy? Oh yeah. You care about your child. I am not convinced. Most people who know that mom is using illegaly drugs DO SOMETHING ABOUT IT when the child they profess to care about is in that home. What the hell have you done?

And she knew it would make me mad. So if you think EVERY person who recieves cs is spending it on their children you are sadly mistaken.

How do you know that she isn't using boyfriend's money? How did you perform a trace on the number legally?

I will say this however, you are bitter as evidenced by your other posts on here and you are showing NO CARING for your child.

 

[TinkerBelleLuvr]

I'm not sure where the personal attacks are coming from. I asked a perfectly legal question.

And you were given legal answers. You have to pay your child support. If you quit your job and your CS comes up for review, it can be IMPUTED at the wages you were making when you quit your job. If you change jobs, you are required to notify CSE.

I don't need anyone to slap my hand. No my wife isn't paying for my mistake. We decided to have me quit my job and stay at home instead of her. She wants to not have our child in daycare. She makes more money so it would be only the logical thing to do in this situation. I'm not sure how that makes me a bad person but whatever. I'm also not sure how sleeping with someone and accidentally getting them pregnant makes me a bad person since i am doing what is asked of me legally and morally and paying child support. I guess you are calling every man out there that has accidentally gotten a woman pregnant a moron? I guess by your standards a man who has to pay child support to a woman who he was never married to is a moron who should have "kept it in his pants".

But you said in your first post that you felt that a DIFFERENT NON-FATHER should support your child. THAT statement speaks volumes.

Did it ever occur to you that I care about both my children? I guess not. The money does not go for my son to have a roof over his head, water, clothes, etc. She lives with a man who has his own mortgage, pays all the bills, pays her cell phone...i know this because i ran a trace on the number to make sure it was in his name. Her mother and sister buy him clothes. She gets food stamps.

HOW do you know that she doesn't contribute to the household? Does it really matter in whose name a phone is in as long as it works? Can you call it? Does someone answer? THAT is what matters.

The cs money buys her pain pills and extacy. I know this because she told me in a taunting way because what can i do about it? And she knew it would make me mad.

Did you think that maybe she said it BECAUSE she KNEW you would have a gasket? Is it true? If it is actually true, what are you doing about it?

So if you think EVERY person who recieves cs is spending it on their children you are sadly mistaken.

Child support REIMBURSES a parent for the costs of keeping a roof over their head, food in their bellies, clothes on their back, etc.

LdiJ and I know all about the tax ramifications of 'sub-contractors'. You say you will claim the money your receive on the new job. Great. LdiJ brings up her point to make sure you understand that if you get money that does NOT have taxes taken out during the year, you can owe the tax man LOTS of money.