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Divorce & Starting Over Divorce & Starting Over

Does anyone know?

Posted by on Oct. 8, 2012 at 1:26 PM
  • 4 Replies

Our divorce was final in June but child support started last December. I didn't have the child support going through the state because my attorney advised against it at the time because ex is self employed. Now, several months later, it's getting very old. I have to send him 20-30 emails a month just to get partial payment. This is rediculous and takes up way too much of my time on a worthless effort. Does anyone know if I send this to the state for payments to go through their office, can he contact them and claim he isn't working and they will readjust his payments? He works most of the time for cash and can get by with such lies. I would hate to lose what I am getting for my dd (because I do eventually get it). Thanks for any insight you might have on this. 

by on Oct. 8, 2012 at 1:26 PM
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Replies (1-4):
GraLauJon
by on Oct. 8, 2012 at 1:32 PM

you CAN go thru the state, yes.   but that is the one thing i have heard, that when they own their own biz and/or work for cash it cant really be tracked.  his taxes can be.  why dont you go thru the courts and filed contempt?  that might actually be more effective.  either way, try getting his wages attached. ask that he be audited. etc

rbclan
by on Oct. 8, 2012 at 11:40 PM
1 mom liked this

yes, if you have court order, you can file contempt motion. this will also allow you to ask for documentation about not just earning, but spending. if you can show how much he's spending (by showing his rent/mortgage payments, checking accounts, credit cards, car payments) the court can infer that he is earning money. further, if he has prior tax returns, even if he's not working now, the court can determine that he has earning capacity, which is pretty much how much he can earn if he tried. 

all of this stuff can be a pain to go through, and take a while, but if you're sending that many emails to just get some payment, it's probably worth the effort (not to mention getting the support your child deserves). Good luck!


GraLauJon
by on Oct. 9, 2012 at 8:53 AM

the state wont mess around that your ex isnt paying.  they will get money out of him or he will go to jail. period. my atty told me that they are cracking down on deadbeat dads now. I have wondered if maybe it's b/c of the recession and the state might not be able to foot the bill anymore for these guys, but it eventually catches up to them. i was told at DSS that the ex's end up having to pay back no matter what.  and if they dont pay in the beginning they get fined. so they have to double pay in the end.   if he wants to play that game, you need to make sure you finish that game.  its a pain but if you need the financial help then you do.

miss_AP
by on Oct. 9, 2012 at 12:40 PM
1 mom liked this

Here its pretty easy, you can submit an application to have CSED take care of it at any time. They do all the getting the money from him and get it to you, even for self-employed. Sounds like it would be worth it!! Here its a $25 fee per year or something small like that, maybe just an initial application fee.

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