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HELP! CS related, and we need advice.

Posted by on May. 5, 2012 at 1:50 PM
  • 13 Replies

DH lost his job a while back, and he fell behind on child support.  I was in school about to finish, and I couldn't quit or stop, and I worked but didn't make enough to pay.  Anyway, DH was sued by BM for "criminal contempt" for not paying CS the same month that he lost the job.  He got about 2-3 months behind for him to find another job and begin paying.

He went to the court date, and the arrearages had already been court ordered to be paid and were coming out of his check through garnishments, plus an extra 30 a week for arrearages.  They also have our entire income tax return and will not process it yet due to me being able to file injured spouse.  We told them to go ahead and apply it to the arrearages and send us the difference.  They won't for 6 months, but they said there was a paper that BM and DH could sign releasing the money.  She said she went up there to sign it and they told her there was no such paper, though the state said there was.  Anyway, we're just waiting until it's applied to his balance.

The court date was set for the hearing, and they said he was supposed to be there at 9:00, but his paperwork said 1:00.  The judge was on his way out for the day, and they had issued a bench warrant for DH because he "failed to show."  Ridiculous, he showed the papers to the judge, and they admitted their mistake and said they would fix it in the system.  Then he calls to get a copy of the documents, and they said he has a court date the next day.  Apparently, they didn't fix it in the system and said he was supposed to be in court.  He called his atty, and his atty straightened it out and told him  he didn't have to be in court.  This was all in Jan.  He's been paying his CS since.  It made him sick to not pay it.  He's not that type. 

Brings us to today.  We get a certified letter stating that DH's license has been suspended due to nonpayment of child support and arrearages over 500.  WTF?  What can he do?  It's a freaking Saturday, and he works all weekend through Monday. 

by on May. 5, 2012 at 1:50 PM
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Replies (1-10):
LyndaLoo78
by Skeletor on May. 5, 2012 at 1:54 PM
Look over the documents he has and look for very specific verbage that suspends ENFORCEMENT of child support. Without that verbage the state retains the right, once the arrearage reaches a certain amount (check your state guidelines) to summarily suspend his DL until the arrearage is cleared.
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rose0919
by on May. 5, 2012 at 1:59 PM

ok im confused...... i really good with child support issues both paying and recving. why didnt he go to court when he lost his job to get it modified? it would have been less than having the arrears. was he behind befor he lost his job?  because federal law says your not late till it is 30 days late. all states have to follow fed law as a min. how much does he pay a month, or week? he needs to speak with his attny again to find out  what is going on. it seems like a trickle down mistake.  that didnt get corrected compleatly.

SarahlovesLiz
by Member on May. 5, 2012 at 2:03 PM

Will do, and I understand that to a point, but there is more than enough money held by the state to cover any arrearage plus extra in the account.  That's what's frustrating.  I told him I should have just filed the injured spouse, gotten my return back (most of it is mine, because of school), and paid the arrearages with a check or online.  It would've been in the account by now and no worries.

Atty advised us not to do this, because DH is filing for full custody, and any arrearage would look bad on him in court, despite BM's many contempts for visits.  He didn't know when the next court date would be for custody, and if we didn't get the money back in time from that filing, then it would look unpaid to the courts.  As long as it is in the custody of the state, the CS looks paid.  That was his advice.  Beginning to question that...   Though he is an awesome atty.

SarahlovesLiz
by Member on May. 5, 2012 at 2:07 PM

This is what I thought, too.  He didn't go to court to get it modified, because it would've taken longer than than he took to get a new job to get a court date, and he is in court for custody.  Atty just said to pay it when he got a job and get it paid up ASAP.  It was definitely very close to 30 days then, but I do know it was very close to when he lost his job.  IDK exact dates at the moment.  I hope it was just a mistake that they've not corrected and that they can get corrected soon, because we both work 30 minutes in the opposite direction of our home and opposite shifts.  He goes in when I get off, and I go in after he gets off.  I'm livid, he's livid, and we have the kid this weekend, and all we can think about is this bullshit.  :(

Quoting rose0919:

ok im confused...... i really good with child support issues both paying and recving. why didnt he go to court when he lost his job to get it modified? it would have been less than having the arrears. was he behind befor he lost his job?  because federal law says your not late till it is 30 days late. all states have to follow fed law as a min. how much does he pay a month, or week? he needs to speak with his attny again to find out  what is going on. it seems like a trickle down mistake.  that didnt get corrected compleatly.


LyndaLoo78
by Skeletor on May. 5, 2012 at 2:18 PM
No tax return monies awaiting disbursement do not look "paid" to the child support agency. They are essentially held in escrow until they can be rightfully allocated and disbursed. Yes the state can "see" the funds, but they are legally "held" by either the state or federal gov until injured spouse monies are calculated and returned; only when the monies are disbursed to the CS agency do they show "paid." Even awesome attorneys mess up now and again.

Quoting SarahlovesLiz:

Will do, and I understand that to a point, but there is more than enough money held by the state to cover any arrearage plus extra in the account.  That's what's frustrating.  I told him I should have just filed the injured spouse, gotten my return back (most of it is mine, because of school), and paid the arrearages with a check or online.  It would've been in the account by now and no worries.

Atty advised us not to do this, because DH is filing for full custody, and any arrearage would look bad on him in court, despite BM's many contempts for visits.  He didn't know when the next court date would be for custody, and if we didn't get the money back in time from that filing, then it would look unpaid to the courts.  As long as it is in the custody of the state, the CS looks paid.  That was his advice.  Beginning to question that...   Though he is an awesome atty.

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amyjo76
by Member on May. 5, 2012 at 2:19 PM

A similar thing happened to my DH in regards to the bench warrant. I had been in contact with his caseworker and I thought she was postponing the court date & as long as he continued to pay on time, the court date would be cancelled. However, it wasn't & he was considered in contempt. I contacted the caseworker again & she had the judge sign off on the warrant because he was paying as required & it was a misunderstanding between the caseworker & myself.

Another time, they had withheld his taxes and the balance was paid in full. Since his child support is paid to Iowa but we reside in Michigan where the court order is, Iowa received the taxes but didn't notify Michigan. They issued the bench warrant & all we had to was take the IRS paper showing they kept his taxes & the notice from Iowa that it had been paid to FOC & they removed the bench warrant.

If DH had kept in contact with FOC, it would have relieved a lot of this. He still owed the money but they would have worked with him. I'm surprised they took your DH's license because I know lots of people, including my husband & my ex, who owe(d) back support & never lost their license. It seems weird to me that they would go straight for his license.

rose0919
by on May. 5, 2012 at 2:23 PM

ok just for future  if he loses his job again file for modification that day!  dont let her file first. if she tries they see it has been filed and she cant counter file because it is already open. even if it takes months to get a cout date they have the papers.  my dh has gone through this .  if you want you can msg me .  if he is now paying and paying the arrears as ordered it is supposed to be done. they cant add to it after the fact. not without another court date. 

Quoting SarahlovesLiz:

This is what I thought, too.  He didn't go to court to get it modified, because it would've taken longer than than he took to get a new job to get a court date, and he is in court for custody.  Atty just said to pay it when he got a job and get it paid up ASAP.  It was definitely very close to 30 days then, but I do know it was very close to when he lost his job.  IDK exact dates at the moment.  I hope it was just a mistake that they've not corrected and that they can get corrected soon, because we both work 30 minutes in the opposite direction of our home and opposite shifts.  He goes in when I get off, and I go in after he gets off.  I'm livid, he's livid, and we have the kid this weekend, and all we can think about is this bullshit.  :(

Quoting rose0919:

ok im confused...... i really good with child support issues both paying and recving. why didnt he go to court when he lost his job to get it modified? it would have been less than having the arrears. was he behind befor he lost his job?  because federal law says your not late till it is 30 days late. all states have to follow fed law as a min. how much does he pay a month, or week? he needs to speak with his attny again to find out  what is going on. it seems like a trickle down mistake.  that didnt get corrected compleatly.



DDDaysh
by on May. 5, 2012 at 3:39 PM

The form for injurred spouse is something I believe you and your DH have to sign, not BM, that might be where the trouble is.  Have you tried contacting both the CS agency and the IRS to see what can be done to release that money now?  

DDDaysh
by on May. 5, 2012 at 3:41 PM

And I agree with Rose.  Even if he can't get a court date for a while, next time file with the CS agency as soon as he loses his job.  With alot of the state agencies you might not even have to go to court necessarily.  I know with us they bring you into mediation first, and that appointment can happen rather quickly.  If it's an agent showing her the CS formula she may agree to it and things could be signed and sealed quickly.  Even if they aren't, at least it's on record that you approached them.  

LyndaLoo78
by Skeletor on May. 5, 2012 at 3:42 PM
There is a statute which says the monies must be held 180 days when there is a tax return intercept; the reason is for injured spouse forms to be filed and reviewed as well as amended returns. It is a pain in the ass.

Quoting DDDaysh:

The form for injurred spouse is something I believe you and your DH have to sign, not BM, that might be where the trouble is.  Have you tried contacting both the CS agency and the IRS to see what can be done to release that money now?  

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