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HELP! CS related, and we need advice.

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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
Replies (11-13):
andie646c
by Silver Member on May. 5, 2012 at 3:55 PM

In our state, the arrears have to reach $1500 and be overdue by at least 30 days. SO was paying arrears through wage garnishment (as that is also required in our state) but he still got a letter stating they would take any income tax return he got (his arrears weren't REAL arrears, it was the CS agency not caught up to what had been paid through the court before CS agency was involved) and suspend his license if he didn't pay it in full by so and so date.

Since SO's job REQUIRES a license (truck drivers kind of need that :p) we had a small freak out moment. Luckily, CS agency got it all fixed and taken care of in time. I can def. see how all of this would go horribly wrong though if they had dilly dallied or procrastinated anything. 

I have no advice but wanted to offer ((HUGS)), I hope you can get it all figured out and that it doesn't take too long.

SarahlovesLiz
by Member on May. 5, 2012 at 5:11 PM

Thanks.  Part of it is due to CS, because they kept filing for it to be taken out of his check at the wrong place.  He had to call the state to eventually get it all settled and taken out of his checks.  In the meantime, BM wasn't getting support, and DH has already been burned on giving her a check, so he just waited for the system to get it in. 

His job does require a license, too, so we freaked out.  He has to contact and verify that he has been paying arrearages as agreed, and they should supposedly take no action about the license.  The paperwork says that BM pushed it through, just like the court date for CS being late, and like she did at the hearing when DH was just told to pay it like he had been and BM went in an uproar calling the judge insane and screaming that DH should be in jail for nonpayment.  She's a piece of work. 

Quoting andie646c:

In our state, the arrears have to reach $1500 and be overdue by at least 30 days. SO was paying arrears through wage garnishment (as that is also required in our state) but he still got a letter stating they would take any income tax return he got (his arrears weren't REAL arrears, it was the CS agency not caught up to what had been paid through the court before CS agency was involved) and suspend his license if he didn't pay it in full by so and so date.

Since SO's job REQUIRES a license (truck drivers kind of need that :p) we had a small freak out moment. Luckily, CS agency got it all fixed and taken care of in time. I can def. see how all of this would go horribly wrong though if they had dilly dallied or procrastinated anything. 

I have no advice but wanted to offer ((HUGS)), I hope you can get it all figured out and that it doesn't take too long.


court_1989
by on May. 6, 2012 at 7:25 PM
Quoting SarahlovesLiz:






Wow she sounds crazy! Good luck and keep us posted!!
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