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What happens if CS goes into arrears?

Posted by on Feb. 9, 2014 at 10:38 PM
  • 47 Replies
I posted recently that DH's CS was just raised from $900/mo to $1300. The calculator our attorney did showed DH should be paying $870, so it's not like we were prepared for this. The ruling was a huge shock that sent us reeling and in a panic for the last 5 days.

DH is in the process of appealing now - the attorney who's our landlord is doing this for free. He'll file the papers this week. The other option if the appeal doesn't work is to move us and his kids into a small apartment, but we don't want to start looking until we know what's going to happen with the appeal. And our landlord really doesn't want us to move, which is why he's helping.

The official order just arrived in the mail that the first $1300 is due on March 1st. DH has no room in his budget for anything higher than $900, and even that is usually broken up into 2 payments. So it'll definitely go into arrears while this gets sorted out.

What does this mean? Wage garnishment? How long until that happens? Does it affect your credit or anything?

Thank you!
by on Feb. 9, 2014 at 10:38 PM
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Replies (1-10):
Tinkerbellmama
by Platinum Member on Feb. 9, 2014 at 10:47 PM

I'm not sure how things work through the courts. Does your DH pay directly to his ex or through child support enforcement? I know how it works through CSE.

runinpinkshoes
by Bronze Member on Feb. 9, 2014 at 10:50 PM
He used to pay directly to her. She opened a child support case about 4 months ago so since then he's been paying the child support people directly.

Quoting Tinkerbellmama:

I'm not sure how things work through the courts. Does your DH pay directly to his ex or through child support enforcement? I know how it works through CSE.

WickedPissah
by Gold Member on Feb. 9, 2014 at 10:54 PM
1 mom liked this
I think he will have until the end of the month to pay it.

It has to accumulate so much before they take any action.
runinpinkshoes
by Bronze Member on Feb. 9, 2014 at 10:57 PM
Well that gives us a little hope, thank you!

Quoting WickedPissah: I think he will have until the end of the month to pay it.



It has to accumulate so much before they take any action.
caligirl7613
by Member on Feb. 9, 2014 at 11:08 PM
in my state he has to be 30 days behind before they will do anything about it...and if he sends even a partial payment that negates the 30 days. so basically it has to be 30 days with NO payment before they start to look into getting on his ass. however, CSE CAN send the papers to automatically garnish his checks whenever they get good and ready and he cant prevent or stop that. if he has a history of good payment they probably wont though. also, i doubt they can do it while an appeal is in progress they probably have to wait until the appeal is over but idk about that for sure

eta: yes it can severly affect his credit
Posted on CafeMom Mobile
runinpinkshoes
by Bronze Member on Feb. 9, 2014 at 11:15 PM
Okay, thank you so much! So hopefully this can get sorted out before it does anything to his credit.

My husband is going to look into how it's handled in our state tomorrow, I just figured I'd ask on here too.

Quoting caligirl7613: in my state he has to be 30 days behind before they will do anything about it...and if he sends even a partial payment that negates the 30 days. so basically it has to be 30 days with NO payment before they start to look into getting on his ass. however, CSE CAN send the papers to automatically garnish his checks whenever they get good and ready and he cant prevent or stop that. if he has a history of good payment they probably wont though. also, i doubt they can do it while an appeal is in progress they probably have to wait until the appeal is over but idk about that for sure



eta: yes it can severly affect his credit
caligirl7613
by Member on Feb. 9, 2014 at 11:21 PM
1 mom liked this
as far as credit that can happen pretty fast. my xh it took us a long while to get through the divorce\cs portion. the judge ordered that he owed 2600.00 for the year of no support paid while going through the divorce\visitation\cs crap plus 560 a month going forward. he had 30 days to pay off the 2600 or it would go on his credit as a negative\unpaid AND they would take his tax refund. this was nov 2010.....30 days later of course he hadnt ppaid it all (i didnt expect him to) 2600 is alot. anyway it did go on his credit and come that feb i got 80 percent of it due to his refund. however i still think they have to wait until the appeal process is over before they (cse, bm) can do anything.

Quoting runinpinkshoes: Okay, thank you so much! So hopefully this can get sorted out before it does anything to his credit.



My husband is going to look into how it's handled in our state tomorrow, I just figured I'd ask on here too.



Quoting caligirl7613: in my state he has to be 30 days behind before they will do anything about it...and if he sends even a partial payment that negates the 30 days. so basically it has to be 30 days with NO payment before they start to look into getting on his ass. however, CSE CAN send the papers to automatically garnish his checks whenever they get good and ready and he cant prevent or stop that. if he has a history of good payment they probably wont though. also, i doubt they can do it while an appeal is in progress they probably have to wait until the appeal is over but idk about that for sure





eta: yes it can severly affect his credit
Posted on CafeMom Mobile
Leigh84
by Silver Member on Feb. 10, 2014 at 8:18 AM
I'm not sure what state you're in but in va cs isen't considered late until it's 90 days or $3,000 behind. Which ever comes 1st. Check your state guidelines to see what's considered late.
Leigh84
by Silver Member on Feb. 10, 2014 at 8:19 AM
Eventually arrears can affect his credit but I don't think it's right away.

Quoting Leigh84: I'm not sure what state you're in but in va cs isen't considered late until it's 90 days or $3,000 behind. Which ever comes 1st. Check your state guidelines to see what's considered late.
runinpinkshoes
by Bronze Member on Feb. 10, 2014 at 8:26 AM
Thanks! We're in Washington state. He's still going to pay the $900, so I'm sure that'll help slow down the process, and DH can look into WA guidelines today.

Quoting Leigh84: I'm not sure what state you're in but in va cs isen't considered late until it's 90 days or $3,000 behind. Which ever comes 1st. Check your state guidelines to see what's considered late.
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