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about how long does it take

Thursdaysarethebestdays's picture
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for a withholding order to take effect? DH went to court in September last year and BM was ordered to pay $420 per month. the CO says "on this date the court signed an order/notice to withhold CS".
Since that time, BM has paid exactly $420 total in $25-$200 installments.
So my question is why does it take so long for withholding to start? Or, should it take this long?

Thursdaysarethebestdays's picture

I figured it shouldn't take this long. DH says attorney has some strategy to show BM unable to follow orders because she doesn't pay CS. Plan B is supposed to be something like make her pay more for each month she doesn't pay because of arrears.
Personally I want BM to pay her share each month while she has a job instead of taking a chance that she will keep her job this time.

Thanks, there just happens to be an Atty General office less that 5 mins down the road.

Rags's picture

File an contempt order and also file for direct payroll with holding. That bares BM dead beat ass in court and takes it out of her hands. Her employer will take it directly from her check and pay directly to the CSE office who will then direct deposit it in to your account.

The fun part is that BM now owes you nearly $10K in arrears which can also be added to the direct payroll withholding until it is paid off. In our case when DickHead was in arrears it could only be recouped at a rate of $50/mo. It took years before his arrears were recouped.

This just gives you a bigger stick to smack BM with going forward when she gets lippy.

Not sure about your attorney's strategy though. I would file now and get direct payroll with holding started.

IMHO of course.

Thursdaysarethebestdays's picture

I just let DH know that he needs to contact his attorney to get the withholding order so that we can do what is needed. What exactly, would the Contempt Order do other than alerting the judge that BM has not paid? While I think it's important the court sees she hasn't paid, if they aren't going to act on it, I don't think DH wants to pay attorney just to show up to court. But if there's some sort of positive outcome, then I'd love to be able to share that with DH.

Also, you mentioned $10K in arrears, might I ask how you came up with that number? I calculated about $4K ($420 * 9 months), am I doing something wrong?