We got CS!
SO went to court today for the Second Appearance after BM told the judge last time she had just been hired for a job at pizza hut and didn't know how much she would be making or working (because those are important details that ever Manager leaves out of the "you're hired" conversation) ie. she lied through her teeth.
Today I didn't bother to go because as I said a few posts ago, I'm done. I can't watch her lie anymore. I did the paperwork and filing for the CS pretty much FOR SO because I got sick of providing half of the sustenance for a child that has a fully able bodied and capable mother-who is not me.
Anywho-SO said that she gave some line about a kitchen burning down and only working part time and when she is back to working full time she'll be making more $ and tried to pass of a really low pay stub because of this "kitchen fire".
The judge based CS of the amount she told him she would be making full time effective immediately. He told SO he could go back for arrears if he wants, but honestly if she pays what's now ordered I'll 1.) Eat my hat and 2.) as long as she pays going forward neither SO or I care for the missed work for him or the paperwork/stress for me.
Now my only questions is how long does she not pay before CSE takes it from her check? Now that we have some of SS12's expenses covered we discussed being able to send BM2 a little more money to help with daycare (not court ordered-but I did the math and she's getting shorted about $75 a month and we'd like to keep it out of court).
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In my state CS is
In my state CS is automatically garnished from non-custodial parents wages unless they are self-employed or commission-only. When BM gets herself fired, State garnishes smaller amount from weekly unemployment checks, but BM still owes the ordered amount & will have to pay both interest and arrears.
In my state my partner has to
In my state my partner has to set up the account through the state program by providing the court order number. He then goes through his work to have them money taken from his check and has to inform them of when the amount changes like when he has the kids for 2 weeks.
Now he's court ordered to do all that but no one is there making him. He's going to by all means but if he didn't I don't know how long it would be before the court stepped in and garnished his wages.
Sorry, total side
Sorry, total side question:
Did your SO actually get a support order that allows him not to pay CS for two weeks while he has the kids? That's kinda awesome that they allowed that - I've never heard of anyone actually getting that awarded.
He sets it up with work so
He sets it up with work so that the money is taken out of his check and placed into an account for her that is tracked by the state to ensure he pays. The normal amount is set by the state based on his average pay.
If he has the kids for 2 weeks or more he has to alert his work and cs can be reduced by half but it is his responsibility to do it. It is clearly defined in the CO and is considered standard for this area.
It really only takes effect during his summer visitation which very clearly states he gets the kids for 6 weeks but as I said on another post is really helpful.
While BM still has to maintain her home (pay rent) other expenses go down while ours go up. Having the kids that extended time almost doubles our food bill, electric and water both go up quite a bit, and since we only have a few outfits for them we have to buy more clothing. For example before summer they had maybe 3 shirts, two pants, and shorts each. We upped it to 6 shirts and pairs of pants / shorts and an extra pair of shoes. We buy from Wal-Mart or on sales so We keep the cost down but we didn't expect BM to send anything with them.
We also had entertainment cost which we kept low by going to alot of free stuff through the library and going to the park but tried to do something a little more fun like movies or bowling once every other week.
The half off CS didn't cover all of this but it did help alot so they got to have a nice time while with their dad rather than sit inside playing video games all day.
I do recognize this isn't normal but I think it's really great because like I said us having the kids for that long of a time does cause a significant change in daily expenses.
"inform them of when the
"inform them of when the amount changes like when he has the kids for 2 weeks".
Are you sure on this? Usually the NCP having the child/children for holiday breaks, extended summer visitation ect. does not affect the ordered monthly CS.
Anyway, OP, glad your SO got his CS order. No idea how your state does it, but where I am, the employee (the BM in your case) can set it up voluntarily to be taken from her paycheck and if she fails to do that and isn't paying, yes court can order a garnishment. They can also seize her state and federal income tax return when she has not been paying and falls into arrears. CSE can help your SO obtain the garnishment order through his local CSE office. But keep in mind only x amount of a person's earned wages can be taken so if she is working part time and low hours the removal may not be the full amount actually ordered.
here the state can also make life a bit rougher for non-paying parents such as taking their driver's license , not issuing things like fishing and hunting licenses and other daily life things most people take for granted.
This OP. DH had an issue with
This OP.
DH had an issue with CS a few years ago where he ended up in arrears (long story - he had been paying but the Bureau told him he could pay BM directly and keep receipts since her account through them had been frozen and he was working a tip-based job so it saved him money to not pay a weekly transaction fee; come to find out AFTER he did this for MONTHS that he couldn't do that and whoever at the Bureau who said it was cool was "misinformed"). Anyway, in January, he got a letter from the Bureau stating he owed $X and had until January 31st to pay it or set up a repayment plan or his driver's license would be suspended. They took his state tax return that year (the whole mess didn't get cleared up for a few months) and applied it to the arrears. He was working as a server at the time, so his checks were tiny and never garnished (he couldn't set up payments out of it anyway with how small they were).
So, basically, it took the Bureau at least 8 months to inform DH that there would be consequences and almost a full year before his tax return had been taken to give to BM.
As above yes. I am sure I
As above yes. I am sure I have the order on my phone as it's part of the visitation/ hoildays schedule.
It states that he must inform his employer and his CS amount is reduced by half for any periods of time that he has the children for two or more weeks.
Good luck. BM was ordered to
Good luck. BM was ordered to pay CS to DH over 2 years ago. Have seen a single red cent and she is working. I hope it works out better for your DH.