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Was your employer also served? It is illegal for your employer to not process a court ordered garnishment.
What will probably happen is a new garnishment order will be issued for the original amount Plus an amount to pay off the arrears.
Now my question to you is why you let it go this far? Why haven't you been paying?
Yes, according to CSE, they have been issued the garnishmen order 4 times. My ex is threatening to file for contempt on the job for not honoring the order. Can she really do that?Quote:
Originally Posted by ScottGem
So my montly amount goes up? I am already paying over 700/month. With my perosnal bills and child support for my older child, I simply can't afford it. About how much more will it go up. Is economic hardship enough to modify for a lower support?
Its my employers job to garnish but they didn't. I now know I was supposed to pay until they garnished, but I am struggling to make a living.
If you truly can't afford the amount of support, you can request to have it lowered. However, it has to be due to actual economic hardship; you can't be driving a brand-new car and living in a mansion, then claim that you can't afford the ordered amount of support.
At least in TN and GA, if a company is served, and don't pay, they can be sued and held liable for all the money they were suppose to take out by the person asking for the garnishment.
** if of course you are a real employee, not a 1099 worker.
And in some states, like TN and GA, if you are that many months behind, yes, men often get sent to jail for a few weeks for non payment of child support, but that varies.
If it was not being garnished and you knew it was to be garnished why did you not just send them a check each week??
And of course now, they are going to order so much current payment and so much back payment, so now you will be paying more per week
Actually, I did get a new/used car around December. This was necessary because I have a long commute to work and I was driving a lemon on its last leg before.Quote:
Originally Posted by this8384
I am concerned about going to jail. There is no way I keep a roof over my head and pay this insane amount. According to recent letters form CSE, they have reported me to the credit companies, and have threatened to suspend my licence in 30 days if no payment is received.
I have an out of state license. Can they still suspend it if they only referred me to the state DMV?
Your license will be suspended in the State in which it was issued. Obviously no one can suspend a license you don't have.
If you have lived in your current state for over 30 days and are not in college or the military, your current license is invalid anyway by your state law.
But yes they will find it and suspend it
And how would I be able to pick up my child?
Quote:
Originally Posted by msir
Either the child would be dropped off and picked up or you would take a bus and/or cab or a relative or friend would drive you.
Happens all the time.
In fact, if you're jailed for contempt you won't even have to worry about it.
Just for the heck of it - what model and year car did you buy, being unable to pay child support and all.
I'm not trying to be confrontational, but I don't think you understand the situation here. You were ordered to pay X amount of dollars in child support; you neglected to do so. If your employer wasn't sending it in, you should have noticed that it wasn't coming out of your paycheck. You chose not to, and now you're trying to say that the amount is too much. Why didn't you contest it when it was ordered back in October?
The courts aren't going to play around; you have a child and you need to support it. They will suspend your license, put you in jail, etc. until you get current. And if something like that were to happen, it's going to put you even further behind than you are now. They don't want to hear that you needed a new car, or that you need your driver's license, or any other reason. The bottom line is that they want you to pay, and they'll do everything in their power to make sure that you do.
Why is the year and make of my car so important. Its much better than the one I had before. I have to drive 45 min, even longer in traffic to get tot work
Quote:
Originally Posted by msir
It's only important because you say you can't afford to support your child, yet you were able to buy a car, which you won't be able to drive once your driver's license is suspended.
You brought up the subject. I did not and you still haven't answered.
What I don't understand is what you have been doing since October. You knew you had to pay, yet you did nothing to do so.
And I also don't understand your employer. What possible grounds did they have to not deduct the support.
I don't think you will be going to jail, though may have to spend weekends in jail. If you are in jail you can't support your child. But you could have your license suspended and other sanctions.
These people are asking these questions because the judge will also take it into consideration if you contest the amount of child support you are paying. The amount awarded usually reflects the amount of money you earn, & that is quite a lot of money for one child.
We are all saying that you knew you were supposed to pay--by court order. It is your child. Why would you not want to? Then when it hits you in the face you claim it was your employer's fault? No matter, what's done is done, and you have to pay. Don't let your children grow up thinking their daddy is a loser. No matter what happened with the ex, make them part of your life. They need you, both financially and emotionally.
Talk to a lawyer. Maybe one could get you out of hot water--for a price.If you truly think you are paying too much child support think of how much you would be spending if they lived with you! Would you still have the same lifestyle?
I'm going to talk to my payroll. I'v submitted half the payment from this pay and will submit the other half if there is no garnishment next pay, ill send one in. My hearing is at the end of March, so with me paying consitently by that time, what will happen?
If you show that you have been making payments and paying the arrears, then the contempt charges against you should be dismissed.
Quote:
Originally Posted by ScottGem
Not that Scott needs me to agree, but I agree with Scott - :)
You're on the right track.
You also need to make up any back due support. You can make arrangements.
Now I'm sure your 9 year old would really be thrilled to at least have some kind of contact from you, perhaps something tangible. A letter would be perfect. She can read it over and over again and no doubt will.
Contempts are treated like criminal cases.Quote:
Originally Posted by msir
The first hearing is an arraignment. You are told what's going on and asked to enter a plea-- guilty or not guilty. If not guilty you are set for a pre-trial hearing and later trial.
You have a right to a trial (non-jury because of the maximum jail time isn't enough to require a jury) and a public defender because jail time is a possibility. You can't be sent to jail right off the bat because you have due process rights. So don't worry about that.
Defenses are many. If the contempt has to do with non-payment of support, inability to pay is the most common defense. You have all the same rights as a criminal defendant (not to be called as a witness, etc).
Here is the schedule in the order:
In 2009 mom gets easter and school vacation. Mom informed me of the upcoming easter spring break saying the dates of the official spring break. Thedates she gave are those in her county for public schools. I have a midweek visit with the child that week. She told me her spring break trumps my visit that week. I told her that my visit still stands since the order did not give specific dates for spring break. My son is in daycare and I don't think school vacation should apply since the daycare doesn't have one. But she says the order specifically givers her a 2009 spring break.
Also, it says that on the child's b-day each parent has reasonable time with the child. I told her that since she had him last year (when only a temp CO was in place, no specifics) I should get him this year. His b-day is on a weekend day. She is not budging and only offering me a four hour period based on the available times she has given after making her b-day plans. She says that that's reasonable particularly since its on her weekend time. She said he is to be returned by 8 to get him ready for bed since the next day is a Monday. She told me to call her because she didn't like emailing and that I needed to do it before the child's b-day which is next week. I don't like talking to her. Her reasoning is that she does not like the back and forth emailing when it can be resolved in one conversation, and she also can't confirm that I am actually writing and sending the emails.
What can I do here. Is she right about the easter? Also, what about the b-day. Do I not get to have him all day on his b-day? Is four hours reasonable on a Sunday?
You can always go back to Court for clarification - here (in NY) a vacation specifically addressed trumps the "usual" visitation. As far as last year's birthday I don't think it legally has any impact on this year's birthday.
Do I think 4 hours is reasonable - no, but I'm not the mother.
So the straight answer is she can take spring break over my visit?Quote:
Originally Posted by JudyKayTee
Ok, well mom is saying that she wants to have b-day time from 12-4. Would that be reasonable? We really don't have time to get clarification since both events are next week
In NY, yes, the spring break cancels that week's visit - if the Order calls for her to have the child during spring break. It appears that that is how your Order was drafted.
If you have a split birthday and the child needs to wake up, get dressed, go to bed, maybe there only are 8 viable visiting hours in the day and the 4 hour limit is not unreasonable.
I think it's a short visit but, again, I'm not the mother and legally it doesn't look like specific hours are addressed.
If ever you do go back to court over visitation issues then I suggest you ask the courts to grant resolution by mediation when you 2 encounter a problem and it will keep you out of the courts. Another thing is that so long as the emails are reasonable then I don't see a problem with it. It seems she fears them because once you press send.. its forever.
Right now, she has blocked my email and told me to call about my child's upcoming birthday. So, if I don't call, and she doest call me, can I file contempt for not allowing me reasonable visitationQuote:
Originally Posted by califdadof3
Its not contempt if you do not try to make contact.Quote:
Originally Posted by msir
I filed contempt for denial of visit, and motion to modify support against my ex. She hired a lawyer who sent me a 10 page discovery asking for lots of financial info. Because I didn't respond to it, the lawyer sent me warning letter and then sent me a motion to compel that asked for me to submit the infor and pay my ex's lawyers fees. Will I have to pay her lawyer fees even though I am the one filing the complaint because she denied me visitation?
You didn't respond to the Discovery regardless if it was one page or 10 pages. The attorney's fees can and will be awarded if the Judge has to take the time to hear the Motion to Compel Discovery. This is quite common procedure and is not an idle threat by the attorney. It's perfectly legal to ask for attorney's fees in order to get someone to comply with a discovery of financial matters. If you don't comply and have to go to a hearing, the Judge will ask you why you didn't comply and answer the questions and then award the attorney's fees to the other attorney. The attorney just can't charge you attorney's fees unless the Judge so orders them to be paid.
And yes, it does not matter who filed the complaint in the matter.
Why doesn't it matter when I am the victim?Quote:
Originally Posted by twinkiedooter
I filed both a contempt/show cause against her as well as a motion to reduce CS because of financial hardship. As part of the show cause, ex could have got a public defender (free lawyer) so why should I have to pay. The motion to compel was asking for ridiculous financial info. I also filed a discover asking for infor. The ex didn't want to respond because she said it had nothting to do with the discovery and CS. She later gave it to me through her lawyer. I then sent a letter to the court stating I should have to pay her fees because she could have got a PD. I am the complaintant in this matter and don't see why I would have to end up paying her fees when I am trying to reduce support. If she is found guilt of contempt, do I still have to pay her fees. We go to court next week so I am trying to figure out what will happen if I haven't responded by then
The contempt and discovery motions are two separate matters. It's no defense to a discovery motion that you've got a contempt going against the other side.
Discovery on financial info makes sense if you are seeking to modify support. Of course, you can do your own discovery request and ask the same sorts of questions and request production of the same sorts of docs, so do that.
Better respond to the discovery before the hearing with all of the financial documents you've got and with it send a response to the discovery request explaining what you are producing and, if not everything they are asking, why you cannot provide it all. Verfiy the response as well. This might avoid an order to compel and you might also get a break on the request for fees (judges don't have to award everything asked for in a motion to compel, and he/she might make a modest order for fees, like a few hundred bucks if you get the financial docs to the other side BEFORE the hearing).
Your contempt motion is just totally separate. She might be arraigned on the date of the hearing and the case will be set for further proceedings after that. That's about all I can tell you.
Quote:
Originally Posted by cadillac59
The discovery also include info asking about witnesses I may bring and a description of each date I was denied visitation
YOU opened the door on the financial info by asking for a modification of CS. If you hadn't done that, they may not have been able to ask for financial info. But as soon as you did, you opened that door and could not have ignored the discovery.
As soon as you found out your wife has an attorney, you should have gotten one of your own. Going pro se against an attorney means you are starting with two strikes against you.
She is not my wife, we were never married, and we were not together when the child was born.Quote:
Originally Posted by ScottGem
I went pro se because that's how the case started when she filed for custody. I did not know she would get a lawyer. I cannot afford a lawyer.
One of thee CS issues is that I am having economic hardship, also, if I am now paying CS for another child can they modify my child support to include that CS in this calculation?
>TWELVE Threads Merged<
They are all on the SAME issue so please don't continue to open new threads and stick to this one.
Doesn't matter whether its your ex wife or a one night stand. The fact is that you opened the door by asking for modification of CS.
If you are paying CS for more than one child, they may take that into account when figuring your CS.
But you can't afford NOT to have an attorney. The possibility of losing when you go pro se against an attorney is too high.
Heads up to everyone! Unless you read through this entire thread (some 54 posts) you cannot figure out the background, which is needed to have an opinion.
Personally - I glazed over.
The question posted has nothing to do with the question on page one, which is why I don't understand why the moderator merged them.
Here's why: "TWELVE Threads Merged<
They are all on the SAME issue so please don't continue to open new threads and stick to this one."
Unless it's a brand new case with a brand new woman and a brand new child, all of your threads are related and that's why they got merged.Quote:
Originally Posted by msir
OK, thanks for the clarification.
Well, I received a letter from court granted my ex motion to compel. It said I had to respond to the it within 5 days. I submitted it on last day. It also said the request for my to pay my ex's atty fees will be assessed at a future time, which I guess will be at the hearing. What is the likelihood that I will still have to pay my ex's atty fees now that Ive given information?
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