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-   -   Threatening Child Support (https://www.askmehelpdesk.com/showthread.php?t=338706)

  • Apr 6, 2009, 05:35 PM
    simones21
    Threatening Child Support
    Hi There! To make a long story short... My soon to be ex-husband left me for someone else, and he doesn't have a car. He is expecting me to drive him to and from work, because if I don't then he is going to have to call out from work, and I will not get the full amount of child support, which can lead him to getting fired and therefore it will be my fault, and hence there goes my child support. Unfortunately, his girlfriend lives 50 miles away so she can't drive him. I already filed my paperwork with courts for a divorce. He's also threatening to take my car which is in my name. I work part time for right now until I can find something better, he uses that against me and how I need to rely on him for Child Support. Any opinions on what I should I do.
  • Apr 6, 2009, 05:48 PM
    stevetcg

    Let him miss work and let him try to get the car. If he misses payments, report it to Child Support Enforcement. It might suck some for you, but I assure you, it'll be MUCH worse for him and he'll figure something out. Tell him to take the bus.

    But that's just my opinion.
  • Apr 7, 2009, 07:05 AM
    cdad
    Quote:
    Originally Posted by simones21 View Post
    Hi There! To make a long story short... My soon to be ex-husband left me for someone else, and he doesn't have a car. He is expecting me to drive him to and from work, because if I don't then he is going to have to call out from work, and I will not get the full amount of child support, which can lead him to getting fired and therefore it will be my fault, and hence there goes my child support. Unfortunately, his girlfriend lives 50 miles away so she can't drive him. I already filed my paperwork with courts for a divorce. He's also threatening to take my car which is in my name. I work part time for right now until I can find something better, he uses that against me and how I need to rely on him for Child Support. Any opinions on what I should I do.
    Has there been a custody / support hearing already ? Also in some states the car may be community property depending on when it was bought etc. What's the status of the divorce at this time ?
  • Apr 7, 2009, 03:28 PM
    this8384
    Quote:
    Originally Posted by simones21 View Post
    Hi There! To make a long story short... My soon to be ex-husband left me for someone else, and he doesn't have a car. He is expecting me to drive him to and from work, because if I don't then he is going to have to call out from work, and I will not get the full amount of child support, which can lead him to getting fired and therefore it will be my fault, and hence there goes my child support. Unfortunately, his girlfriend lives 50 miles away so she can't drive him. I already filed my paperwork with courts for a divorce. He's also threatening to take my car which is in my name. I work part time for right now until I can find something better, he uses that against me and how I need to rely on him for Child Support. Any opinions on what I should I do.
    There's a WHOLE bunch of problems with this story.

    First, if he misses work, they will not reduce what they take out for child support. If he told you that, he's lying through his teeth. They take out the court-ordered amount, regardless of what he earned - or didn't - in a pay period.

    Second, if he loses his job, he'll just have to find another one. Child support doesn't end just because you're unemployed; they'll take it out of his unemployment check as well. And even if he doesn't get unemployment, he still has to pay you - that's the bottom line. Failure to pay support can land him in jail.

    Third, he complains that you're working part-time but how are you supposed to work a full-time job when you're running him all over God's green earth?

    He may have left you but you certainly didn't lose out, sweetheart. Stop playing taxicab and tell him to start carpooling.
  • Apr 7, 2009, 03:55 PM
    Fr_Chuck
    Yes, tell him too bad, call a cab. He is merely doing one of what will be 100's of threats over the years. He is trying to fool you with lies, that you believe since you don't have an attorney yet I would guess.

    You need to get a divorce, get child support order in writing from the court if you don't have one already.
  • Apr 7, 2009, 04:00 PM
    cdad
    Quote:
    Originally Posted by this8384 View Post
    There's a WHOLE bunch of problems with this story.

    First, if he misses work, they will not reduce what they take out for child support. If he told you that, he's lying through his teeth. They take out the court-ordered amount, regardless of what he earned - or didn't - in a pay period.

    Second, if he loses his job, he'll just have to find another one. Child support doesn't end just because you're unemployed; they'll take it out of his unemployment check as well. And even if he doesn't get unemployment, he still has to pay you - that's the bottom line. Failure to pay support can land him in jail.

    Third, he complains that you're working part-time but how are you supposed to work a full-time job when you're running him all over God's green earth?!

    He may have left you but you certainly didn't lose out, sweetheart. Stop playing taxicab and tell him to start carpooling.

    Part of this answer may be wrong.
    (quote ) First, if he misses work, they will not reduce what they take out for child support. If he told you that, he's lying through his teeth. They take out the court-ordered amount, regardless of what he earned - or didn't - in a pay period ( end quote )

    If they exceed 50% of his pay then they may not by law take more then that. Depends on if he says to or not. It would be applied to arrears. That's federal law.
  • Apr 8, 2009, 07:09 AM
    this8384
    Quote:
    Originally Posted by califdadof3 View Post
    If they exceed 50% of his pay then they may not by law take more then that. Depends on if he says to or not. It would be applied to arrears. Thats federal law.
    Yes, they cannot reduce his income below the federal poverty level by taking out child support. But he still has to pay the full amount of support, which is the bottom line. Whether it's out of his paycheck, through tax refund intercepts, in arrears payments, etc. he is still going to pay the support as ordered.

    The OP seems to think that if her gem of an ex-husband is out of work, she won't get anything and it seems to me like he placed that thought there. Sure, she may not get it immediately... but she will get it.

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