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stinawords · Dec 7, 2008, 01:47 PM

What state are you in? I know in some jurisdictions (like mine) if you are ordered to pay through the child support office then you are only allowed to send one payment directly to the cp they will credit that one payment (with your proof obviously) but any more than that is a "gift".

msir · Dec 7, 2008, 03:15 PM

Originally Posted by stinawords

What state are you in? I know in some jurisdictions (like mine) if you are ordered to pay through the child support office then you are only allowed to send one payment directly to the cp they will credit that one payment (with your proof obviously) but any more than that is a "gift".

Would that be in fam law regs.
My order states first payment only to be directly to ex. Garnishment to start after that. I pay to dcsea until iit starts. I paid that 3 months ago. Garnish had not started and csea says I'm 3 moonth arrears so I sent her another oone recently.

stinawords · Dec 7, 2008, 05:16 PM

Have you asked your place of employment why they hadn't started taking payments out? If it shows that you are in arrrears then you neen to make a payment through the dcsea in order for it to credit properly.

msir · Dec 7, 2008, 07:22 PM

Originally Posted by stinawords

Have you asked your place of employment why they hadn't started taking payments out? If it shows that you are in arrrears then you neen to make a payment through the dcsea in order for it to credit properly.

Not going to do that. I have 2 CS WOs against me and they could fire me if they wanted. Don't want to press issue with them.

Then I should have sent it to csea instead of her. Now I have too prove I gave her money.

Fr_Chuck · Dec 7, 2008, 08:09 PM

A order to garnish pay has to be honored, in most states if they refuse to withhold the pay, they can actually be held liable thierself to pay it.

cadillac59 · Dec 7, 2008, 08:17 PM

Originally Posted by Fr_Chuck

a order to garnish pay has to be honored, in most states if they refuse to withhold the pay, they can actually be held liable thierself to pay it.

That's true. That's what I said about California. If an employer doesn't withhold for it under an order they owe it themselves.

msir · Dec 12, 2008, 08:52 AM

Its in my older thread

JudyKayTee · Dec 12, 2008, 09:05 AM

Originally Posted by msir

Is is worth it to go back to court over a legal custody issue, such as not providing the NCP with the required ordrered information?

I'd say it depends on what you have to win or lose -

Also important to read the other threads to find out what this situation is. Probably should be combined for ease in responding. For example: https://www.askmehelpdesk.com/family...se-263152.html

msir · Dec 12, 2008, 09:31 AM

OK, ill add it to the other thread

msir · Dec 12, 2008, 09:34 AM

Ok so my motion got denied and ex's got heard and I have to pay more CS. Now I want to know if its worth taking her back to court over legal issues because ex is ordered to give me ds medical/school infor. Although he is indaycare I would think daycare applies to. I know of an upcoming event she didn't inform me of. I can't go because its too late. She is not doing what she is supposed to. Is it worth going back for contempt of this. How would the court penalize ex for not obeying the order

cdad · Dec 12, 2008, 05:15 PM

If your child is in daycare then it would stand to reason that you too know the daycare people. Do you ask questions when you pick your child up from there ?

msir · Jan 5, 2009, 12:53 PM

Originally Posted by califdadof3

If your child is in daycare then it would stand to reason that you too know the daycare people. Do you ask questions when you pick your child up from there ?

I never pick him up or take him to daycare. I never have him overnight during the work week.

msir · Jan 5, 2009, 12:56 PM

My ex says she is preparing to file contempt against me and my employernow. Can she do that? Shouldn't that be at the descretion of CSE if they felt the need? Obviously CSE doesn't feel its necessary or else they would file. It is not my fault that my job has not started garnishing my pay as of yet?

MsMewiththat · Jan 5, 2009, 01:25 PM

I would say you should keep track of all payments sent to the CP. Please send them via registered mail and get a delivery receipt for service through the post office. Also in the memo line please indicate the payment is for child support and indicate what month. She can request that they go through the contempt process. However if your employer was served than you don't have to worry about the charges being filed against you. Can you ask your Human Resources Department what the hold up is. Do it in writing so you have a trail.

msir · Jan 5, 2009, 01:39 PM

Originally Posted by MsMewiththat

I would say you should keep track of all payments sent to the CP. Please send them via registered mail and get a delivery receipt for service through the post office. Also in the memo line please indicate the payment is for child support and indicate what month. She can request that they go through the contempt process. However if your employer was served than you don't have to worry about the charges being filed against you. Can you ask your Human Resources Department what the hold up is. Do it in writing so you have a trail.

The order staed everything goes through CSE and via wage garnishment. Technically, she would be correct if she stated she hasn't received 3 of the 4 payments that are due to her. I just don't think its her place to file since the case is with CSE

msir · Jan 30, 2009, 09:42 AM

OCSE filed contempt on me for nonmpayment of support. The order to pay OCSE has been in effect for four months and Ive only been able to make 1 payment to the CP. I have a hearing in Mid feb. What is going to happen and what can I do to address the contempt charges.

Also, I filed for modification of child support due to financial hardship. Right now it is leaving me with less than 1k to live on monthly. Will the judge reduce my support due to financial hardship?

msir · Feb 3, 2009, 08:14 AM

I have to go to a hearing because OCSE filed contempt for nonpayment against me. What will happen at that hearing? Will I be sent to jail.

ScottGem · Feb 3, 2009, 08:19 AM

Its unlikely you will be sent to jail, unless you refuse to pay. Most likely your wages will be garnished for the support payments.

msir · Feb 3, 2009, 09:22 AM

Originally Posted by ScottGem

Its unlikely you will be sent to jail, unless you refuse to pay. Most likely your wages will be garnished for the support payments.

Garnishment was in the original order since October and my employer never began the garnishment. So in the past five months Ive only made one payment, but I guess child support enforcement still filed on me.

this8384 · Feb 3, 2009, 09:32 AM

Originally Posted by msir

garnishment was in the original order since October and my employer never began the garnishment. so in the past five months Ive only made one payment, but I guess child support enforcement still filed on me.

If you've only made one child support payment since October, of course they're going to file for contempt because you are in contempt. There is a order in place which you haven't been paying on. If your employer never began garnishment, it's your responsibility to find out why they haven't and to make sure they do, and if they don't, then you need to send the money in yourself.

They've filed for contempt to find out why you haven't been paying. You're not going to go to jail... yet. You need to catch up on your payments as soon as possible and make sure that you stay current so that this doesn't happen again.