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No more child support!

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  • No more child support!

    I just got a call from our state's child support enforcement division (CSED) letting me know that my ex husband is no longer employed therefore not to expect any child support any time soon.

    He's been at the same job for 7 years now, so this will be the first time I've had to deal with this. I'm waiting on a call back from my case worker since I have a ton questions that didn't come to mind during my initial shock.

    Does this mean that if/when he gets a new job that he'll have to initiate the deductions to come out of his payroll, or will the state keep track of that? Or will I have to go do some detective work to see if he's gained employment. :huh:

    It's also crossed my mind that he may have lied about no longer being employed so that CSED wouldn't deduct anymore from his paycheck. I wonder if they verified his termination status. Is that public record? Could I call his employed and find out if he's still employed there? :huh:

    I recently filed a motion to enforce a previous order and our court date is in February. I wonder if this is some sort of retaliation. It's definitely not out of the realm of possibility since he is the type of person to cut off his nose to spite his face.

    Now that the shock is fading, the anger at his lack of financial commitment to our DD is setting in. He could've at least sent me an email informing me. Thank goodness my case worker was nice enough to give me a heads up.
    Charlene~Married to an attending Ophtho Mudphud and Mom to 2 daughters

  • #2
    Re: No more child support!

    Charlene, I'm sorry - my sister went through this with her ex-husband excessively. Finally it got to the point where if he wasn't paying he wasn't seeing his son, his parents started paying so that they could see him. I'm not sure if that was even legal but since he wasn't willing to show up in court my sister pretty much did what she wanted.

    I'm sorry you're going through this - I hope you get some answer.
    Wife to NSG out of training, mom to 2, 10 & 8, and a beagle with wings.

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    • #3
      Re: No more child support!

      You *should* be able to call the company and verify employment status. Prospective employers do this all the time when people are looking for work, call the previous employers on the person's resume up and confirm the person used to work there and doesn't any more. What was the job? Does he have work email? If so, if he sends email from that address, that would indicate he still works there...

      Not sure about how it works if/when he finds another job; you shouldn't have to, but you may need to keep tabs and find out when he starts working again. I would think there'd be a system in place where if he is employed above-board, when the company he works for files taxes for him, the SSN will be checked by the state. Seems logical, but we all know how well logic works in such situations.

      That stinks. I hope it gets worked out without too much hassle!
      Sandy
      Wife of EM Attending, Web Programmer, mom to one older lady scaredy-cat and one sweet-but-dumb younger boy kitty

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      • #4
        Re: No more child support!

        I'm treading *very* lightly because I'm not familiar with the controlling laws in your jurisdiction. In my experience, States handle cs in VERY different manners. My former judge made everyone pay c.s., no matter what their circumstances, even if it was a symbolic amount of $50 per month. In one case, cs was ordered for a quadrapalegic with extensive health care expenses exceeding his monthly benefits. Even he was ordered to pay $75 a month. Contrast this situation with a handful of cases in Indiana where I have seen a few discrete situations in which cs was not awarded.

        With this hedging in mind (ah, the attorney still resides in me ), one of the questions I definitely would ask is whether your ex is entitled to receive unemployment, whether he has applied for it, how long he is entitled to such benefits, and when any benefit is expected to arrive. Further, I would ask whether he has been advised of his absolute duty to report any and all income to the child support offices AND to inform any future employer of his legal obligation to withhold cs. I would be as polite as possible with my cs case worker, but I would also be...diligent in communicating with them.

        DO be forthright, honest, and courteous with everyone you come into contact. Believe me when I say that if things get nasty, any and all underhanded deads, even if they are the reasonable product of frustration, WILL be held against you.

        Best of luck.

        Kelly
        In my dreams I run with the Kenyans.

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        • #5
          Re: No more child support!

          Finally it got to the point where if he wasn't paying he wasn't seeing his son, his parents started paying so that they could see him.
          I would never deprive my DD of a relationship with her dad, stepmom (as much as I dislike her) and her half brothers because of his lack of financial contribution. That just seems like punishing the wrong person. Even if I did want to go that route I highly doubt the courts would ever grant me full custody or decrease his time with her since I couldn't imagine it being in the best interest of the child. If he was not picking her up when he is supposed to, well then I would definitely pursue sole custody because that would be a lack of emotional commitment to our DD.

          My former judge made everyone pay c.s., no matter what, even if it was a symbolic amount of $50.
          That reminds me of when I initially filed for divorce. Since I just wanted out, I did not request cs. As it turned out the judge would not sign off on the divorce w/o ordering some sort of cs. At that time I was making more money than he was and the worksheet came out to a measly $41 a month! And you should've seen how pist he was about it! So you can imagine the look on his face when 3 years later it increased to $550 a month.
          Charlene~Married to an attending Ophtho Mudphud and Mom to 2 daughters

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          • #6
            Re: No more child support!

            Well my sisters situation was different in that 1/2 the time we didn't even know where he was. He'd show up one day and then be gone for six months, luckily my nephew was in a loving family with a great step-dad and he knew that his dad was a jerk. Now that he's older he does see him a little more, and sees his grandparents even more but his dad is still VERY irresponsible and my nephew knows his step dad is his "real" dad in all true meanings of the word.

            I asked my sister and she said yes, in Kansas if he was getting unemployment from the state, they would garnish it and send it directly to her.
            Wife to NSG out of training, mom to 2, 10 & 8, and a beagle with wings.

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            • #7
              Re: No more child support!

              Good luck, Charlene. What Kelly said sure makes sense.

              Comment


              • #8
                Re: No more child support!

                Well my sisters situation was different in that 1/2 the time we didn't even know where he was. He'd show up one day and then be gone for six months, luckily my nephew was in a loving family with a great step-dad and he knew that his dad was a jerk. Now that he's older he does see him a little more, and sees his grandparents even more but his dad is still VERY irresponsible and my nephew knows his step dad is his "real" dad in all true meanings of the word.
                See if this were the case, I'd definitely pursue full custody.
                Charlene~Married to an attending Ophtho Mudphud and Mom to 2 daughters

                Comment


                • #9
                  Re: No more child support!

                  I asked my sister and she said yes, in Kansas if he was getting unemployment from the state, they would garnish it and send it directly to her.
                  Well that's good to hear. One less thing for me to have to bother with. My case worker had just left a message on my machine, so when I returned the call I got some random operator who read me the notes on my file. I asked to have my case worker call me back again so I could ask these very questions.

                  I am still deciding whether to email or call him about this. I'm irritated because he should have notified me, especially since he carries her medical/dental insurance. I have a right to know. I am not sure what the point of contacting him will be as he won't respond to an email or answer his phone.
                  Charlene~Married to an attending Ophtho Mudphud and Mom to 2 daughters

                  Comment


                  • #10
                    Re: No more child support!

                    Originally posted by house elf

                    With this hedging in mind (ah, the attorney still resides in me ), one of the questions I definitely would ask is whether your ex is entitled to receive unemployment, whether he has applied for it, how long he is entitled to such benefits, and when any benefit is expected to arrive. Further, I would ask whether he has been advised of his absolute duty to report any and all income to the child support offices AND to inform any future employer of his legal obligation to withhold cs. I would be as polite as possible with my cs case worker, but I would also be...diligent in communicating with them.


                    Kelly
                    All states should have a cross-match system in place with respect to unemployment benefits and child support orders. So, if there is a child support order in place and your ex file for UC, the system *should* catch it and autimatically garnish the child support.
                    Wife of Ophthalmologist and Mom to my daughter and two boys.

                    Comment


                    • #11
                      Re: No more child support!

                      That just royally stinks. So bc he doesnt have a job anymore, you and your DD suffer the consequences? That doesnt seem right or fair at all.
                      Mom to three wild women.

                      Comment


                      • #12
                        Re: No more child support!

                        Is there any update on this?
                        Mom to three wild women.

                        Comment


                        • #13
                          Re: No more child support!

                          I'm late here, but I hope things are working out.
                          Luanne
                          wife, mother, nurse practitioner

                          "You have not converted a man because you have silenced him." (John, Viscount Morely, On Compromise, 1874)

                          Comment


                          • #14
                            Re: No more child support!

                            Originally posted by Cumberland
                            Is there any update on this?
                            Not really any updates yet. I spoke with my caseworker and she's pretty damn awesome, thank gawd. Supposedly he went into their office last week and said he's no longer employed (as of the end of October) so that they need to stop garnishing his check. She asked for proof or a letter and he said he left it in the car. :huh: (uh, why she didn't ask for him to go retrieve it, I dunno ) She did advise him he is still responsible for paying the full amount at which point he gave her a sob story about "poor me", but she says that's his responsibility.

                            The thing is in October, I filed a motion to enforce a previous order since he hadn't been paying for the extras like uncovered medical expenses and extra curriculars and he hasn't been getting her to her soccer games/practices and we have a hearing in on Feb 14th. Of all days, friggin Valentine's Day?!?!? So now he'll have the benefit of using this hearing to get his cs lowered w/o having to get off his lazy arse and file the paperwork and pay the filing fee. I'm trying to get this hearing rescheduled since I think DH and I are going to go away for V-day. I've left a few messages on the judge's secretary's voicemail but haven't got a response back. Can any attorney's here tell me if I need to go file paperwork to have that done or can I do it by phone?

                            Thanks guys for all your support. This situation really bites. It couldn't have worse timing either with the holidays coming up.
                            Charlene~Married to an attending Ophtho Mudphud and Mom to 2 daughters

                            Comment


                            • #15
                              Re: No more child support!

                              Excuse me if I am wrong, but were you worried about moving out of state in the future for training, and him preventing it? If so, maybe you can use this to get him to agree to letting you leave the state. Just thinking ahead! I think it is called making a deal with the Devil!!!!!!
                              Luanne
                              wife, mother, nurse practitioner

                              "You have not converted a man because you have silenced him." (John, Viscount Morely, On Compromise, 1874)

                              Comment

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