Wednesday, February 22, 2012

I found out about the child support. My children's father payday isn't what he told me. I called his office to ask if it had been withheld and I was told that their payday dates changed. He did get paid on the 17th and they withheld the payment. So, the wait starts again for us to wait to get support. This means that he most likely got paid on the 2nd and didn't send payment in even though the judge told him to. My husband thinks if the payment isn't doubled then I should take him back to court for the payment.

I don't know what to do. I really don't want to stir up anymore trouble if I don't have too but I get why my husband thinks we should. The judge told him to do it and he didn't. Also, he had his tax return so it's almost like him saying F You. I am not paying.

The waiting starts again on the state getting it. Then, I have to call and ask them to send me the debit card. They won't send me the card until they see money on the account. Also, they won't send me a check until I sign some paperwork saying I want to cancel the debit card.

It says it's my responsibility to spend any money on the card and they won't send a check so it worries me to cancel it and the money gets to the state around the same timing as the letter to cancel.

4 comments:

Karen said...

I don't think I understand the logic, except that every day must feel like a week when you wait for money. If it's a court order, his work was sent a copy of the court order, and they are legally bound to withhold the payments through his HR department. It really wouldn't matter if he told you he was paid on the 33rd of every month. The court would have sent his HR department a notice stating what the payments will be IF they pay him weekly/bi-weekly/bi-monthly/once a month. And then the HR department conforms (they have no reason not to).
I do know that the DA has to send the notice, and if HR did not get the notice till (say) the day after the pay check was cut, then it would take another two weeks for it to kick in, and then it takes 1 to 2 weeks to get to you...so essentially, it can take a full month for YOU to see it, and they can still be conforming to the court order.
But it really wouldn't be up to him, regardless if he gave you the wrong date for paydays. Unless, the court is allowing him to send it in without a wage garnishment. But that usually is not the case, unless you yourself requested it.
I don't think you will see double payment, and the courts will probably not see you again to get double payment for the first month, providing it is consistent payment after that....but keep in mind, the up side is, how ever much extra time it takes for you to get it now, you will have it that much later at the end too. If it is taking an extra month to actually receive it, you will get it till your son is 1 month past legal age to stop child support.
Bottom line, unless it is not going through a wage assignment, your ex has no control over it even if he wants to.

Karen said...

OK I didn't see that the judge told him to send the first payment directly before the wage assignment kicked in. If that is in the court ordered papers, then you might be able to take him back...but if the judge just told him to, and did not put it into the papers, then it becomes word against word...and the judge MIGHT go either way over one payment being 'late'. Sucks though, for sure!

birthmothertalks said...

Karen, for me it's not that I feel that I "need" this money as of right now because we have a cushion because of tax money. I will just feel better once I have the money because we have been having a hard time making the house payment on time because of the extra expensive of having my oldest son with us.
I did talk to the HR and they have taken the money out. I don't think we had time to take it out of the first check after the court date because it was only a matter of two days.
I really don't want to go back to court. He is taking all this out on my son and has ignored him when he see's him visiting his Grandma.

Karen said...

S.a.d. Sounds so familiar. Sorry your son has to put up with a father who is more immature than he is.