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Paying Less Than Court-Ordered Support Amount

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  • 02-25-2010, 06:12 PM
    mishmash
    Paying Less Than Court-Ordered Support Amount
    This is for the state of CO (me) and VA (him):

    At the divorce child support and maintenance was put in as "earning potential" since the ex was laid off a month earlier and made no attempt to find another job.

    He is currently receiving unemployment and I'm getting a portion of that, but not nearly as much as the court order.

    After unemployment benefits end, he intends to gets a low paying job. He and his g/f are 'one with the Earth' and his new-founded beliefs are not to have material things or a lot of money in order to stay humble.

    If he takes a low paying job will Child Enforcement still require him to pay the full amount or since he's paying something Enforcement won't go after him?
    If I have to rely on his taxes, I'll never see the full amount.

    Thanks
  • 02-25-2010, 07:01 PM
    Xena
    Re: Paying Less Than Court-Ordered
    Quote:

    Quoting mishmash
    View Post
    This is for the state of CO (me) and VA (him):

    At the divorce child support and maintenance was put in as "earning potential" since the ex was laid off a month earlier and made no attempt to find another job.

    He is currently receiving unemployment and I'm getting a portion of that, but not nearly as much as the court order.

    After unemployment benefits end, he intends to gets a low paying job. He and his g/f are 'one with the Earth' and his new-founded beliefs are not to have material things or a lot of money in order to stay humble.

    If he takes a low paying job will Child Enforcement still require him to pay the full amount or since he's paying something Enforcement won't go after him?
    If I have to rely on his taxes, I'll never see the full amount.

    Thanks

    Since he is on unemployment and some payments are being made, the CSE probably won't take any action.

    Once his unemployment ends and he stops making any payments the CSE will probably start taking actions once he is about 60 days with no payments at all.
  • 02-25-2010, 09:39 PM
    mrshiggins
    Re: Paying Less Than Court-Ordered Support Amount
    And I think that once he starts working, he will be required to pay the court ordered amount. Unless he files for modification or you do, his amount is based on what it was calucated with when the order was ordered.
    I think it'll go on his arreages...
  • 02-26-2010, 09:14 AM
    mishmash
    Re: Paying Less Than Court-Ordered Support Amount
    Quote:

    Quoting mrshiggins
    View Post
    And I think that once he starts working, he will be required to pay the court ordered amount. Unless he files for modification or you do, his amount is based on what it was calucated with when the order was ordered.
    I think it'll go on his arreages...

    Thank You - as it stands now I don't think he will be modifying. The judge won't let him do anything until he appears in person and takes care of his bench warrant (he fled the state).
  • 02-26-2010, 09:29 AM
    jk
    Re: Paying Less Than Court-Ordered Support Amount
    he is currently accruing arrears for every less than full payment made. If he becomes employed, nothing really changes unless he or you go to court to modify the amount. He simply continues to accrue arrears.
  • 02-27-2010, 09:35 AM
    distressedmom
    Re: Paying Less Than Court-Ordered Support Amount
    I've read something that if someone is intentionally underemployed they will be ordered to pay for what they are "capeable" of earning. You might want to collect whatever informaton you can so that you can prove the NCP is intentionally staying underemployed.
  • 02-27-2010, 12:42 PM
    mishmash
    Re: Paying Less Than Court-Ordered Support Amount
    Quote:

    Quoting distressedmom
    View Post
    I've read something that if someone is intentionally underemployed they will be ordered to pay for what they are "capeable" of earning. You might want to collect whatever informaton you can so that you can prove the NCP is intentionally staying underemployed.

    That's what the judge did, but the ex stated that he would be underemployed once he's off of unemployment, so I wasn't sure where it would go from there.

    BTW - I contacted Child Enforcement and the rules are that once he's off unemployment and has a job (or not), then if he doesn't make the full required payments they can start by taking away his drivers license, commercial license, etc.

    I heard horror stories about Child Enforcement Agencies, but so far I'm highly impressed. It only took them 2 weeks since I submitted a case on him until they started garnishing his wages, and he's in another state.
  • 02-27-2010, 01:29 PM
    mrshiggins
    Re: Paying Less Than Court-Ordered Support Amount
    Good that they are on top of everything for you! About time a govt agency actually does something ;)
    They can also throw him in jail for nonpayment... and intercept his taxes (when he is underemployed) and garnish his wages for the back arreages...
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