CS arrears and jail time?
BM just text messaged me asking if we(I) had made a CS payment yet this month. The answer is no, because I'm not paying it anymore and DH doesn't have a job.
BM continues to say that she doesn't understand why DH doesn't have a job because it's been six months and he should have one by now.
Well, BM, you don't live in our state nor do you know or understand our situation.
BM also goes on to say that social services is pressing her to call and complain about the child support. Saying that he will be put into jail if she calls and complain. Although, I do know this is an option, I was under the impression that someone had to have huge arrears for that to be even considered. Right now, DH's arrears are about $2500 (I checked his account). The social services person claims he owes close to $11,000. This is a big load of crap! Does anyone have any idea of WHEN and what type of circumstances they'll put the NCP into jail for failure to pay CS?
I told BM that if she was having financial troubles that we could take SD5 for a while until she got stuff sorted out. I told her adding one more person wouldn't really change things financially for us. I got no response to that one 
- lastchance's blog
- Log in or register to post comments
Comments
Ooooooo, be careful! You
Ooooooo, be careful! You told her that taking SD5 wouldn't change things financially, yet on the other hand, you're esentially saying that you don't have the money to send her for CS. Did you send that in a text? She could use that against your DH.
Wait a minute. If SHE is the
Wait a minute. If SHE is the one taking care of the SD, can the court really use that as proof of SO's financial state? I need to figure all of this out, because I always thought that MY finances are none of BM's business.
it really wouldn't though. i
it really wouldn't though. i already buy SD5 clothes (hooray for thrift stores!) and mail them to her. i buy her toys and mail them to her. i send her cards/gifts/etc. the only thing that would change is one more person to feed and i don't think that would be much of an issue.
It depends on the state in
It depends on the state in which you live....has he petitioned the court yet?
we have asked to have his CS
we have asked to have his CS lowered three times and every single time the answer was "there has not been a significant enough change in circumstances to warrant a change to the child support order"
i'm not really sure how it's possible that going from $1500ish a month to nothing is not a significant change, but that is what our CS office claims.
BM is a known and historic
BM is a known and historic manipulator. She will use any kind of leverage she *thinks* she has against us.
BM has never worked in her life. She lives off of the state (TANF, section 8, LEAP, food stamps, etc). She is having financial issues, not because DH hasn't paid CS but because she doesn't and refuses to work. It is easier for her to live off the state and other people.
Also, DH's CS case has only been open for about 18 months and he has only been behind for, ya know, I don't remember when the last payment was made. He's been out of work for about a year though but I was making them for a while. I don't think interest would make it be almost $11,000 already, if they have done that.
Thank you Crayon! I replied
Thank you Crayon!
I replied to one of her posts on this blog entry and afterwards I decided to delete my post and her comment. I took her comment as rude and offensive and my reply wasn't much better. Don't want to be getting into trouble now!
If DH is still out of work,
If DH is still out of work, then he should file with the court for temporary halting of CS until he can find employment. In my state, NCP must have $5000 in outstanding arrears before they see any jail time. My DH's lawyer told him that a judge will only throw someone in jail for contempt if that person "holds the key" to his own release. That means they won't put DH in jail unless there is a way for him to get out - which can include borrowing money from family members to pay for arrears. But they won't do anything to a CP who kidnaps her child and tries to keep DH from finding him. In fact, DH can pay for that too. (sorry, i still have some strong feelings about my unfortunate situation.)
BM ran away with SD three
BM ran away with SD three years ago because she has felony warrants in my state. We didn't have contact with her really until about a year and a half ago...now that I think about it, that's when the child support case started. I can't believe I never made that connection before!
Anyways, I just wanted to tell you I feel your pain in that situation
Agreed! I also told BM that
Agreed! I also told BM that I wasn't surprised if Social Services was pressing her to complain because of that very reason!
that's why she opened the CS
that's why she opened the CS case to begin with. they made her when she received her TANF benefits, nevermind the fact that her husband at the time was making almost double of what i am making right now.
hey crayon...you are awesome
hey crayon...you are awesome (really you are) but lets not throw stones ok. i have a vision of this all exploding and Admin getting pissy, and i would really like to avoid that. please
i'm not sure how she could,
i'm not sure how she could, but she did. according to her own mother-in-law, at the time she filed for TANF, she also had just received her husbands income tax return that was something like $7,000. but i'm sure she got away with it the same way she can get food stamps with felony warrants(even though it's a question on the application). no one cares to press deaper than the surface.
I believe in my state (MD),
I believe in my state (MD), its over 60 days or $2500.00 behind. Not saying they would throw him in jail, but you can press contempt under those conditions. BM hasn't been thrown in jail and she's still over $11000 behind. She's made payments in the last 6 months but thats only because she had 2 contempt hearings and worked the system both times, they told her if she didn't pay and pay on time, she would go straight to jail from the courthouse during this next hearing.
Lol. I forgot my point when
Lol. I forgot my point when typing, sorry. Most likely they won't put your DH in jail. Also the courts should show that he has at least tried to lower child support, and he doesn't have a job so its not like he can pay, so I don't think much will happen. YOU should not pay ANY child support. That isn't your responsibility. Good Luck with it all.
that's why i stopped paying
that's why i stopped paying it after getting some very sound advice from the ladies here
I think he is probably very
I think he is probably very close to being at the point where jail "could" be on the table as a consequence. Possibly something like jail until he pays a purge amout (which means you pay)...often times that purge amount is 1/4 or 1/2 the total arrears.
Like Blended said, if he can show ANY effort (taking a gas station job and paying whatever they withhold) then he is more likely to get leniency from the court. At this point 11K or 2500 is kind of irrelevent the judge could order jail for either.
Jail time is very unusual for
Jail time is very unusual for any but the most worthless dead beats. However, be careful about going too long without DH paying support. They will make him pay the arrearages eventually and it will be painful. They add the arrears to the CO CS level so his monthly obligation will be higher when he gets back to work.
Good luck and best regards.
Too bad! It's not your kid!
Too bad! It's not your kid! If her ex doesn't have a job, too bad! If you had a kid together your kid wouldn't get a dime from dad, wth these women feel entitled to anything when the ex has no Job is beyond me! And also, wth is it ok for her to not work to support her kid but not ok for dad? I am sick of the double standard...God forbid my DH loses his job again there is no way I would pay for his kid again...I'd move to Cuba instead...
Good luck to you...