Child Support Question
My SO was awarded child support from the kids mother. Our states child support division website says it can take 90-120 days to set up (MD). She paid him this month directly through a joint account, and now is asking for it back because it has to go through the state. Can she actually make payments through the state before it is fully set up. Does it actually take the 90 days that is stated on their website?
My SO emailed his lawyer about this issue, but I still wanted to ask here for help. Should he give the money back and see if she can actually pay through the state this month, or wait until it is set up through the state?
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In my state (which is not
In my state (which is not your state) , first the state gets the court ordered paperwork and amount (the hows and whens) then the employer (if being auto taken out) receives the notice from state and sets up to be payroll deducted. Then when it hits her first paycheck under the now set up and ready account (with both employer and state), it begins being withdrawn. Employer electronically submits it to state, state documents and then puts it on CP's card. Once it starts coming, you should be able to see it processed online.
Has your Dh cashed the CS BM sent? If not, she really should send it to state processing center so she gets credit for it. It doesn't mean you won't get it, just means it will take longer.
Shes not employed, just gets
Shes not employed, just gets disability from being in the Army, so that makes things a little different.. I don't know how that is processed, or if she is supposed to make the payments on her own from her account once she receives her monthly pay.
It should work the same. My
It should work the same. My SGS's BM was ordered to pay SS CS through her disability (it wasn't much but something is better than nothing). It was taken out of her disability prior to her receiving it each month.
What SS got for SGS was the part of her disability monthly 'entitlement' increase for SGS being her dependent before she lost custody. The 'child' part was sent directly to SS. I never asked him if it was electronic deposit into his checking account or if it was put on a card monthly. It was a little more paperwork (government side) than regular CS. Is there a phone number for you to ask questions? If so, expect to be put on hold like forever (LOL) but they may clear up your DH's question as to how to handle what she just paid.
SGS lost his CS allotment when he turned 19 (he was still in school through age 19).
Whether she pays through the
Whether she pays through the state or not, she still has to pay.
After all the hassle she's put you all through, I'd hang on to it and only run it back through the joint account once you receive the actual payment from the state.
It's always safer to go
It's always safer to go through the state and yes she may have to depending on how things work.
In our case SO must make all payments through the state. This is causing us to be in a bind because he can not set it up until after the court order is completely finished. He has to have a number that will only be given by the judge. Any payments that he makes now will not matter because the amount of back child support is calculated from a set date and that is what the state will say he owes end of story. It legally says all payments go through the state. Anything outside of that would be considered a gift.
It's annoying as hell. He has to hold onto all the back payments. Once the account is set up and and approved through the state he will have to mail them a check for all that amount with all the information needed including her name, account number, stuff like that. On top of this the lawyer advised him from keeping it in his bank account because if she get's a wild hair she can attempt to claim half of his account as a martial asset. Given she shouldn't win but it's just one more annoying hurdle. He did find a way around by creating a savings account in the kids name basically.
Basically please don't cash the check because it will be extremely hard for her to prove she's paid and get credit for it if the order says it must go through the state. Yes you are entitled to the money but go through the court order way of getting it. Sometimes in the end it doesn't even matter if you guys complain about not being paid or not. The state will look at the order and what went through their system. If it does not match she must pay the difference no matter what.
The court order doesn't state
The court order doesn't state how it is supposed to be paid, just that it needs to be paid. He will see what his lawyer tells him to do.
Then yeah as long as she
Then yeah as long as she wrote the check correctly and has a bank account she shouldn't have an issue every proving she paid it.
Do wait for the lawyer just for peace of mind.