Child support, garnishments, unemployment and a vent

[Belle0101]

I would guess that each state is different but generally speaking if you draw unemployment and have a wage garnishment against you are you obligated to disclose the garnishment?

And now for the vent - my ex has had a granishment against him since 2002. At that time there was also order put in that he is to inform the prosecutor regarding all wage and employment changes.

Of course he has never, and I repeat NEVER, told an employer about the garnishment or notified the prosecutor regarding changes.

2005 comes along and along with other issues, my attorney points this out. He is then ordered to also notify my attorney within 48 hours of all wage and employment changes.

I bet you see where I'm going don't you?

He has never told his employers (he likes to get a job, finds it's too hard and then quits) about the garnishment nor has he notified the proper court officers.

On the one rare chance I found out that he was employed, 2007, I called my attorney and asked them to call the employer to inform them of the garnishment.

Yeah, sorry can't be done. I had to pay my attorney to go back into court to have the garnishment order sent to his employer via the court system.

All of the sudden now, no child support. I found out via his employer that he is laid off.

Guess where I'm going with this?

The last time he was on unemployment he quit paying support, hired a lawyer, took me to court, asked to have support lowered because he was on unemployment. To which the judge asked, "Is your attorney charging you? Couldn't you have used that money to pay support?"

Which leads back to my question - is he obligated to let the unemployment people know there is a wage garnishment for support? Or am I just plain out of luck?

 

[C.Ann]

It probably varies from state to state, but you may be out of luck..

I know this doesn't help now, but it's an interesting story.. I have a friend in Maine (my age - 59).. She and her ex had 4 children together - one being a special needs child.. Her ex disappeared when the children were little, so they couldn't track him down to collect the support he was ordered to pay.. She went to work and supported the children on her own..

Fast forward to many years later - her children were grown adults and had children of their own.. Her county hired a new employee in the child support division who made it his mission to track down the "cold case" files.. He was able to locate her ex - who had just retired - with a lump sum pension.. Do you know where I'm going with this? They swooped down on him and took every single dime of back child support he owed out of his pension!!

It was a looooong time coming - but "justice prevailed"..

 

[Belle0101]

Thanks C.Ann That is an interesting story and while it may not help much in the financial department at the moment it does give me hope that someday, someway or another, he will have to pay what he owes.

As of now he's about $1500 in arrears. Depending on one's financial status it may not seem like much but we sure could make use of it, spending it on silly things like groceries, mortgage payments, DS medical expenses, etc. Did I mention he's supposed to pay a portion of those too? Maybe I'll get that money someday too?

 

[C.Ann]

Thanks C.Ann That is an interesting story and while it may not help much in the financial department at the moment it does give me hope that someday, someway or another, he will have to pay what he owes.

As of now he's about $1500 in arrears. Depending on one's financial status it may not seem like much but we sure could make use of it, spending it on silly things like groceries, mortgage payments, DS medical expenses, etc. Did I mention he's supposed to pay a portion of those too? Maybe I'll get that money someday too?

By the way - for future reference - they can and will garnish social security checks for back child support..

 

[santa's surpriz]

I would guess that each state is different but generally speaking if you draw unemployment and have a wage garnishment against you are you obligated to disclose the garnishment?

And now for the vent - my ex has had a granishment against him since 2002. At that time there was also order put in that he is to inform the prosecutor regarding all wage and employment changes.

Of course he has never, and I repeat NEVER, told an employer about the garnishment or notified the prosecutor regarding changes.

2005 comes along and along with other issues, my attorney points this out. He is then ordered to also notify my attorney within 48 hours of all wage and employment changes.

I bet you see where I'm going don't you?

He has never told his employers (he likes to get a job, finds it's too hard and then quits) about the garnishment nor has he notified the proper court officers.

On the one rare chance I found out that he was employed, 2007, I called my attorney and asked them to call the employer to inform them of the garnishment.

Yeah, sorry can't be done. I had to pay my attorney to go back into court to have the garnishment order sent to his employer via the court system.

All of the sudden now, no child support. I found out via his employer that he is laid off.

Guess where I'm going with this?

The last time he was on unemployment he quit paying support, hired a lawyer, took me to court, asked to have support lowered because he was on unemployment. To which the judge asked, "Is your attorney charging you? Couldn't you have used that money to pay support?"

Which leads back to my question - is he obligated to let the unemployment people know there is a wage garnishment for support? Or am I just plain out of luck?

Were we married to the same man??? My ex has spent more time on unemployment than employed since or divorce 3 years ago. His child support does come from unemplyement and is having it re-evaluated. He can afford his payments on his BMW but cannot afford to share the costs of raising his child! MAkes me wanna spit! He thinks bc the day care went down that I have fewer expenses...no clue how about how much it costs to medicate, feed and clothe a child! I could go on..I feel your pain too!

It stinks bc they are two different state/county entities that do not link together. Once I find out he is on unemployment. I usually notify them and they send a letter to the unemployment office.

CAll CSEA and let them know, they can send out a notification to verify employment. The Franklin Couunty, Ohio form require reason for departure. Ohio is a really tough state when it comes to child support, so I am fortunate. Be carefull with CSEA though, they note EVRYTHING. I get a notice every so often and it always lists to the "obligator" and its how I know he lost another job, I think his employer may be notifying CSEA that garnishments will cease bc of his termination. My county will also begin by suspending his Drivers license once he is a full month behind. I call every month to see how behind he is and so that they can snatch it. I also learned that that even though the new amount cannnot be retro-active, but it calcualtes the past due amount to the new amount...in other words when we have a lower amount established what puts him behind 30 days now may end up making him 90 days off the new amount, so he can run into other/more legal issues or even jail time.

My BIL used to work for the proscetors office and gave me the best advice, don't be petty and question how they do their job, that puts you on their bad side. They know what they are doing and have seen it ALL. Therefore they can see patterns and figure out his game.

GOOD LUCK!

 

[Belle0101]

Were we married to the same man??? My ex has spent more time on unemployment than employed since or divorce 3 years ago. His child support does come from unemplyement and is having it re-evaluated. He can afford his payments on his BMW but cannot afford to share the costs of raising his child! MAkes me wanna spit! He thinks bc the day care went down that I have fewer expenses...no clue how about how much it costs to medicate, feed and clothe a child! I could go on..I feel your pain too!

It stinks bc they are two different state/county entities that do not link together. Once I find out he is on unemployment. I usually notify them and they send a letter to the unemployment office.

CAll CSEA and let them know, they can send out a notification to verify employment. The Franklin Couunty, Ohio form require reason for departure. Ohio is a really tough state when it comes to child support, so I am fortunate. Be carefull with CSEA though, they note EVRYTHING. I get a notice every so often and it always lists to the "obligator" and its how I know he lost another job, I think his employer may be notifying CSEA that garnishments will cease bc of his termination. My county will also begin by suspending his Drivers license once he is a full month behind. I call every month to see how behind he is and so that they can snatch it. I also learned that that even though the new amount cannnot be retro-active, but it calcualtes the past due amount to the new amount...in other words when we have a lower amount established what puts him behind 30 days now may end up making him 90 days off the new amount, so he can run into other/more legal issues or even jail time.

My BIL used to work for the proscetors office and gave me the best advice, don't be petty and question how they do their job, that puts you on their bad side. They know what they are doing and have seen it ALL. Therefore they can see patterns and figure out his game.

GOOD LUCK!

What is CSEA? I imagine here in Indiana we have some agency like that.

I'm just not sure what to do right now. Last October I wanted to file with the prosecutor, costs a one-time fee of $25, in the county the support order comes from to have the arreage caught up. They said I couldn't because I now legally live in a different county so that county had to do it. Ex still lives in the original county.

Of course my county said that was wrong and wouldn't take the case. Back to the first county. No your county has to take it. Arrgggghhh!!

So I filed with the county I live in because they finally said they would look at the case. Remember this was mid October. January 27th of this year I got a letter saying they wouldn't take the case and it was being kicked over to the county the order first came from. AAAAArrrrrrgggghhhhh!

I've called for updates. Problem is you're assigned a caseworker and you can only talk to that one person. You cannot leave a message with the receptionist and they do not have voice mail. If your caseworker is on the phone or away from their desk you have to call back. To date I have never talked to my caseworker. And I've never received any paperwork from them.

Now that he's unemployed, again, do I call or not call?

And what further burns me is DS comes home after weekend visits and talks about his new electric guitar, his cell phone, the movies (yes plural) they went to see, the places they ate, etc. And yes, I'm glad DS has fun but when I'm not getting support, he's not paying his portion of the medical expenses (DS has some special needs) and I have to say no to a lousy Happy Meals then I get upset.

Maybe we do have the same ex. Did yours have his own business for 3 years that ran in the red every single year? At least that's what the books he prepared showed. Meaning of course that since he had no income he shouldn't have to pay support. Um, go get a real job? I mean how did he support himself if he was in the hole with his business for three consecutive years?

I just get tired you know?

 

[tomthebarncat]

I suggested this to a friend a while back who was in a similiar situation. She posted his loser mug shot all over the internet, specifically on deadbeat dad type sites, forums, etc. Well, will wonders never cease!! out of the blue his mother calls to talk to her grandkids and mentions that her son is having a terrible time finding a job, etc. he gets so close and then at the last minute something happens!! my friend is smart enough to know that many companies may or may not do formal/costly background check, but it only takes a few seconds to google a potential employee. She really got the last word on this since he had made it perfectly clear that regardless of his employment status she and HER kids would never get a penny!! well, her attitude is that let me help make your dream of unemployment a reality!! She has moved on and we have a laugh about her loser ex husband!

 

[mickeyboat]

I am not sure obligors are required to notify new employers of a wage garnishment. New employers in my state are required to notify the state when they have a new hire. That information goes to child support enforcement and the employer will receive a notice to garnish. I don't believe an employer can legally garnish without that specific notice, so a generic child support order or a notice to garnish wages at another employer will suffice for the new employer to garnish.

I do believe there are some states which will garnish unemployment checks for child support. Call your state's child support enforcement division.

Good luck.

Denae

 

[ameraumi]

You need to call the child support office or go in there. I have had to go and sit in the office until they helped me before. I am from IN as well, so I understand the frustration with our system. But you do need to do everything in your power to get the money owed to you and your son.

But I do believe that unemployment (Workforce One) WILL check the state database to see if he owes arrearage. I know the state will intercept some payments (refunds, lottery winnings) if the non-paying parent owes over $500.

 

[Eeyore'sthebest]

Call your child support person at the court. You should not have to get your attorney involved every single time. You have an order and need it enforced. Seriously call the court house where the order was filed and get this person's name and number. Get them on your side and then see what they can do to help you. This is my Dsis's job or her friend's job (I think, they keep moving them from one job to another just when they really good at something).

I'm not sure what state you are in but in NJ, you could just call the child support office with any information you find out about employment/unemployment. The money is automatically garnished from either unemployment or any job. In NJ it doesn't matter if you have fallen behind or pay every month, it is automatically garnished if you have any income - state law! (unless you do it privately and not through the court system)

Good luck!

 

[bunny]

In Pennsylvania they automatically garnish unemployment if there is a child support order in the system.

 

[santa's surpriz]

What is CSEA? I imagine here in Indiana we have some agency like that.

I'm just not sure what to do right now. Last October I wanted to file with the prosecutor, costs a one-time fee of $25, in the county the support order comes from to have the arreage caught up. They said I couldn't because I now legally live in a different county so that county had to do it. Ex still lives in the original county.

Of course my county said that was wrong and wouldn't take the case. Back to the first county. No your county has to take it. Arrgggghhh!!

So I filed with the county I live in because they finally said they would look at the case. Remember this was mid October. January 27th of this year I got a letter saying they wouldn't take the case and it was being kicked over to the county the order first came from. AAAAArrrrrrgggghhhhh!

I've called for updates. Problem is you're assigned a caseworker and you can only talk to that one person. You cannot leave a message with the receptionist and they do not have voice mail. If your caseworker is on the phone or away from their desk you have to call back. To date I have never talked to my caseworker. And I've never received any paperwork from them.

Now that he's unemployed, again, do I call or not call?

And what further burns me is DS comes home after weekend visits and talks about his new electric guitar, his cell phone, the movies (yes plural) they went to see, the places they ate, etc. And yes, I'm glad DS has fun but when I'm not getting support, he's not paying his portion of the medical expenses (DS has some special needs) and I have to say no to a lousy Happy Meals then I get upset.

Maybe we do have the same ex. Did yours have his own business for 3 years that ran in the red every single year? At least that's what the books he prepared showed. Meaning of course that since he had no income he shouldn't have to pay support. Um, go get a real job? I mean how did he support himself if he was in the hole with his business for three consecutive years?

I just get tired you know?

CSEA=Child Support Inforcement Agency...I am really beginning to wonder if we have the same ex? Yes, mine did own a biz, he still works it while on unemployment and does not admit to it! When we filed or taxes together he did a get job writing everything off so they only money we made was my income. I am 100% confident that he still does the same thing. Can yours afford to golf several times a week?

I may contact CSEA and ask them to send him a notice to verify employment. My ex and I now live in different counties. I have not persued any thing thru courts yet so I have not gotten the run around yet. I get confused by them sometimes. CSEA is typically very good, I usually confirm my answers a few times bc they are very careful in what they say and how they say it do not give legal advice but will tell you when you need to contact an attorney. They are very black and white and since it's your case they will tell you anything. I am able to find out which company his garnishments come from and that is where I get his address from since he will not tell me. I also call after the 1st of the month to verify his arrearages, and ask what I can do. I get the same answer, nothing until he is a full months behind. What gets me is he will so close and make VERY small payments, so it takes months for him to be behind by their rules.

It is exhausting and you really need to be in a position to "need" child support to understand. I get really upset bc I decided to go back to school, now granted financial aid has paid for 2 trips to WDW, it also catches me up on day care expenses and other expenses realted to my child. I get so mad bc he loses his job and who pays the price his child and me! He has never incurred a medical or extra cirricular expense, he never paid for anthing when DD was a baby and I feel bad now bc I know so much of his income goes to cs. I am beginning the process and will be a little less flexible in bending the rules with my ex. It makes me the most angry is that he thinks that he is getting even with me, in reality it hurts our DD the most. He doesn't get it!

Also several poster said it was automatic, not neccessarily true. If it is coming from payroll, yes it is state law that it needs to be garnished. But employers are not required to check for garnishments. In most cases they need to be notified of a garnishment. There is usually a form that gives them directions on where to send it, etc.

 

[Belle0101]

Thanks everyone.

Sounds like the first thing I need to do is pull myself together and march down to the prosecutor's office and sit and wait until I get some answers.

I'm sure he thinks not paying is hurting me and on some level it is but at its very basic core is the fact that DS has the right to be financially supported by both parents. By not paying support the obligor is denying their own flesh and blood that right. What kind of parent doesn't want to support their child?

Like I said, I'm tired but I need to get it together and do this!

 

[Eeyore'sthebest]

If it makes you feel any better (and it won't), my Dsis's ex just told her that he doesn't want to pay CS anymore because Dsis makes enough money to support the 2 of them without him and his new girlfriend needs the money to support his other child. It turns out that even though the other woman has a Masters degree in education, she wants to stay home to raise their child (they're not married) so he needs to give her more money every month.
Ex told her that he was going to call the courts and have them re-direct his garnishment to the new girlfriend.

Dsis told him to have fun and if he ever needed to go to court to give her a call because she really wanted to watch the judge's reaction when he proposed this new plan. And yes, our other Dsis (there are 3 of us) works in the CS division of the family court. This is her job. Did he really think he could do this?

Hope you enjoyed the chuckle because we all laughed about it in our family. And then wondered how Dniece became so smart with such a stupid father (and no we did not say this to dniece).

 

[Starbrite]

In Pennsylvania they automatically garnish unemployment if there is a child support order in the system.

It's so sad, but the only time I ever receive any child support is when Ex-H goes on unemployment. He never stays at a job long enough for them to attach his wages.

 

[LuvOrlando]

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[Gina]

I've posted this before, so I apologize if you've read it from me already... But the BEST thing I ever did in regards to cs was to hire a third-party cs collection agency. The bad part is that they keep 34% of everything they collect. The good part is that 34% of what they collect is WAY better than the 100% of nothing that was what the Attorney General's office was collecting.

My ex is also a job-hopper, and would never bother to tell employers or the court every time he changed jobs. And the AG's office actually told me that they only periodically check the New-Hire database, and that I would need to find out where my ex was working so they could garnish his paycheck. Sure, let me do your job for you, no problem.

I've had the same agency working for me for years now, and since then I have not had to worry about tracking down my idiot ex at all. The stress-relief alone is worth every penny they retain. If he changes jobs, they are ON it. The company I use, if anyone is interested, is called National Child Support.

This money is our kids' money... it stinks to not have all of it, but to me it's much worse to have none of it.

 

[santa's surpriz]

I've posted this before, so I apologize if you've read it from me already... But the BEST thing I ever did in regards to cs was to hire a third-party cs collection agency. The bad part is that they keep 34% of everything they collect. The good part is that 34% of what they collect is WAY better than the 100% of nothing that was what the Attorney General's office was collecting.

My ex is also a job-hopper, and would never bother to tell employers or the court every time he changed jobs. And the AG's office actually told me that they only periodically check the New-Hire database, and that I would need to find out where my ex was working so they could garnish his paycheck. Sure, let me do your job for you, no problem.

I've had the same agency working for me for years now, and since then I have not had to worry about tracking down my idiot ex at all. The stress-relief alone is worth every penny they retain. If he changes jobs, they are ON it. The company I use, if anyone is interested, is called National Child Support.

This money is our kids' money... it stinks to not have all of it, but to me it's much worse to have none of it.

what a great tip! I never thought as an individual I could hire a collection agency. I wonder if I could use them to collect "his" portion of medical bills and extra cirriculars.

 

[Gina]

what a great tip! I never thought as an individual I could hire a collection agency. I wonder if I could use them to collect "his" portion of medical bills and extra cirriculars.

No, unfortunately, they can only collect child support, unless the medical support is a dollar figure that is part of that. My ex was ordered in the divorce decree in '97 to provide insurance for DS, or pay for his insurance that I obtained, but never has paid a cent of that. Oh well, I'm just grateful that I am able to provide insurance for DS myself.

Good luck -- I hope you're able to decide on a solution that works best for you!

 

[LuvOrlando]

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