I have a court order for child support from my ex husband. At the hearing to establish child support, he gave his employer info so that it cold be garnished from his check.Well that was in November. I still have mot recieved one penny. He doesnt call, or keep in contact, but he told his mother not to long ago that He did his part, and if i wanted chid support it was up to me, because he gave all his info. I have been in contact with my lawyer and they keep telling me they are working on it or what ever. He also owes arrears since last may. I know i need to go to support enforcement now, but does he have the right not to pay just becasue it hasnt been garnished yet? he owes me 6000.00
mommyof4
05-15-2006, 07:24 AM
It is his responsibility to make sure his child support is paid up to date and on time, whether he has submitted the papers to his employer or not. There is usually a lag time between the time a person submits the papers and the time the support is actually garnished. If he doesn't pay in the interim, arrearages accrue. Do you think the court cares what his excuses are? He needs to pay his support. This is a typical passive aggressive response. Keep on the enforcement. They will not do anything if you don't continue to pressure them.
kimberlydawn79
05-15-2006, 07:40 AM
Thanks for the answer...He is such an a**!!!!!!!! How will i get th arrears? If he ever pays, i know he wont pay me anything toward the arrears. Does support enforcement take care of that, or is that money just lost in the wind?
knot
05-15-2006, 10:11 AM
Thanks for the answer...He is such an a**!!!!!!!! How will i get th arrears? If he ever pays, i know he wont pay me anything toward the arrears. Does support enforcement take care of that, or is that money just lost in the wind? The enforcement agency will raise his weekly or monthly amount to compensate for the arrears. If i were you, i'd bypass the attorneys and go straight to the agency with the original orders. That is if you are not happy with the attorneys performance! I assume this support issue is an extention of a divorce decree? You dont want the attorney fees to eat up your awards!!!
kimberlydawn79
05-15-2006, 11:03 AM
yes, im very unhappy with the attorney. its like they got my divorcr and custody out of the way and set child support(which was easy because he didnt show upto the divorce and custody hearing) and now they wont do anything else. They wont return my calls. All i have paid i 750.00(my retainer) pretty cheap, and id assume they would have let me know if i owed anything else, but i have never got a bill, that still shouldnt keep them from doing their job.
akbuyer
05-15-2006, 11:10 AM
WOW, I wish I had used your attorney. Sorry, just kidding, my legal bills were over 10K and I had to actually fight my attorney on about 2K in billings....it was like letting a pickpocket alone in my house with my wallet out on the table...
I agree that you are better off handling this on your own and dumping the attorney. All those emails and unanswered phone calls, for me at least, will end up on the bill somewhere.
kimberlydawn79
05-15-2006, 11:18 AM
I actually dont think im getting a bill. I have never been asked for money. its been over a year since i paid the retainer.
My husband is paying thousands to get his son back, so i know how it is, i just wonder why if im willing to pay that they dont get it done.
I dont know my ex's employment, will the enforcement office be able to find out that info?
Do I need to let the atty know i wont be needing them any more?
akbuyer
05-15-2006, 11:26 AM
Don't know the first part. I believe they will look for the employer...but I don't have any experience with that. Others that do know, I'm sure, will chime in. On the second, I had to file a "Mutual Consent to Withdraw" at the courthouse (clerk of the court). That requires both your and the attorney's signature....which may prompt them to do some bookkeeping. You can have them draw it up, or find it on your state website (at least here you can) and fill it out...to avoid the attorney doing more "work".
kimberlydawn79
05-15-2006, 11:42 AM
ok thanks!!
kimberlydawn79
05-15-2006, 03:35 PM
can i go to my lawyer and if he has drawn up the income assignmnet order, bring it to the judge myself. It just doesnt look like it will get done if i dont. I have never filed or done anything at the court house, so im not sure i know what to do.
akbuyer
05-15-2006, 05:16 PM
If it is something the judge is waiting on to finalize a ruling, you can usually call his office and talk to his clerk and explain what it is you are trying to submit. Otherwise, the clerk of the court (usually there is a place at the courthouse that handles all incoming documents, etc.) will assist you in finding the correct form or give you instructions on how to submit documentation. It's basically like going to the DMV for a car title (lines, paperwork, etc.) I've found them always to be very helpful. Make sure you have the case number and the documents you want to file.
If this is the order that the judge has already signed (?) then you'll be sent packing back to whatever your state calls the child support enforcement division. The 'clerk of the court' should be able to tell which route to take. Try the phonebook first, to save driving and waiting in lines....there is often a help line for procedural stuff as well, I've found it to be very helpful for getting information on what to file and whenand where, protocol, what I can expect, etc.
Iowan
05-15-2006, 05:23 PM
Kimberly in Iowa if you had an attorney I had to get with child support collections and make sure that they have the order on file because I had an attorney which they refer to as a private forum they don't have to enforce it. They told me I had to have my attorney make sure that it is taken care of the child support that was to go to my child was going to his other children until I called and sent them a copy of the order. You may need to contact them to find out if they enforce it. I had to fill out a form and pay them 25.00 to have them enforce the order without going through my attorney.
I have a court order for child support from my ex husband. At the hearing to establish child support, he gave his employer info so that it cold be garnished from his check.Well that was in November. I still have mot recieved one penny. He doesnt call, or keep in contact, but he told his mother not to long ago that He did his part, and if i wanted chid support it was up to me, because he gave all his info. I have been in contact with my lawyer and they keep telling me they are working on it or what ever. He also owes arrears since last may. I know i need to go to support enforcement now, but does he have the right not to pay just becasue it hasnt been garnished yet? he owes me 6000.00
kimberlydawn79
05-16-2006, 08:02 AM
ok, so i went to my atty's office this morning, and got my copies of my judgement for divorce,and a copy of everything i was awarded...in that document it states he is ordered to pay x amount in child support. I also got a copy of the forms from the hearing officer that states when the support is retro active to. SHe asked me if i considered going through state, as it would be cheaper so i told her i would do that and be done with the lawyer. So do i go to the enfforcement office, or do i have to get an application, or is it different when you have a court order.
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