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The last few months have been sort of rocky where child support is concerned. We went to court on 1/8 and the divorce and childsupport was granted. The DOR sent XWH's employer the order to withold CS from his pay. The employer responded with "This party was terminated on 1/31." So no order was placed. Fast forward a few weeks I called the state when I hadn't recieved payment (X had been mailing checks to the state during the intrim while the order was established). They told me about the job situation, etc. Obviously, the shit hit the fan and we had words because not only was CS not coming, but DS and I were currently covered on his insurance.

Turns out he was laid off but given severance and insurance coverage until the end of April.

XWH is now 1900+ behind in support with the last payment recieved and disbursed on 3/27. He claims he's been sending in his checks and that the state is just slow to deposit them. He started a new job two weeks ago and says he's sent the information to the state. I'm going on week 3 of no CS again.

I realize tolerance levels are subjective, but at what point does a motion of contempt become necessary and at what point will the state take it seriously? The no job excuse is bullshit because his severance covered him at full salary through the end of April.

Thoughts and guidance?

ETA: I had to find out about the job loss from the state.

[This message edited by chikastuff at 1:23 PM, April 17th (Wednesday)]

Have you filed the papers with the new employer? If not I would do that first. I don't know about your state, but mine the non-custodial must be at least 30 days behind to file with the state. I am not sure about the court, but contact your attorney to verify how much they have to be behind to file with the court for contempt. Luckily my ex's was taken out of his disability check by the state, so I never had that problem.

XWS told me on Monday that he submitted the information on his new job. I'm not sure how to proceed otherwise.

I am not sure what state you live in, but if the money is going through the state, then it will probably always take a while to get to you.

DH's XW was paid through the state all the time DH refused to physically give her money because she would lie about not getting it...so it was either taken out of his check, or he paid CS online through the state CS thingy.

She would always complain that it was late...i guess they only pay out twice a month, so even though we were paying weekly, she would only get it twice a month.

I would call the program at the state level to find out how they pay out, it may just be that its their fault in taking so long to get to you.

I understand that it will take some time to get the new order set up. He was paying on his own while the order was being set up. According to the DOR website payment hasn't been recieved since 3/27 and he's now 1900 behind. I don't imagine the state is going to take ALL 1900 out of his paycheck. So how do I go about getting the money owed to my son?

I'm sorry if I'm not making sense...

Many states now require new hire reporting. In other words, it is now mandatory that when a new employee is hired, that the state is notified of the new hire and his/her information. In my state, the new hire must be reported within 10 days. Usually, within 30 days we had court orders for child support in the mail from the state after a new hire was reported.

I really hope this is something all states do or are in the process of implementing.

My ex was a payment or two behind when he changed jobs and it took awhile for the OAG to process all the paperwork. The state divided the amount behind over the course of a year's worth of paychecks and deducted that extra amount for a year until he was caught up.

It was stressful when I went nearly a month without a child support payment, but there was not much to be done as it wasn't ex's "fault", but how the state handled a job change.

Since you know he just started a job, I think you should wait on the contempt charges.

Call the state and make sure he really did give them the new info. Make sure they have the arrears on file. Ask them how you will get it.

No use you filing contempt if they are going to start sending you a little extra each month to make them up, and/or if they are going to send you a lump sum, you know?

Probably not what you want to hear, but you need to talk to the enforcement people first. No use wasting your cash if you are going to get it.

In my city, a person goes to the clerk of court's office and they have a form to fill out. They serve the person who is late and then they start taking it right out of his check.

OR---- my H xw simply called HR at my H work and asked if it was set up yet. When they said no, she sent or brought in the divorce papers and payroll took care of it.

Thanks so much folks. The state website says that the new order was sent to the employer, so I guess now I wait.