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Old 01-09-2015, 09:34 AM   #1
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humm What does this mean?

Hello all. So I need some help but I figure I should give a brief rundown of my situation where support is concerned to help matters. Youngest daughter's dad did time for 3 years, got out, got put on parole, court ordered to pay support and the arrearage he'd built up from before and during his prison stint. Child support has been auto deducted from his paycheck (he's held stable jobs that are on the books since his release) and at first it was anywhere from 75 to 100 a week, he even filed taxes last year and a portion of his arrears was paid off because of it and our child was awarded his income tax...the months that followed after that payment the payments went down to at the lowest 30 a week to no higher than 60. He'd changed jobs to a bartender/waiter so I figured that was why and didn't fight for him to pay the full amount because in my eyes at least he was doing that, why stir the pot and I don't know why he left the old job...not my business. He's paying so my desire is not to stir trouble.

However, sadly for his fiancee it is...she fb messaged me bragging just days ago that I won't be getting the tax money this year because he added their son to his case so that they can keep a portion of the money the state was taking. She says that's why the payments have been lower for months and why when he files taxes she will see it and not our daughter. (Mind you I am not sitting around waiting for his tax refund for our child). Anyways, I felt the best bet to deal with this is to save the messages, not respond to her, block her and find out from someone credible is this true...that's why I'm here and that's what I'm asking. Is it true him adding their child to his case helps them to keep what comes to our daughter lower every month? Thanks in advance.
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Old 01-09-2015, 10:18 AM   #2
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Default Re: What does this mean?

I am not sure what is meant by adding their child to the case. If they were really devious, if they're not married, they could have put their son in for child support also, I suppose. But the older order, at least in my state, always takes precedence in terms of what is being collected.

I do think the order can be affected by other children in the household, but they would have had to modify it and you should have received some kind of notification about that, I would think.

Lastly if he is not paying what you are owed, pursue him. What do you have to lose? It's not like he's being an active part of your lives....
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Old 01-09-2015, 10:44 AM   #3
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Default Re: What does this mean?

Quote:
Originally Posted by cf829 View Post
I am not sure what is meant by adding their child to the case. If they were really devious, if they're not married, they could have put their son in for child support also, I suppose. But the older order, at least in my state, always takes precedence in terms of what is being collected.

I do think the order can be affected by other children in the household, but they would have had to modify it and you should have received some kind of notification about that, I would think.

Lastly if he is not paying what you are owed, pursue him. What do you have to lose? It's not like he's being an active part of your lives....
Thanks for your response cf829! I'm not sure either and I don't like to call the "help line" because they get an attitude when you call so I'd just rather not deal (at least not today grr) but she says that he added their son but this was after he had me called to court to ask the monthly requirement be reduced. We went to court in August (he had me summoned) so he could request lower amount due to having another child living in the home with him that is his and his fiancee. They lowered it by 100.00. I was fine, whatever. I gave them my income too and when it was time to go they didn't let him leave because he had a warrant for nonpayment in the year before he did time when he was on it and not paying. So he went to jail for 90 days behind that and got another job when he got out as a waiter.

He didn't go back to the old one. I don't know when he added his son and they didn't tell me anything but all I know is she bragged that our daughter won't be seeing hardly any money because he added their son so he wouldn't have to pay me much and they get to keep most of it in the family. I just figure this must be true because he mainly pays 35 a week now. And I would pursue it, it's owed to our child but (and I know I may be selfish on this) any time I did anything in the past to do with this case when he got out even AFTER I'd moved on and met my then fiancee now husband he ALWAYS made it about I wanted him back and dear LORD I do not want this man in any way, shape, form or fashion. My husband is good to me and I would never screw that up over a deadbeat, proven user/abuser. But that's my main reason for not going for it and it's horrible I know but I can't have this man thinking I am running to the support office to get him back because we aren't together. He even thinks my marriage was so he'd come back to me! So yeah, I want to but I don't want stir up that kind of trouble. Sigh.

P.S. His has a very substantial arrearage amount still on our daugher's case, wouldn't his refund still be applied to that regardless of if she's on it or not? She has no arrearage I imagine seeing as how it's all been auto deducted for both kids (if what's she's saying about adding him is even true).

---------- Post added at 09:41 AM ---------- Previous post was at 09:40 AM ----------

Oh and no they are not married...forgot to add that.

---------- Post added at 09:44 AM ---------- Previous post was at 09:41 AM ----------

I can't edit and my P.S. just gave my own self a headache...I type really fast (sorry) but I meant to say:

He has a very substantial arrearage amount still on our daughter's case, wouldn't his refund still be applied to that regardless of if he's (his son is) on it or not? She has no arrearage I imagine seeing as how he added him after that 90 day jail stint (if what she is saying is true) so her support would be auto deducted also, therefore eliminating any possible arrearage? <---Hope this is better :P
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Old 01-09-2015, 11:10 AM   #4
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Default Re: What does this mean?

If your order was the first order yours takes priority. The full amount should be taken out. Her order is likely less than yours. Something sounds fishy to me.
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Old 01-09-2015, 11:57 AM   #5
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Default Re: What does this mean?

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Originally Posted by LSL View Post
If your order was the first order yours takes priority. The full amount should be taken out. Her order is likely less than yours. Something sounds fishy to me.
Yes it was first LSL, it was opened in 2008 and paternity filed and all that good stuff and he got locked up close to a year after for 3 years but when he got out they said the arrears still stood. He got a job about 2 months after his release and was paying 75 to 100 a week but after his income tax was taken and our daughter was awarded over 4k (he's still 4k in the hole as of now), he called for a hearing to reduce his monthly amount due to having a son (there was no mention of him being on the case then, the attendant in court asked if he had other children, he said yes a son) and they lowered the amount based off his income on the higher paying job and mine, which pays well but not to where I'm upper middle class or anything.

But anyway, they locked him up same day (he wasn't aware his warrant still stood for non payment before he went to jail in late 2008). He got out, got a waiter job. Sent me an email saying let's talk about our daughter. I didn't respond because they bragged before that they always make like they want what's good for the little b**** (what him and his lady call my child) and I fall for it, well I haven't 'fell for it' in over 2 1/2 years and now they are mad. It's near tax time so she sent me the ugly message saying no more money for the little b**** because he added his son to his case. But I'm wondering now like cf829 said...why did I not get any form of notification? Hmm...

P.S. Sorry if I repeated any of this, I have a badddd habit of doing that even in face to face convo...

---------- Post added at 10:57 AM ---------- Previous post was at 10:55 AM ----------

P.S. Why his warrant for the nonpayment of support wasn't executed when he went on other charges in 09 is still something I am uncertain of and by his suprised look when they cuffed him, it was suprising to him too, especially seeing as how he had been paying since he'd been out. I actually felt bad for his son that he had to see that despite how his parents are towards me and mine, I didn't expect that and neither did they when she and their son left the courtoom.
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Old 01-09-2015, 02:18 PM   #6
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Default Re: What does this mean?

I think maybe it's time to talk to the agency who handles your child support and work it out with them. That is why there is a third party involved.

Any modification of CS would have to have been signed by you, and since you didn't sign anything, something sounds fishy, to me, too. Good luck and thanks for posting!
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Old 01-09-2015, 03:02 PM   #7
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Default Re: What does this mean?

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Originally Posted by bluewave View Post
I think maybe it's time to talk to the agency who handles your child support and work it out with them. That is why there is a third party involved.

Any modification of CS would have to have been signed by you, and since you didn't sign anything, something sounds fishy, to me, too. Good luck and thanks for posting!
Thanks...I will just have to call. I just don't like to call the 800# because they are rude and I don't like to call my worker because he's well known in my city and he always finds out even if I call just to ask a question, that's how he found out I got married bc he got wind I called to give name change and address to mail my new ID and sscard . If I do anything concerning c. support he thinks it's because I want him. It's got me to spooked to make a move on this anymore other than being on here to find out if what she said carried any weight but like you said that's why there is a third party so I have to call. Sigh.
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Old 01-09-2015, 04:35 PM   #8
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Default Re: What does this mean?

Why does it matter what a crazy person thinks? You're married now.... I just don't know why that is an impediment?
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Old 01-10-2015, 06:40 AM   #9
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Default Re: What does this mean?

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Why does it matter what a crazy person thinks? You're married now.... I just don't know why that is an impediment?
It doesn't necessarily matter per say and yes I am married but the fact I went after support in the first place has always been associated with trying to 'get back' at him for the things he did towards just me and not our child over the years and it wasn't. I even went as far as saving receipts all this time for every single time I spend the money that is paid on our child to show all that has gone on no one but her. I guess I shouldn't care but I don't like to be associated with having filed support or making inquiries about it just to get back at this person. His mate is makes these accusations too and thinks that's why I won't close it to have some hold on him in some way but I haven't talked to my case worker in ages other than to give her my last name change and I don't talk to the non custodial parent either in any way so I just get heated when I hear from anyone that it's being spread around that the child support is only a means to keep tabs on him when I've long ago moved on. My reasoning is probably not profound enough to seem rational, but what can I do...I'm just being honest that it bothers me.
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Old 01-11-2015, 03:10 AM   #10
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Default Re: What does this mean?

I think she may has said that just to see what she could stir up in you.

but no, like LsL stated.

If you get a moment you could just pop into the dept and ask for a "status update' and they will give you an update where they are at, and you can make any corrections to their info right then and there.
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Old 01-12-2015, 04:17 PM   #11
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Default Re: What does this mean?

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I think she may has said that just to see what she could stir up in you.
Agreed. Don't fall into the drama. If you haven't blocked her access to you on FB, do it NOW. There is NO REASON for you two to communicate.
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