CS/Unemployment question

VintageSpirit

So BM finally got around to telling DH last night that she lost her job <AGAIN> back in November.  (No kidding, really? Uh, we kinda figured that out when the state quit sending your support checks!)  She claims she was laid off, but we have reason to suspect she was fired.  She's pregnant by an on-again, off-again boyfriend, and she told DH last night this may be a blessing in disguise and that she has no intention of looking for another job until the baby is at least a year old. 

If she was in fact laid off, she would be collecting unemployment benefits, correct?  It is my understading that portion of her benefits should automatically be deducted for child support payments/medical support payments/arrears.  If she was not laid off and is not collecting benefits, then she continues to be responsible for the support payments herself and anything she doesn't pay is compounds her current arrears, correct?  Does anyone else have past experience with this?

VENT ALERT! I would love to have the option of staying home with my 2 under 2 for a year, but my job is the one that provides our family medical coverage.  Without CS payments, I have no hope of being able to even entertain the notion of staying home after the new baby arrives.

edbetsy1

I believe if your are laid off you have to file for unemployment, if you are fired they hold back your unemployment for about a couple of weeks until they investigate why you were seperated from your job and they have a hearing with the employer and they make a decision based on all of the facts.  She is still responsible for any money due.  My guess would be she has the money garnished from her check.  Any amount of cs she owes continues to compound.  I hope this helps!

mom2one

If she receives unemployment they should eventually garnish it, but sometimes it takes a while for that to happen. If she plans to be a SAHM she will have to go to court and request that her support be lowered.

VintageSpirit

mom2one:

If she plans to be a SAHM she will have to go to court and request that her support be lowered.

Which further begs the question, can she go to court and claim to be a SAHM just to get out of paying child support?

xmaryrickx

VintageSpirit:

mom2one:

If she plans to be a SAHM she will have to go to court and request that her support be lowered.

Which further begs the question, can she go to court and claim to be a SAHM just to get out of paying child support?

I would think not, but who knows. If she is physically capable of working, then she should be able to pay CS, and her want to be a SAHM comes after that.
As for uneployment being garnished, that will only happen if CS was set up to come out of her pay to begin with, and I think it would have to be done throught the CS enforcement office, meaning, it is not just going to happen. Depending on the state, depends on how unemployment is handled. I was fired, and was collecting unemployment within a week, because my employer did not dispute it. It only goes to hearing here in MD if the employer disputes the claim.

oneluckyguy

From what Ive seen, they are extremely easy on women with CS, so more than likely if she goes into court playing the motherly role and insisting she is trying to get on her feet, get married...etc...you know all the icing that you hate to hear.

Basically the court will adjust her CS to the minimum if she isnt working at all.

To answer your question about unemployment. If this woman was unstable in the work force...she may not be able to draw it, or it will be very little. You need a job over 10 weeks to start, and they base your benifits from your quarterly amounts of income earned. So, what Im trying to say is even if she is getting a check, its probably not much.

Then again if she is pregnent I bet you money she walks in claiming she cant work, and its not that hard to get a doc statement for back pain or whatever you may want.

Good luck. If you have a good lawyer he/she may argue to base CS off what BM COULD be earning since she in fact more than likely quit her job. Then it will pile up and you can only hope eventually she pays.

jamiendeedee

I just went through this with my ex husband. If you have a probation officer just give them a call. The unemployed person has to file unemployment, and then about a month later your checks will start being issued.Just remember that unemployment doesn't pay as much as the job, and in my case my ex was responsible for coming up with the rest of the payment and sending it in. I highly doubt she will be able to use the excuse of staying home as a form of not paying, and if she tries you should respond with your own situation of having 2 under 2 and see what is said for that. Good luck!

CurlyQ284

Do you really HAVE to file unemployment?  I'm an admin and my boss is the HR director and we've been helping people who've been laid off locate the nearest unemployment office and encourage them to file, but I think they have to physically go to the unemployment office and file for it.  If don't file for unemployment... it doesn't happen automatically.  I THINK this is how it works.  It could explain why you're not getting any money, because she didn't file.  But I am in no way saying this is DEFINITELY how it works cause I only know what she told me, I haven't looked into it myself.

If you're fired, I think they still get it.  Every time we get one from someone who was fired she gets pissy and says it's nearly impossible to get them to rule in favor of the employer so she never contests it but gets really irritated.

sweetie0228

In Pennsylvania: You don't have to file for uneployment benefits but you dont' get anything unless you file for them and it can all be doen over the phone or online.  Also according to the laws here CS can not be lowered if the payor has taken a lower paying job, willfully left employment (getting fired or quit) or stopped working to go to school fulltime.  But this also works in reverse, b/c CS will not be raised to the payee stops working or takes a lower paying job.  BUT CS can get changed if there was an actual layoff. 

Many states do follow these same or similar guideline and many states calculate how much you could possibly earn based on previous income and market average salaries.