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CS/wage garnishment - New ?s

kmlkjhkmlkjh
in Single Parents

I did call the state and got some answers. I am supposed to call bac today to get some more answers. Apparently all the company information that the state (and I) had is incorrect. Address is wrong, phone number is disconnected, etc. That's how the last phone call ended, with our case in a department that goes looking for Ex and his employer and ex getting a letter warning him about missing CS payments and what could happen to him.

I went looking for the company online myself and I tracked it down by name and city. The address and phone number listed on the website are slightly different from the address and phone number we have on record. All well and good right? No, it turns out that Ex is getting laid off on the 30th (not that I am overly surprised...) but he already has a job lined up with a former employer. I told ex to call the state and report it now. Should I go ahead and call today with the new information on the employer? And what do they do about his increased income (and I do know it will be significantly higher than what he gets now)? Do they automatically increase his CS payment which was calculated as a percentage of his income? Or does this need a new mediation/court appearance? What's the likelihood of the visitation changing if we go back to court/mediation (currently set at 1st,3rd,5th Saturdays from 8-5) ?

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Re: CS/wage garnishment - New ?s

  • PrettyInPearls23PrettyInPearls23 member
    First off, child support and visitation are two separate issues. If you go to court/mediation for CS, there will be no discussion about changing visitation. That has to be brought up separately. Do you have a caseworker assigned to your case? If so, contact him/her and let them know about the new employer for your X. Legally, he has to be the one to report it, but the courts can call to verify his employment and set up income withholding that way. I don't know the answer to your question regard the amount of CS changing, but my guess would be if you tell your caseworker you know he'll be making more money, they can require him to provide proof of income to recalculate CS. At least that's how it is in my state.

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  • JCGreene85JCGreene85 member
    imagePrettyInPearls23:
    First off, child support and visitation are two separate issues. If you go to court/mediation for CS, there will be no discussion about changing visitation. That has to be brought up separately. Do you have a caseworker assigned to your case? If so, contact him/her and let them know about the new employer for your X. Legally, he has to be the one to report it, but the courts can call to verify his employment and set up income withholding that way. I don't know the answer to your question regard the amount of CS changing, but my guess would be if you tell your caseworker you know he'll be making more money, they can require him to provide proof of income to recalculate CS. At least that's how it is in my state.

    We actually knocked out both child support and visitation in our temp order. I would call the state and notify them of his change of job/and wage (which he should be doing anyway) and take it from there. I believe CS can only be recalculated every few years unless a significant change of income applies.  Just because the child support amount might change does not mean that visitation will change.

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  • jandb2011jandb2011

    In my state, no matter whether his income goes up or down, c/s does not change automatically.  Even if there is a huge difference in earnings.  Plus a certain amt of time has to pass before you can petition the court for a change in c/s amounts.

    I would also give the state the correct info for the current employer and the info for the new employer (or at least verify that he gave it to them).

    None of it should affect the visitation in any way, unless one of you request it.

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  • CFjo2010CFjo2010 member

    Definitely notify your case worker of the new employer info.  The sooner they confirm the new employment status the sooner they can issue the wage garnishment. 

    Every State has different rules regarding C'S. In my State (CA) you can request a modification once a year, sooner if there is a significant change in circumstances. For the most part though, child support services will not take e initiative to modify a case if he shows he's making more money. One of the parties would need to actually request a modification.  It's also calculated based on the earnings of both parents and time with the child.  If your visitation order is going to be changing, notify your case worker and they can run the numbers (using the new timeshare agreement) and give you a rough estimate of what the change will be. Usually if it's not a significant change they won't bother with it. 

    Good luck!! 

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