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Ginlyn0
member
Vent regarding CS witholding/modification process
Ginlyn0
member
As I have previously mentioned, DH has been trying to get his child support modified. When he lost his job in December, we filled out the paperwork in January to see if we could get at least a temporary reduction. In late February, they mailed us the same paperwork to fill out again. DH called and the person stated they aren't sure why it was sent again but to go ahead and fill it out again. Since we knew DH was starting a contract position March 1st, we included a copy of a letter from the company his contract was through that included his new hourly contract amount (much less than he made before) and we mailed it at the end of February. About a month ago, DH emailed them to find the status and their reply said to call the office to find out more. He called and got the it takes 6-8 weeks run around.
So as of 4/16, DH became an employee of the company he was contracted through. Same pay (it's the only offer he has had) it equates to about 20K less than what he was making last year. According the CS calculator, he should get a reduction of at least $300/month. He had to sign paperwork for his employer that they send to the state to look for withholdings, ect. Saturday, we recieved a copy of the withholding order they sent to his employer. I about died. See about 4 years ago, DH had been laid off and got 3 months behind and so he was paying $85 extra a month in back pay to go towards that. A year later BM tried to petition for an increase thinking he was making more at the new company. He was not, she did not show to the modification appointment so they allowed DH to reduce his back pay to $25/ month.
He was caught up until he lost his job in December. Well this new order they just sent to his employer is his non-modified CS amount + $85 /month back pay. DH will literally be having more coming out of his check than he brings home. I'm thinking the federal 50% cap is going to come into play here or at least I hope it does. Now, DH really, truly is not bringing home enough to even cover DS's daycare expenses (and we live in a LCOL area -at least IMO).
DH is supposed to call today and ask them what is going on with the modification because we are trying to figure out how they have time in less than 2 weeks to come up with a new withholding for his CS yet they have not even set a date to review the modification and we submitted one in January and February.
Sigh, DH is spouting off the old "stick it to the dad" thing. But it's not that either, because I sent a modification request in at the same time in January for my CS and have still not heard anything. I'm not worried about mine though, I only finally sent a modification to have it show that BD (SM really) is providing DD's insurance now instead of my DH.
Just frustrating that they wouldn't look at any current financial info before sending a new withholding order.
DD(14),SD(13),SS(11),SS(9),DS(3)
This discussion has been closed.
Re: Vent regarding CS witholding/modification process
Can I ask what state your DH is dealing with?
My coworker has been attempting a modification for OVER a year, and that is no joke. Literally more than a calendar YEAR.
I'm really sorry your family is dealing with this. Both my husband and I hate dealing with our State's CS agency (we're in CA). It seems like with my husband, DCSS is like a dog with a bone and just doesn't ever let go. Even though he's completely current on CS, his employer mailed his payment in late once and DCSS contacted my husband directly demanding payment. However, with my XH DCSS hasn't gone after him for anything. He's $20k behind and they just say, "We can't do anything until he gets a regular paycheck". Wow. Seems like they should be more concerned with the deadbeats, and not as concerned with the parties that pay timely.
I'm not 100% sure how the CS agency in your State works, but it might be worth talking to an attorney and seeing if there's a way to speed up the process. Sometimes a simple letter on law firm letterhead will light a fire under the agency's butt. Also, having an attorney involved may allow your husband to get a Court date immediately, without waiting on the CS agency to file their paperwork. Especially since you've been providing them all the info they need since December.
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I know. It's sad. He is working to support the kids only really and we are paying additional for him to work by paying for daycare, gas, ect. at this point. It's a good darn thing I make decent money or else we would be screwed with DH as the primary breadwinner. What takes the cake is that in our state the CS is a flat % of the NCP's salary (based on # of kids) so I don't understand why adjustments are so hard. They don't use the CP's income in the calculation at all.
That is such BS to me. My SIL lives in TX also, and when I found out how much she would be getting in CS I nearly died. She has 2 children, and her XH makes fantastic money and she does pretty well for herself with her job. It blows me away that the CS agency didn't care how much money she makes on her own.
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Ok, DH called and emailed me with what they said. He said he spoke to a person at the CS office and explained the situation. He said that once DH gets his first w2 paystub (which I think he will get on the 15th of May (according to the way his company does payroll because they turn in their hours tomorrow for the 16-30th and they get paid 2x a month) he will need to fax it in attention to him. He said they can't withhold more than 50%. He said once they recieve that fax it could still take 1-2 months to get the paperwork in order and for it to go in front of the judge to be signed off on. DH said the guy he spoke to was very nice and actually said "Wow, man you are getting screwed here. It looks like it's going to be rough for you until it can be changed."
So, it looks like this isn't happening anytime soon.