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Q about CS

ambrvanambrvan member
in Blended Families
This might seem really stupid considering how long I have been on this board, but we honestly have NO how we are supposed to receive CS. We will not ever receive it unless it is a minimum amount her parents pay to keep her out of jail once she falls that far into arrears, but we still should know this.

Is a check directly to us considered fulfilling of CS or does it have to be paid through the CS office? Does she have to be so far in arrears before we can request it be garnished from her wages?

Support is already speed to be garnished for her other two children and even though she is actually working now, nothing has happened yet. I think she may just have not worked long enough for anything to have caught up yet, though.

I just don't want be caught later down the road when she is so far behind in arrears and her say, "Well they never asked for it."
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Re: Q about CS

  • EarthandFireEarthandFire member
    In my state CS has to be paid through CSE otherwise it doesn’t count towards your arrears unless the CP calls and reports it or “forgives” the amount you paid. A CP could call and forgive thousands of dollars in CS for a NCP if they want. If a NCP is paying CS directly to a CP and that CP refuses to acknowledge those payments with CSE the NCP has to go to court and get a court order acknowledging those payments. Until they do, it’s like the money never changed hands. I think this protects both CP and NCP.
     
    Businesses are SUPPOSED to report new hires in our state and when a NCP comes up on the new hire list paperwork is served to the business telling them to withhold a certain amount from paychecks for CS. This is then paid by the business directly to the CSE office. The problem is that businesses don’t always report new hires and then the paperwork doesn’t get served. You can call CSE and inform them that an NCP has a new job and give them the businesses name and they will serve the paperwork to the business if you know it.
     
    In my state arrears never go away. You owe it even if the child is 30 if you didn’t pay it when the child was 10. It’s reports on credit reports among other things. You can call CSE and ask what they can do to enforce also. It’s obviously different depending on the state but that’s how it works here.
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  • new+tothisnew+tothis member
    It depends on your area and your CO. Our CO just says X amount paid per month. BD can write me a check at any point during the month and that fulfills his obligation. When we go back to court we will be asking that it go through the registry and at that point BD will have to pay through the registry or have it considered a gift. Here you can request it be garnished from wages at any point but I think some areas have requirements for being a certain amount in arrears. 
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  • twister22twister22 member
    So long as either I or BD report his employer to the CS agency, his wages are garnished. The CS obligor is garnished regardless of whether or not they are in arrears. This makes it nice because BD can't just get pissed and not pay CS - he'd have to quit his job. 

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  • twister22twister22 member
    I don't know why it's written funny....
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  • twister22twister22 member
    andrea99 said:
    MO just started requiring paycheck withholding.  BM got around this because she's a server.  She still has to pay through the state website, then it's direct deposited to our checking account. 

    They wanted us to use one of the CS debit cards, but they charge an arm and a leg for them.  (With BM's previous CS amount, she went one month a year without CS because of the debit card fee.  Wut??)  DH went through the state office instead of the local office and got that changed.
    @andrea99 WTF??? They charge the OBLIGEE for using the CS debit card?? That can't be legal. I have the option to have it direct deposited into a checking or savings account, or to have the CS debit card. It's direct deposited into our checking account. The CS agency we use charges the obligor a percentage of their CS for processing fees. I think it's 7%? So if BD was CO'd to pay $100/month in CS he would pay $107, and I would still get the full CS amount.
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  • xmaryrickxxmaryrickx member
    It definitely varies by state. H did not have to pay through CSE for his son's CS.
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  • twister22twister22 member
    andrea99 said:
    @twister22 DH paid $5 or something, but BM's must have been a dollar amount, because it was all but $3 of her monthly CS.  She never questioned it or asked to have it changed.  Sucks to be her.
    I would be annoyed that money that's supposed to be for my kid is being wasted!
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  • Ginlyn0Ginlyn0 member

    I, the CP, get charged around $25/yr for the state to process our CS even though they require it to go through the central dispersment office. DH, the NCP, does not pay any fees for his CS. They take the fee out of one of the payments I recieve.

    I do have the CS debit card. I used to get it direct deposited into another account. I choose the debit card when I reducing the number of bank accounts I had.

     

    DD(14),SD(13),SS(11),SS(9),DS(3)

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  • ambrvanambrvan member
    This is all so confusing...
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  • SimpleJaneSimpleJane member
    XH pays me directly. The Judge included a signed document that would have it garnished from his wages into the divorce decree and said that if I wanted to I could bring that to his employer and it would be taken out directly, but if we agreed he could pay me directly. 
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