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| Adoption Law | Child Custody | Child Support | Divorce Law | Family Law | Marriage Law |
Order Notice To Withhold Child SupportThe form to be used by all States that standardizes the information used to request income withholding for child support by an employer from a noncustodial parent’s earnings. (See also: Direct Income Withholding; Income Withholding; Garnishment) Question: Addendum Withholding Notice To parties to a support order? When I recieve one of these Addendum Withholding Notice To parties to a support order, Does that mean the father of my children finally got a job and I will be getting Child support? Question: Both of my children are out of high school. I pay child support through wage garnishment. How do I stop CS? I live in California. I was served with an Order/Notice to withhold income for Child Support
My son is 19 an he lives with me full time, my daughter is with me about 45% of the time. I am paying my ex-husband but the children are not benifiting from it. Question: MiCHIGAN CHILD SUPPORT QUESTION? They sent my sons father employer a ORDER/NOTICE TO WITHHOLD INCOME FOR CHILD SUPPORT. Does anyone kno whats going to happen next? Will i receive a check? If so, does anyone know how long after this notice? Im jus curious as to kno whats next????? Anybody can tell me from experience? Question: Why is the IRS so much slower on collecting than child support? I work in a payroll dept and we get child support orders to withhold and IRS levies on wages to withhold regularly. The child support orders are timely, but the IRS notices are ancient. I just got one today for someone who hasn't worked for us since 2004. It's such a waste of time filling out form after form saying this person is no longer here. Anyone know why there is such a difference? Question: Non Custodial parent and child support? I live in Illinois and my step son just turned 18 but has not yet graduated from high school so the state automatically extended child support until he graduates. At the same time they did a case review and said my husband had missed 13 payments from the years of 1999, 2000, 2001 and 2003 and now has to pay the delinquency plus interst! We tried to fight it saying it was court order to be withheld. And believe me if it had not been taken out of his check, we would have known.The states said prove it was paid and the court ordered withholding notice and the fact that it was withheld ever other week was not enough. Only proof would be pay check stubs and I didn't keep 8 years worth. Let this be a lesson learned....KEEP YOUR PAY CHECK STUBS FOR THE ENTIRE TIME YOU PAY CHILD SUPPORT!!! According to the state, they have no obligation to notify of a delinquency in a more timely manner. Isn't this a big surprise. Question: If any arrears or past due support is owed, will it collected as tax refund offsets? I filed for child support recently in the state of Illinois. In the order/notice to withhold income for child support was sent to the employer of the non custodial parent in the state of Ohio. Payments $ ***.00 for current child support per biweekly, and $**.00 for past-due child support - arrears greater than 12 weeks. payments to begin 3/4/10 ( retroactive child support is $26,614.86 from date of birth to 3/3/10) ordered by court on 2/11/10.
He is now married with kids, wife does not work, and are homeowners.
My question is, if he receives a tax return, will the refund be intercepted as an offset for the child support owed?
If filed before the entry date of order for support ( 2/11/2010 ) or on date, if his refund is intercepted will it be issued to pay owed balance or will his next return be intercepted for year 2010?
Is the first time I file for child support. Not very familiar with the process.
Thank you for taking the time to review and comment. Question: Will courts modify/waive child support order if custodial parent moves kids out of state? My ex is behind on child support and has intentionally been under-employed (unemployed) for over a year so that he can't be garnished. He has been given many chances to attempt to help provide for the children. In 2008, he was $11,000 behind and not only did I waive the back support owed, but also agreed to temporarily suspend child support in order to give him a chance to stablize his finances. That never happened. In fact, he was fired from his job the same month I advised him that I would be having the support order reinstated. In February, his mother gave him $25,000 to start up his own tree trimming business-(something he knows nothing about but saw an opportunity to be his own boss and escape income withholding). He blew half of that money on the start-up of the business and the other half at the casino. That same month, we went to court for the reinstatement of the support order and he was ordered to pay $380/mo (for two kids) until May, at which point the support would increase to $680/mo...the $380 was based on the fact that he was only getting unemployment and they didn't count his business since it was so new. It was the determination of the courts that by May my ex should have had ample time to either start seeing a turn-around from his business or get a job. Neither of those things happened. His MOM paid the $380 for a couple of months (30 days late, of course) and since May the support payments have been sporadic and even less that the preliminary amount...($200 in June and July and $250 for August...). My position is this--my husband has accepted a job offer out of state since we can't depend on my ex's support to help provide for my kids. This new job pays enough that we are willing to waive the arrears (again) and, if allowed by the courts, suspend any future support. We have also agreed to share travel expenses for visitation and have stated that we will be extremely flexible with extended visitation, as we always have been. My ex is saying he will fight the move, although he hasn't yet, and says he is prepared to take me to court over it. I'm fine with that. He doesn't stand a chance because the move is in the best interest of our children and his lack of participation in securing a future for them pretty much leaves him without a leg to stand on. We go to court on Friday for his back child support. I know that child support and custody/visitation are handled separately in Kansas Courts. However, I was advised by a consulting attorney to bring up moving the kids and inform the judge of my intention to waive/suspend support. He said that the judge will consider whatever I want to address. My question is this--- if I do propose waiving/suspending support with the condition that my ex doesn't contest my moving the kids, will the courts allow that? Will it be "on the record" that my ex has agreed to the move and therefore can't turn around a few days later and file a motion to stop me? I have no doubt I would win in a court battle over it but my ex has already been given the 30 days notice and our house is very close to foreclosure so the sooner we can move and get the house on the market the better. Thanks for any shared thoughts... Question: Re-post, sorry! Husband's child support issues! Can he be fined for not reporting his new job? I'm asking this in marriage and divorce because you probably know just as well as the law and ethics people.
He was working two jobs at the time that the child support amount was decided. He had planned to quit his second job (and had already put in his two weeks notice) until we found out the amount he had to pay a month. We realized that there was no way that he could pay that a month and we would still be able to pay our bills every month. He talked with his boss and kept his job. He also got a raise at the job he declared shortly after the order was in place.
During all of that, the state never sent anything about him not declaring his other source of income to his ex or the child support agency. Obviously the ex didn't know about it his other job or the raise. He set up his payments to come directly out of his check at the job that he had declared and nothing else was ever said.
He also has arrears to pay because the mother never filed for child support, but when he filed for his rights she suddenly wanted BACK child support! He wasn't being allowed to see his daughter so he went to court to get his rights and ended up in debt for something that was never ordered. The magistrate ordered that he had to pay back to the date that he filed so he is paying for nearly a year that he didn't see his daughter.
My husband just got a new job where he will be making a lot more, but he isn't quitting the old one that is already declared through child support. We have been getting withholding notices in the mail to notify him that his payments (and a percentage of his arrears) are being taken from his check. We already knew that, but I noticed an addendum that says he is required to report any changes to his income (or new jobs) that can be subject to withholding. Now, I am assuming that this is for those people who are finding ways around paying their support. He is not. It is paid in full every month. Does he still have to declare his new job? If he declares it to the state, will the ex be notified? Will the state automatically modify his support order to reflect his higher wages?
It isn't that he is trying to avoid supporting his child. It is that he and I both work two jobs to support our daughter and his daughter while his ex doesn't even have a job. She lives with her dad and lets her dad and her new boyfriend (and father of her new child) pay for everything for her kids. The money that she receives is spent on beer and weed. (We couldn't afford to keep going with the case to have drug testing done so we had to settle it with an agreement) I, THE STEP MOM, bought all the clothes for the child with my own money because I couldn't stand to see her in the rags her mother sends her in. The mother is perfectly able to get a job, but she won't and we don't want any more of the money my husband works hard for to go to that trashy woman. We want it to go directly to the poor little girl that is unfortunate enough to have her for a mother. (She used to be a decent woman from what I hear, but has obviously gone downhill) Question: My ex's employer isn't sending in child support payments. What can I do? I have had a child support order in place and income withholding for several years (2+ of them with this current employer). However, in the last 5 months, my ex's exployer (according to my ex) is withholding the amount from his check, but not sending it to the state. I am supposed to be paid every 2 weeks. Not bi-weekly, not monthly, etc. Every 2 weeks. There has been periods of 6 weeks where I get nothing, then maybe 1 payment will show up, then 4 weeks will go by and another payment will roll in. I have contact Illinois Child Support Enforcement TWICE. I have to wait at least 30 days from receipt of last payment before they can do anything, then wait another 15 days for results. AND it doesn't matter if it was 30 days since a full payment or a partial payment. The seasons have changed and I have had to make huge payments to winter clothes, school clothes, additional school fees, additional health care fees, which has now resulted in me plowing through any savings in hopes that the money will appear. BUT, nothing has come.
He has been telling me that its just his boss that's not sending the payments in and he has nothing to do with it because it's being withheld from his check. Fine. I get it. The non-compliance departments has made contact with the employer and explained that the withholding notice hasn't changed, etc. The employer has still not gotten his act together and sent payments. I'm also beginning to suspect that my ex really does have something to do with it and is just enjoying the suffering and anguish that this is causing me.
It has been 5+ months now. Do you know if I can file any sort of suit against the employer for failure to remit payments? Isn't that called theft? I'm at a loss as to where to turn next. The state isn't taking enough action. Can an attorney speed up the process? Please help.
I have requested that he send me copies of his check stubs as proof, but he refuses. One of the reasons for this (I think) is that his income is MUCH higher than it was 5 years ago and he doesn't want me to know about it.
Also, the company he works for is a VERY small company. I've also come to find out through my grapevine that a co-owner of the business was ousted b/c it was discovered that he was embezzeling company money. Which is all the more reason for me to be impatient at this point. Something is very fishy. Question: In a Texas Child Support dilemma. Please HELP.? I am in a sticky situation. My husband and his first wife divorced in 1996 in which he was a resident of the state for 6 years, starting in 1995-2001. The divorce decree orders child support of $200.00/mth., starting 60 days after his release. He was released in 4/01. His ex wife has been paid support, since 2001, with proof of payment I add, in the amount of $13,200. This does not include the cash given to her in the rough amount of $3000.00 over the years. The problem is, she went through the AG office in Sept and has sued for child support. They sent us the withholding order, for $300.00/mth., in which his employer is abiding by. It comes out weekly. The biggest problem we have is she lied to the AG and told them she had not received any support from my husband since his release, and she is suing for arrears which was around $22,500. We live approx 250 miles away from her. We received a letter 1 week prior to a review date. My husband has to give his employer a 1 month notice before he can take off, unless he's basically dying. He called them and told them this, and also how far away we lived, they said they understood, and told him it would just be rescheduled for court. 3 days later, we get a new "modified order to withhold" and they have increased withholding from $300.00 to now $500.00 per month. I can't believe this ****. Also, that is more than 25% of his income. How can they get away with this without having the proof or even his W2 showing his earnings? They basically took her sorry *** word and sued! Secondly,she got wind we would be providing proof of the child support that has been paid to her over the years. She told the AG on the 23rd that she received some support and had the arrears dropped down from $22,500 to about $17,500. Unbelievable. I am soo pissed because my income tax check has been threatened. They are stating they are going to hold my income tax check for a period of 120 days to figure out how much should go to the ex based upon my husbands income. Lucky for me, his income has no bearing whatsoever on my refund. He would have to pay in if we filed separately. However that is what they are going to do. Also, they sent a letter stating they are going to submit the owed $22500 to the credit bureau unless it is paid within 30 days of the notice. I can't believe this ****! Somebody with some smarts help me out on this one. We meet with my attorney on Wednesday (tomorrow). Anything that would help this case is welcomed and appreciated. Question: Can my husband be fined for not reporting his new job to child support? I'm asking this in marriage and divorce because you probably know just as well as the law and ethics people.
He was working two jobs at the time that the child support amount was decided. He had planned to quit his second job (and had already put in his two weeks notice) until we found out the amount he had to pay a month. We realized that there was no way that he could pay that a month and we would still be able to pay our bills every month. He talked with his boss and kept his job. He also got a raise at the job he declared shortly after the order was in place.
During all of that, the state never sent anything about him not declaring his other source of income to his ex or the child support agency. Obviously the ex didn't know about it his other job or the raise. He set up his payments to come directly out of his check at the job that he had declared and nothing else was ever said.
He also has arrears to pay because the mother never filed for child support, but when he filed for his rights she suddenly wanted BACK child support! He wasn't being allowed to see his daughter so he went to court to get his rights and ended up in debt for something that was never ordered. The magistrate ordered that he had to pay back to the date that he filed so he is paying for nearly a year that he didn't see his daughter.
We have been getting withholding notices in the mail to notify him that his payments (and a percentage of his arrears) are being taken from his check. We already knew that, but I noticed an addendum that says he is required to report any changes to his income (or new jobs) that can be subject to withholding. Now, I am assuming that this is for those people who are finding ways around paying their support. He is not. It is paid in full every month. Does he still have to declare his new job? If he declares it to the state, will the ex be notified? Will the state automatically modify his support order to reflect his higher wages?
It isn't that he is trying to avoid supporting his child. It is that he and I both work two jobs to support our daughter and his daughter while his ex doesn't even have a job. She lives with her dad and lets her dad and her new boyfriend (and father of her new child) pay for everything for her kids. The money that she receives is spent on beer and weed. (We couldn't afford to keep going with the case to have drug testing done so we had to settle it with an agreement) I, THE STEP MOM, bought all the clothes for the child with my own money because I couldn't stand to see her in the rags her mother sends her in. The mother is perfectly able to get a job, but she won't and we don't want any more of the money my husband works hard for to go to that trashy woman. We want it to go directly to the poor little girl that is unfortunate enough to have her for a mother. (She used to be a decent woman from what I hear, but has obviously gone downhill) Question: Can CHILD SUPPORT in Illinois continue after child's 19th birthday? ?
I know child support is terminated at 18th birthday,but if the child is still in high- school the support continued until 19th.What If the child goes to college?It is possible the support to last and beyond 19th years?
I never received CS order from the court of IL,or summons and I don't know any dates.I just got income withholding notice for $400 monthly.I live in NJ and I don't mind to pay,I just like to know for how long,since I don't have any contact with my ex or child :(((( since they change they phone ## 10 mounts ago...
I was never served with any papers,they didn't know my address,and I dont have idea how the cort determine the amount of $400 mnt....
My child turned 18 on May 2008. Question: I need a lawyer whos expertise is in child support & taxes to answer this...? Last year when I filed my return it got taken by the Dept. of Education for overdue student loans from years ago. In March of last year I had a son with my live in girlfriend. We're too poor to afford to get married & now Im finding out we're too poor to have not gotten married. I live in WI by the way. So late last year the child support agency came after me to make me pay a portion of the birthing costs even though my girlfriends insurance from the state should have covered it. Apparantly Im still obligated to pay part of it even though we're together & the baby is in both our custody. Here's where the problem occurs. The Judge ordered that I pay $20 per month, but he deferred payments until Jan. 15 to allow me some breathing room due to us moving that month. I got a notice in the mail from the child support agency stating the terms of the order & then a week later I got a second notice saying I was behind on my payments. I ignored it thinking it was an oversight that would be fixed. My boss is taking the $20 out of my check because they sent her an order to do so & its getting sent there directly. I filed my taxes & fully expected that some money would be taken out again for the rest of my student loan, but expected there to be about $1900 left after that. It just so happens that $1900 is what I owe in birthing expenses. Now I tracked my refund & it said theyre withholding funds for the child support thing. That leaves ZERO $ left. We were counting on that money. Can they do this to me? Can they take my check even though Im not behind & the Judge ordered a payment plan? Im furious right now. Question: I dont understand court/legal terms. What does this paper mean? It has to do with child support payments. Child support has stopped due to the child being adopted, but now i am being ordered to pay back child support payments each month starting next month.
But, what does this part mean:
"Respondent is in contempt of court. The court will withhold sentencing on the contempt of court for a period of twelve months in order to give Respondent an opportunity to purge this contempt by making all payments as set forth herein. Should Respondent fail to purge his contempt of this court and fail to comply with any terms of this order, the court shall, wihtout requiring future notice, issue a warrant for the Respondent's arrest upon filling of an appropriate affidavit of non-compliance on behalf of Petitioner. Respondant shall thereafter be incarcerated in Jail until the court addresses Petitioner's comptemp charge and any other contempt charges that may then be pending."
In simple terms, what exactly does this mean?
Thanks for your time Question: Will my husband be fined for this? I'm asking this in marriage and divorce because you probably know just as well as the law and ethics people.
He was working two jobs at the time that the child support amount was decided. He had planned to quit his second job (and had already put in his two weeks notice) until we found out the amount he had to pay a month. We realized that there was no way that he could pay that a month and we would still be able to pay our bills every month. He talked with his boss and kept his job. He also got a raise at the job he declared shortly after the order was in place.
During all of that, the state never sent anything about him not declaring his other source of income to his ex or the child support agency. Obviously the ex didn't know about it his other job or the raise. He set up his payments to come directly out of his check at the job that he had declared and nothing else was ever said.
He also has arrears to pay because the mother never filed for child support, but when he filed for his rights she suddenly wanted BACK child support! He wasn't being allowed to see his daughter so he went to court to get his rights and ended up in debt for something that was never ordered. The magistrate ordered that he had to pay back to the date that he filed so he is paying for nearly a year that he didn't see his daughter.
We have been getting withholding notices in the mail to notify him that his payments (and a percentage of his arrears) are being taken from his check. We already knew that, but I noticed an addendum that says he is required to report any changes to his income (or new jobs) that can be subject to withholding. Now, I am assuming that this is for those people who are finding ways around paying their support. He is not. It is paid in full every month. Does he still have to declare his new job? If he declares it to the state, will the ex be notified? Will the state automatically modify his support order to reflect his higher wages?
It isn't that he is trying to avoid supporting his child. It is that he and I both work two jobs to support our daughter and his daughter while his ex doesn't even have a job. She lives with her dad and lets her dad and her new boyfriend (and father of her new child) pay for everything for her kids. The money that she receives is spent on beer and weed. (We couldn't afford to keep going with the case to have drug testing done so we had to settle it with an agreement) I, THE STEP MOM, bought all the clothes for the child with my own money because I couldn't stand to see her in the rags her mother sends her in. The mother is perfectly able to get a job, but she won't and we don't want any more of the money my husband works hard for to go to that trashy woman. We want it to go directly to the poor little girl that is unfortunate enough to have her for a mother. (She used to be a decent woman from what I hear, but has obviously gone downhill)
Ok, I know that isn't true answer number one. It states directly on the paper that first offense is $50, second is $100 and $500 after that...
I'm just wondering if it is really that important since the state doesn't seem to be interested in doing ANYTHING unless somebody is forcing it through court.
We live in Ohio by the way.
His income will be increasing by a decent amount since he'll have 2 jobs still, but the new one makes a few more dollars an hour than his current second job.
Ok, they were TEENAGERS when this baby was born. He wasn't obligated to pay anything by law. He TRIED out of his own convictions to send money to the mother and she either sent it back or refused it at the post office (if he sent it certified)
He also tried to work things out with her and her stubborn a s s refused to be with him or to let him see his child. He COULD have walked away and never heard from her, but he DIDN'T because he has a responsibility to his daughter! Question: What do these court/legal terms mean? I was paying child support payments & then the kid was adopted and the payments stopped. Now, i have been orderd to pay 95 a month on back support starting next month.
But, what does this part mean:
"Respondent is in contempt of court. The court will withhold sentencing on the contempt of court for a period of 12 months in order to give Respondent an opportunity to purge this contempt by making all payments as set forth herein. Should Respondent fail to purge his contempt of this court and fail to comply with any terms of this order, the court shall, wihtout requiring future notice, issue a warrant for the Respondent's arrest upon filling of an appropriate affidavit of non-compliance on behalf of Petitioner. Respondant shall thereafter be incarcerated in Jail until the court addresses Petitioner's comptemp charge & any other contempt charges that may then be pending."
Does that mean i have 12 months to pay off the back support? What if i cant afford all that in 12 months?
I owe 8,000 in back support, not because i didnt choose to pay, but because i just found out this year that i have a 5 year old.
They have ordered me to pay 95.00 a month to pay it off. But at that rate, it wont pay it all off in 12 months. I dont understand what exactly i have to have done in 12 months to stay out of jail? I wasnt able to make my last 3 child support payments when i WAS paying child support, because i lost my job. Are they meaning that i have 12 months to pay the last 3 payments of child support, before the child was adopted? Question: State taking my money Follow up? In 1996 I had an arrears order for child support dismissed due to lack of valid order, and lack of jurisdiction.
for 12 years this has not been an issue.
In September my passport was denied and in October my stimulas check was taken, now they are withholding money from my Social Security.
I have sent the dismissal to the enforcement center in Clark County Nevada, and they refuse to talk to me, and ignore my requests for hearings, and my requests for a copy of a valid order.
They have never given me notice of obligation, notice of service, notice that they were gonna withhold my money. NOTHING.
I have not recieved a single paper from Nevada for 12 years. Question: Very soon the non-custodial parent will be ordered to pay or found in contempt of court, what can I expect? I live in West Virginia and I am the single parent of a 16 month old daughter. Her father and I were never married, he ran off 2 weeks before she was born, and hasn't seen or asked about her since she was 5 months old. When our daughter was 2 months old he quit his job so when we first went to court he was unemployed. He claimed to have been laid off but the judge saw straight through his lie and ordered him to pay the average amount for a full-time emloyee OR have 30 days to retain new employment. In the past year and a half he has had 6 jobs. As soon as his employer receives notice of income withholding, he quits. The child support agency has noticed this pattern and have issued a request for a hearing to be found in contempt of court. He has since moved out of this county and has not updated his address. Will the warrant still be issued if he is not present at the address they have on file to receive the paperwork? If he claims to be currently unemployed, will he go to jail? I thought Obama passed a bill preventing noncustodial parents from jailtime so what is the procedure now? Could they reduce his arrerages? Question: Termination of Income Withholding? Ok, so I have NOT been getting my child support (my son is 3) and I am really getting fed up with it. I am a full time college student, and I also have a full time job. I am struggling. He doesn't help me physically, financially, and emotionally. Anyway, I went to the child support website, and I noticed this:
Order employer to terminate income attachement...
Obviously this means that any payments I should have gotten would be terminated, but can anyone tell me WHY??? I don't talk to this man, and I would love to know how he is skating without paying his child support! Did the court decide to terminate the withholding, or did the employer? Thank you for taking the time to help me out! Question: Would you deny visitation if there was a warrant out for the other parents arrest? My step-son's mother is a piece of work. The short story is that she was ordered to pay child support for her son to my husband. Technically they have joint custody, with my husband having primary custody.
Now we all know that child support has nothing to do with visitation, we can't withhold visitation just because she is over $2000 behind in child support.
However, child support services has sent many letters to her about paying her child support, and she has ignored them. She has had her license suspended, and finally child support services issued a notice to appear in court for contempt charges over the $2000 owed in back support. The silly woman didn't even show up.
The judge has signed the contempt order, it has been filed with the clerk, and there is a warrant for her arrest. We have been told she can only get out of jail, once she is picked up, by paying the back support owed.
We have been told if she is picked up by the police my step son would be put in "the system", called DFCS in Georgia, until they can locate his dad. So, my husband made the call that he did not want his son to see his mom dragged off by the cops or put in protective custody while they found him, and he has denied her visitation.
I don't know if he can technically do that, but that is what he has done. He told her that until she gets this sorted out she can't have the child.
Was he right?
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