col6
New
Reged: 03/12/08
Posts: 22
Loc: Central NY
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My ex has been paying me child support direct every two weeks via check. He has been late for the last 6 months, by at least a week. When I ask him about it, his response is too bad, I'll get it when I get it. I've threatened to go after wage garnishmet to ensure that I'll receive it on a regular basis, but am not sure how this works. Does anyone know if I can just request wage garnishment or do I need to have a valid reason? When he does give me the child support checks, they are dated with the date they were truly due. I copy each check and write when I really did receive it and note how late it was but I don't know if this is proof. Is wage garnishment something that I can just request and if so, does anyone know what department I contact - Family Services? Thanks!
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2312
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What state ?
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Jada
Platinum
Reged: 06/02/07
Posts: 3501
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Contact the agency that collects child support (the family court should be able to point you in that direction) and see if you need a court order to collect through them, either him paying them the child support (this way, if he's late it's not just a he said she said situation) or a wage garnishment.
If you don't, then sign up and let them handle it. It's going to be about a week delay, anyway. But your ex doesn't get to play this game with you to annoy you.
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col6
New
Reged: 03/12/08
Posts: 22
Loc: Central NY
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New York
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col6
New
Reged: 03/12/08
Posts: 22
Loc: Central NY
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Thanks for the direction. I just wasn't sure where to start with this. One other question on this - last month when he was late, I told him I would request to have his wages garnished. His response was that if he had wage garnishment, he would be fired from his job (in other words, it would be all my fault if he was fired and then I wouldn't get any support..nothing that I haven't heard before). I can't imagine someone would be fired for wage garnishment, regardless of the reason - does anyone know if there is some truth to what he said, or is he just trying the usual guilt trip?
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ttina
Platinum
Reged: 02/28/08
Posts: 398
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If he were fired for wage garnishment, then he would have a case for wrongful termination. I do payroll as part of my job. Garnishments come in the form of a court order.... If the employer refuses to comply with the order then the company can be sued and fined for contempt. You think he may be afraid to have his pay looked into?
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col6
New
Reged: 03/12/08
Posts: 22
Loc: Central NY
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I don't think he's afraid to have his pay looked into - at least by me. About 9 months ago I took him back to court for an increase in support. He had a new job and refused to give me income verification as our decree states. As part of the child support review, he had to provide pay stubs and income verification so he knows I am aware of his salary. I won the increase and at that time had the option to have the support paid through the courts. I said he could contine to pay me direct as he has been and there were no issues previously. I'm sure he just said that to be a bully.
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theanswerguy
Platinum
Reged: 04/12/07
Posts: 2312
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https://newyorkchildsupport.com/
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Never let your sense of morals get in the way of doing what's right. Isaac Asimov
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Jada
Platinum
Reged: 06/02/07
Posts: 3501
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[quote]Thanks for the direction. I just wasn't sure where to start with this. One other question on this - last month when he was late, I told him I would request to have his wages garnished. His response was that if he had wage garnishment, he would be fired from his job (in other words, it would be all my fault if he was fired and then I wouldn't get any support..nothing that I haven't heard before). I can't imagine someone would be fired for wage garnishment, regardless of the reason - does anyone know if there is some truth to what he said, or is he just trying the usual guilt trip? [/quote]
He's trying to scare you into not getting a garnishment. And you can choose not to go the wage garnishment route, just have him pay the agency so that they can keep track of whether he's on time or not. Chances are he will start paying it on time.
But he's not going to lose his job if the child support is garnished.
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Down
Platinum
Reged: 12/19/06
Posts: 465
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Go ahead with the garnishment. I was afraid to do this, too and my X cried bloody hell when he was notified. But, the thing is he agreed to pay so much over a year ago and the court signed off on it. It was less than the guideline amount for my state by several hundred dollars--because I didn't want to send him to the poorhouse. He paid me directly for several months but then he started getting later and later and quit paying altogether. He was still golfing every week and then got himself a new car but I'm not supposed to care about that, right?
In my state we have an income shares model so I make more money and pay more of what the kids need. The small amount that he is supposed to pay, though really does make a difference and I was determined to hold him to the agreement. I let him know ahead of time what I intended to do and when that didn't work I let the child support enforcement agency in my area take over. Payments have been regular ever since. It's worth it. Now, if I could just get him to help me out with medical. I carry insurance on our 3 children, he is to pay 1/2 out of pocket expenses (I am to pay the other 1/2). I have been paying 100% for the last 6 months. You know, I gotta think he doesn't have a clue what the costs are for raising these kids. Either that are he doesn't care. I seriously hope it cluelessness and not carelessness.
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Jada
Platinum
Reged: 06/02/07
Posts: 3501
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You may be able to get the state to collect the medical expenses, too. Check with the agency that handles child support collection and see what you need to do if they do handle this. Be sure to have all of the receipts for the expenses that he has not reimbursed you for as he was supposed to per the court order.
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