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Old 02-16-2010, 07:22 AM   #1
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Question about Delinquint Child Support

DSD's bio mom is supposed to be paying $200 per month for DSD's child support. She hasn't paid for 5 months now. She is also in arrears for $2500. I think we'll get her federal refund or part of it for the arrears. I got a letter saying that the case had been referred to NJ law enforcement. (she lives in NJ and we live in VA) I'm assuming she got papers on it since she left me a nasty email last night. Anybody had a situation similar to this?

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Old 02-16-2010, 07:32 AM   #2
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Re: Question about Delinquint Child Support

If she's behind, then, yes, they will take whatever they can from her tax return. Other than that you have to try to get an order saying they can take it out of her paycheck before she ever sees it. That means she has to have a steady job for that to happen though.
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Old 02-16-2010, 07:32 AM   #3
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Re: Question about Delinquint Child Support

sorry dbl post
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Old 02-16-2010, 09:00 AM   #4
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Re: Question about Delinquint Child Support

Yes, I'm in a similar situation right now.

Ex DH hasn't paid in approx 7 months and is quickly approaching $5,200 in delinquency. The County trustees office opened legal action (without my provocation). What they do is a few hearings to assess the situation through the courts, see if any adjustments need to be made, and get the payer on a plan to payoff the arrears and get up to date. My ex isn't a bright man and never filed to have the order lessened (due to his "loss of job" which was more likely him quitting to avoid paying) like the judge told him initially to do and he hasn't paid anything. On that end, once they've passed the hearing phase they do a contempt of court trial, in which he can actually go to prison with a felony "failure to support". That's the way that its done in Kansas, although I'm not sure about where you live. The rule of thumb between misdemeanor and felony is over 6 months or $5,000. HTH.
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Old 02-16-2010, 09:41 AM   #5
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Re: Question about Delinquint Child Support

She is court ordered to pay it from her paychecks. Her employer is supposed to withhold it. She got laid off supposedly but I was told she is still supposed to pay it regardless.
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