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Spank away!  :)

We are in MI, the court order for CS arrears is in CA.  I do have H&R block software which lets the user (me) look at filing married/joint and married/separately to see which works best.

Actually, if we hadn't refinanced the house last year we probably wouldn't be looking at a refund at all, or it would have been so small it wouldn't have mattered, but now we have more deductions that I originally anticipated.  I did change my exemptions last year to try to not only avoid a refund, but honestly we need every penny we can get with every paycheck.

Thank you to and everyone who replied!

Hey Soc!  Quick question:

My husband was diagnosed with a disease in Sept 2005 and has not worked since, so no income for 2006 except mine.  

Do you know:

1.  When we file our joint taxes including injured spouse, since he had no income in 2006, wouldn't the entire refund belong to "me?"

2.  Or would the IRS consider part of it "his" and therefore take some of it for state-owed arrears?  

Thank you for any and all help.  :)

I wish obligor could afford to party!  I will e-mail you, and I apologize for not keeping up.  Work, obligor and stress have sapped all my energy and required all my time.  It's been a rough road.

1.  I presume this is the standard "modification to support" form that obligor can easily find online.

2.  Obligor has no custody rights, and child may be "home schooled."   But oblibor will refer to item  of your response.

3.  Sorry, a dumb question....Obligor has absolutely no money to spare and cannot afford to waste even a dime.

4. Ok

5.  How long in advance should this be filed?  Obligor is thinking mid-November.

Thank you again!!!!!!  :)

Dear Soc,

Glad to "see" you and thank you in advance for any help.

Court order is in CA, obligor is in MI, child will be 18 in December 2006.  Obligor was diagnosed with a rare muscle disease that cannot be cured, almost a year ago and has not worked since, has been borrowing money from family to pay ongoing support.  He has filed for SSDI, but you know how long that can take.

1.  How does obligor go about filing, pro se, to try and emancipate the child in December?  Obligor may have a template to request a telephonic hearing, if necessary.

2.  How does obligor find out if child is still a "full time high school student" as outline in CA law without the help of an attorney.

3.  Is it worth it to try and find an attorney who works cheap to do this instead?

4.  Is the burden of proof on the CP to prove the child is still a full time high school student?

5.  If the CP does not prove to CSE that the child is still a full time student, does this even go to court?

Any other suggestions you may have are more than welcome.  Again, THANK YOU FOR ALL YOU DO!

"Well, if you're thinking of going to the U.S. Attorney Office and filing a complaint, I can practically guarantee that they're gonna do absolutely nothing. The statute may provide you with some protection, but you'll need to contact the local county prosecutor where the business that stiffed you is located, to get any enforcement."

Yes, I would go to the Macomb County (MI) Prosecutor.  The total garnished but not sent is $1,254.33, which is over the $1,000 to make it a felony instead of a misdemeanor.  This will be the third case filed against the same employer, with a forth ready to be filed.  He didn't show up for the first two and there are warrants out for his arrest, but there's really been no movement on those warrants because while he's still in business, he doesn't have a stable place to work out of.  He's met on jobsites by his employees.  I am in the process of getting one of the employees to give me a copy of his paycheck so I can get the company's bank name, routing number and account number to ask San Diego County to do an electronic funds withdrawl.   Just trying to get all my ducks in a row.

Thank you!  Glad to see you're doing well.

Court order is in CA, I am in MI.

MI employer withheld over $1,000 in child support but sent checks to CA support on an account that was closed, therefore they bounced.  I no longer work for that employer since I have been diagnosed with a muscle disease and have been paying on my own.

I've read CA Family Codes 5235 and 5241 where it says I cannot be held in contempt, and that CA can take money directly from the employers account if money is withheld but not sent.  Also, in MI, this is considered a federal crime, fraud by conversion, which the employer has already been charged with by three others to whom he did the same thing.  He did not show up to any court dates and nothing has been done.

1.  How do I notifiy CA (San Diego County) that this money has been taken but not sent?

2.  Are paystubs showing the garnshment proof enough for the county?

3.  How do I get CA to try to get this money from the MI employer?

4.  Is this something I can do myself, or is an attorney recommended?

5.  Not sure if you can answer this, but is it worth pursuing the federal crime in MI as proof to CA that this money has been garnished?

Any other suggestions you offer are always welcome, and thank you very much for any response you offer!

Court order is in CA, I am in MI.

MI employer withheld over $1,000 in child support but sent checks to CA support on an account that was closed, therefore they bounced.  I no longer work for that employer since I have been diagnosed with a muscle disease and have been paying on my own.

I've read CA Family Codes 5235 and 5241 where it says I cannot be held in contempt, and that CA can take money directly from the employers account if money is withheld but not sent.  Also, in MI, this is considered a federal crime, fraud by conversion, which the employer has already been charged with by three others to whom he did the same thing.  He did not show up to any court dates and nothing has been done.

1.  How do I notifiy CA (San Diego County) that this money has been taken but not sent?

2.  Are paystubs showing the garnshment proof enough for the county?

3.  How do I get CA to try to get this money from the MI employer?

4.  Is this something I can do myself, or is an attorney recommended?

5.  Not sure if you can answer this, but is it worth pursuing the federal crime in MI as proof to CA that this money has been garnished?

Any other suggestions you offer are always welcome, and thank you very much for any response you offer!

Hi Soc!  Long time, no talk!

State is CA

My DH was paying support out of his pocket since he lost his job in Oct 2002.  CA employer enforcement called him (just got a new job) and wanted to start the garnishment again.  No problem.

We get the court order CSE sent to his employer that didn't include the monthly amount for arrears.  DH calls employer enforcement back (sorry now that he was honest), and employer gets new orders that doubles his arrears payment!  How can this be done without a court hearing?

1.  Can he file a motion to quash the order?

2.  Since a 3 year modification is coming up, can he state that support was just modified (even though it was just arrears)?

3.  Should he call them back and find out how/why they doubled his arrears payment?

Any other help would be appreciated, as always.  Thanks for being here for us!

Thank you!