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Another CS Question - More Drama

Started by notthemama, Oct 08, 2005, 12:06:11 PM

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notthemama

My soon to be hubby received a $33.00 check from his ex-wife yesterday along with a letter stating the remaining support she is to pay after childcare expenses is $33.00.  She has been ordered to pay $281.00 to him for child support.  Childcare for her half each month is $248.00 a month.  She went on stating in her note that if he wanted the full $281.00 for child support, she wouldn't pay for childcare, but if he wanted her to pay them, she would give him $33.00 a month.  

From my understanding, when her lawyer (she is the one who came up with the $281.00/month figure in the first place) should have calculated childcare cost into the child support formula.  Leaving the remaining balance the full amount of child support due.  Please correct me if I am wrong.

Now the only things specified in the latest hearing is the establishment of primary custodian, visitation schedule, and the fact that he is no longer paying support and that she is ordered to.  In the order signed in September by the General Magistrate who precided, and the Judge, the last line in the order states, "Except as modified by this Court's order, all prior orders entered in this case should remain in full force and effect."

Now, dating back to May 2004, filed along with the Dissolution of Marriage, signed by the judge was a divorce settlement that my soon to be hubby and his former wife signed and intialed that, "Each parent agrees to pay 50% of the childcare expenses."

Isn't the child support and the child care seperate amounts she owes? Each formula I've seen has a section for child care amounts that each party is responsible for or pays.  While the children were with her 4 nights a week, and he had 3 nights; he paid full child support and childcare expenses.

Mixedbag - I know you have some helpful input!! What should he do?[/b]

ocean

I do not know what state you are in but when I went down to CSE they did the paperwork and THEY asked for a court date. We were given a court date and when I went I asked that CSE take over and these are the latest numbers. (we agreed before hand so a little easier). We were each asked to show out taxes from last year and the magistrate signed off on it. Then CSE took the case and sent ex's job the paperwork to take it out of his check and ex's job sends it to the state which then gets direct deposited to me. I also have a fixed child care bill and I asked to have that taken from his check and they agreed (this is not done unless you ask-otherwise you will have to send her a paid bill and she will have to pay you). I agree with you thought...she should have a set child cupport amount PLUS daycare...not take it away from the child support. She is playing games....

MixedBag

Sounds like you're right.  Make sure you research your state's codes to see how they address day care costs.  AND I'd suggest reading through your state's Supreme Court Decisions to see if there are other families who have gone through this as well.  That will give you an idea on how the court might look at it.

Stuff not readdressed in the new order remains in effect from the old order -- I think I learned that correctly from reading Soc's board.

The other thing I'd suggest is to contact the courthouse and see if you can get a copy of the child support calculation worksheet.  That might give you a clue if the judge put anything in the day care line to indicate that it's now included.

I'd let it go for a month and then write a letter that tells her she owes you XX amont and give her the references you stated here.  

Let her dig herself a small hole.  

After about the second month, I'd file for lack of receiving child support AND daycare expenses with the court if she doesn't fess up what she's supposed to pay.

And from below -- if you really asked DHR to "monitor", then she should be paying them, who in turn pays Dad.  That's "monitoring"....

And yes, use them actually for "free" to get this issue straightened out.  Maybe a phone call from them to Mom explaining that her interpretation of the order is incorrect might do the trick.  Worked once on EX#1 when he just didn't understand the "system".


notthemama

We are from Florida, and I do agree with you, I do believe she is playing some sort of game.  She is probably aware that he no longer has the attorney that represented him a few months ago and could be trying to get his goat a little.

Soon to be hubby called her on Friday evening and left a message.  I wonder how long it will take her to call him back.  Last Tuesday when he called her, she never did call him back.  Talk about poor communication!

notthemama

Thank you MixedBag, I had a feeling you would have some great insight on the subject.

I have suggested that we get a copy of the CS Guidelines Worksheet to see how it was calculated.

Right now we are concerned with being stuck with a childcare bill of $124.00 a week.  Then having to seek additional legal assistance or taking her to court to get recouped.

But we will try to take it as slow as possible, but it is extremely hard when someone with an awful attitude and smart comments kind of pushes you on.  Dad is going to contact a legal help line today that is offered through is job to make sure we are correct in assuming she is still responsible for 50% of childcare and the $281.00 CS.

Thanks again!

MixedBag

for free.

And register or give them a copy of the latest order.  They will give you FREE help in going after her because the subject is child support.

(Actually this is a sore subject with many here because to collect Child Support, you can get "free" help.  But to enforce parenting time, there's no agency out there to help.)

notthemama

Dad talked to his former attorney who was able to obtain a copy of the worksheet submitted by his ex's attorney.  Comes to find out the worksheet was submitted with the incorrect childcare expense inputted.  It was listed as $260.00/month instead of the actual $520.00 that the current charges are.  With the correct figure inputted, her ordered support amount should go up to over $330.00 which will include the childcare expense.  That makes more sense now!  But that is with her responsible for 31% of childcare, not the 50% they both agreed to.

So, his attorney suggest that he come up with an agreement with her outside of the courts stating her actual amount of child support owed which will include her half of the monthly childcare.  If she doesn't comply, he suggest that he go to court and have them enforce it.  Otherwise, for the moment, he has only received $33.00 in support from her.  Since she hasn't paid the $248.00 to daycare yet, he is going to ask her to give him the check instead, that way he can be sure that the childcare is paid for timely and not get deliquent.  She still owes past due daycare $485.50!

MixedBag

"Dad talked to his former attorney who was able to obtain a copy of the worksheet submitted by his ex's attorney. Comes to find out the worksheet was submitted with the incorrect childcare expense inputted."

If the worksheet was submitted by the EX's attorney, there was no mistake in submitting the incorrect figures.....there was someone who was trying to pull a fast one.


ocean

Doesn't Florida have a child support office you can go to? Like someone else said it is Free and they help you get a court date and they take it from there. You just need to show up with your current bills (daycare), past bills (if any), and child support order. SHe does not need to be behind for you to go.

notthemama

Mixedbag, I definitely agree with you on that one.  I think Dad has been duped.  The information received regarding childcare expenses had to come from ex-wife.  I really wish the two kids childcare only was $260.00 a month! That would make all of our lives easier.

Dad was able to talk to his former lawyer who suggests that he talks to his Ex-Wife and get her to sign off on the correct support amount that would have the correct responsibility for childcare expenses included and have it notarized and submitted to the court.  However, if she does not agree, he suggest that he takes the issue to court.

Still, we have yet to hear from her after his last message.

Thanks everyone who responded.