S.P.A.R.C.

Separated Parenting Access & Resource Center
crazy gamesriddles and jokesfunny picturesdeath psychic!mad triviafunny & odd!pregnancy testshape testwin custodyrecipes

Author Topic: Question on CS  (Read 864 times)

concerned dadto2

  • Guest
Question on CS
« on: Sep 21, 2004, 07:39:25 AM »
Soc,
Hope this finds you well.

This is for my sis.  She has an email thru yahoo and couldn't register here.

Sis has a 9-year-old daughter.  Sis has an IDO that believe it or not she did herself and represented herself at the age of 21.  The last IDO was signed about 3 years ago and had an arrearge attached.

Since then while her child's father was working he paid off the arrearage reflected on IDO.  However, w/out a new IDO and the fact that he had changed jobs the employer continued to take it out.

Sis keeps good recorda and even w/ the overpayment, her child's father is approxiamtely $6,000.00 gehind again as he continually switches jobs and it always takes her a while to find his new employer and serve the IDO.

Sis was going to file Contempt again (she has had him in jail twice, each time he was in contempt and had a cash bond only which was equivelkant to what he owed her).  However, now he is wworking again and she is finally getting CS again.

She would like to go back for an update - basically to let judge know what the new amount owed is and to have the judge reiterate to him that according to her wording on the IDO it is HIS respomsibility to carry a copy of the IDO to all future employers.

She is unsure as to how to word this.  Even though he is $6,000.00 behind as far as the last 4 weeks is concerned he has satisfied the CS required.  However, he also just changed jobs and did not supply new employer w/ a copy of the IDO as stated in IDO.  Sis had to pay her child's father's cousin to tell her where he worked.

Sorry so long.

1.  How should she take this before the judge?
2.  Should she file for Contempt based on the arrerage and that he has had over 6 employers in last 3 years and has not once supplied them w/ a copy of the IDO?
3.  Or under a title to Motion to Modify the IDO?

Any ideas greatly appreciated.

Thanks.


socrateaser

  • SuperHero
  • *****
  • Posts: 5728
  • Karma: -2
    • View Profile
RE: Question on CS
« Reply #1 on: Sep 21, 2004, 08:49:08 AM »
>1.  How should she take this before the judge?

File another motion/petition for contempt, and request sanction and a judgment of arrears on the $5K.

>2.  Should she file for Contempt based on the arrerage and
>that he has had over 6 employers in last 3 years and has not
>once supplied them w/ a copy of the IDO?

I think that it is a HUGE mistake to force the obligor parent to present a copy of the IDO to the employer, because this may cause him to not get hired, and if he's not hired, then he can't work, and if he can't work, then he can't pay support.

>3.  Or under a title to Motion to Modify the IDO?

It appears that the IDO is satified, so it would be of no further force or effect. In fact, if this is the case, then your sis has an obligation to file a "satisfaction of judgment" or her ex could sue her for wrongful garnishment, abuse of process, interference with contract (maybe even fraud).

If you want any more advice on the IDO, itself, I will need you to post it here, EXACTLY as written.

 

Copyright © SPARC - A Parenting Advocacy Group
Use of this website does not constitute a client/attorney relationship and this site does not provide legal advice.
If you need legal assistance for divorce, child custody, or child support issues, seek advice from a divorce lawyer.