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Author Topic: End of Child Support..Or is it?  (Read 1224 times)

KAT

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End of Child Support..Or is it?
« on: Sep 21, 2005, 01:42:12 PM »
Hi Soc!

State: Virginia (support until age 18 or 19 if still in high school or graduation which ever comes first).

I am the non-custodial parent. Child turned 18 on the 13 of this month. Dropped out of school at 16 in the 8th grade.  No contact in 3 years in the interest of self preservation (false abuse allegations).

Voluntary garnishment goes without saying.

Contacted my employer human resources department to make sure child support would terminate according the written court order (verbatim as stated above, no fine print). HR (located in California) states that VA closes cases at the end of the month, pay until then, standard proceedure.

Contacted case worker who states:

No VA code nor is it written anywhere at all  that the support is to continue until the last day of the month. Worker states it is standard procedure in *most cases* (emphasizes most cases).

 I ask what most cases are? Where the state garnishes? If I wasn’t garnished could I just stop paying?  She only repeats “most cases”. The order clearly states eighteen NOT until the end of the month (she had file). She repeats “Paying support until the last day of the month is standard in most cases” & then “that’s all I can tell you”.  *THUD*

Contact HR department, tell them to refer to the court order, not to make up something that isn't there. HR FINALLY concedes to stop garnishment. Yippee

1.  Am I missing some Federal Law that would prevail? Have searched for hours, even VA case law finding nothing..

2.  If arrearage letter is sent is it worth taking before a judge (mainly this is the principal of the matter but also good chunk of change $1,343).

3.  Do you think that  *most cases* means in most cases NCP's keep paying just because CSE says so?

Thank you!! You are the best!!!

Kindest regards;

KAT



socrateaser

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RE: End of Child Support..Or is it?
« Reply #1 on: Sep 21, 2005, 02:42:07 PM »
>1.  Am I missing some Federal Law that would prevail? Have
>searched for hours, even VA case law finding nothing..

No federal statute of which I am aware.

>
>2.  If arrearage letter is sent is it worth taking before a
>judge (mainly this is the principal of the matter but also
>good chunk of change $1,343).

You tell me.

>
>3.  Do you think that  *most cases* means in most cases NCP's
>keep paying just because CSE says so?

I think that no one thus far has the slightest clue about what the law actually is in this circumstance.

Ordinarily, a court ordered wage assignment/garnishment for support continues until such time as it is terminated by a subsequent order. So, CSE may send out notice to stop withholding, however, the standard federal OMB template withholding order does not contain a termination date, so I would doubt this to be the case.

Depending upon the State, emancipation occurs either when ordered by the court on motion of one of the parties, or by operation of law, but either way, the writ of garnishment/wage assignment/withholding order, or whatever it may be called in VA, continues until the court clerk issues a termination order and that order is served on the employer.

In a situation where a payor is garnished unlawfully after termination by either operation of law, or court order, that payor can ask the court for reimbursement from the payee parent on grounds of unjust enrichment, and it will probably be granted.

However, if your payroll department stops garnishing on its own responsibility, that would be a "gift from the gods," in my opinion, because I am reasonably certain that they would technically be in contempt of court for doing so.

KAT

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Refunded!!
« Reply #2 on: Sep 28, 2005, 11:58:49 AM »
Hi Soc!

Thank you so much for explaining the wage garnishment order to me. I was going to answer earlier but figured I’d wait until the end of the month so that I could also give an update.

You were right. I looked at my copy of the garnishment order & there is NO ending date. I contacted my HR department again with the information you had so kindly supplied me with.

They stated they were not in possession of wage garnishment order & were withholding only due to the court order I faxed to them. They said they weren’t going to withhold additional $$ until contacted by VA CSE. They have never heard a word from CSE during the entire 3 years.


HOWEVER, I am very pleased to say that in the mail today I received a refund!!! CSE actually pro-rated the month & bio got a short check…Forgive me but I just don’t have a tear for that….oh, sorry, not suppose to be derogatory.

I am very happy since bio is willfully indigent. Only income is from child support & various lawsuits (in a tri-state area). I'd have sued her but there wouldn't be any possible way to collect. Another bankrupcy is right around the corner for bio anyway (clockwork every 7 yrs).

Thank you for all you do Soc!! I read all your responses. You are a hoot!

Kindest regards;

KAT

PS: Try St. John Island in the Virgin Islands. You & yours will love it!!! So peaceful!!! I’ll be the blonde at the bar; with a HUGE drink and even bigger ..errr..smile. *wink*

 

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