What Do You Think?

[NWMom]

Hi Soc,

I posted to you previously about my Ex claiming that I was in arrears of my child support.  Due to the fact that in Jan 2004 I reduced my payment because of the insurance I was going to carry while awaiting the modification of the child support.  As you may recall I had over paid in the past.  

As previously posted when I questioned Support Enforcement about how they figure arrears I was told that they add up the obligated amount and the amount paid.  I since have requested this in writing but to no avail have not had an answer.

In the mean time my Ex keeps sending me letters demanding the money based on the court order.  So I decided to look closely at all my payments and the court orders.

It seems that when the support was modified in 2001 that it was retro back to Feb of 2001.  I never noticed this until today.  During that time period I was paying him a much higher amount.  In fact when I add up the amount paid from Feb to July I paid him $9316.00 and according to the court order the amount was $527.15 a month which makes an obligated amount of $3162.90.

The Modification was filed in July but retro back to Feb 1, 2001.  So this gives me a legitimate over payment of $6153.10.  

Here comes the questions:  =)

1)  How will the courts handle this information if he does now try to take me to court on contempt?

2) He is claiming that he will have my wages garnished by his lawyer.  Can he do this with out a court hearing?

3)  Should I tip my hand to my Ex? Or just sit back and wait to show the court this evidence?

4) How do I go about getting credits for this amount of money?

[socrateaser]

>1)  How will the courts handle this information if he does now
>try to take me to court on contempt?

If you have paid more than you were ordered to, you cannot be in contempt.

>
>2) He is claiming that he will have my wages garnished by his
>lawyer.  Can he do this with out a court hearing?

If a valid, enforceable order for support exists, and the court has stayed a wage assignment order, then it is fairly easy for a custodial parent to drum up some trivial excuse and thereby obtain an assignment order. It will then be up to you to challenge the order as invalid. However, the order will not be invalid, so your wages will be assigned.

The solution, if you can prove that you have paid too much, is to move the court to order you credited for the overpayments.

>
>3)  Should I tip my hand to my Ex? Or just sit back and wait
>to show the court this evidence?

I think you are in a pissing contest. This is a waste of energy, in my opinion. If you have a case for reimbursement, then go get your money. That will shut him up, simultaneously.

>
>4) How do I go about getting credits for this amount of
>money?

See above.

[NWMom]

Ok........

I am really trying to keep costs down with lawyers.

1) Wouldn't he have to have proof that I was in arrears before any garnishment?


2) Would there be a hearing ordered first in court?

[socrateaser]

>1) Wouldn't he have to have proof that I was in arrears before
>any garnishment?

Nope. All he needs to do is declare in his affidavit that your check was late arriving more than once, and the court will order the stay lifted and the wage assignment issued.

>2) Would there be a hearing ordered first in court?

Nope, he can get an Order to Show Cause, and the hearing will be set after the wage assignment issues.

[NWMom]

I just called the court house and made an appointment with the court facilitator.  I am meeting with them on the 11th. I am hoping they can easily assist me with the request to be credited.

1) He is out of state so wouldn't he have to come to WA?

2)  Will my motion stop any actions on his part?

[socrateaser]

>1) He is out of state so wouldn't he have to come to WA?

Not necessarily, but that would be the fastest method.

>
>2)  Will my motion stop any actions on his part?

Not really. If sufficiently motivated, he could file an OSC right on top of your motion and the court will order the wage assignment.

You're dealing with a federally mandated requirement that wage assignments issue in all cases, absent a stay by the court, supported by a request from all parties. The court knows that if you pay direct then the State collects no federal matching funds, so there is every incentive for a judge to allow a wage assignment and order that it go through the State's collection system, whatever that may be.

[NWMom]

My concern that he is going to try and get $3000 that is not owed to him.

That is what I meant by trying to stop his motions.  I actually am thinking about going to my support enforcement office and request that I pay them directly.  That will stop this nonsense of him claiming that I owe him all the time.

1) I am meeting with the court facilitator on the 11th. Do you think this is correct so that I can prove I do not owe?

2) Should I also go to support enforcement and request that all future payments directly to them?

[socrateaser]

>1) I am meeting with the court facilitator on the 11th. Do you
>think this is correct so that I can prove I do not owe?

I can't tell. I'd have to read your entire case file to give you a true answer.

>
>2) Should I also go to support enforcement and request that
>all future payments directly to them?

Well, that's a tuffy. Even the state collection unit makes mistakes. The only real protection is to keep a copy of every check you've ever written, or paystub, if it is deducted from your pay.

[NWMom]

I will keep you updated if I have anymore questions.  I am going to the court house on the 11th and will take it from there.

There really should be some laws that protect us from malicious claims.

My Ex is looking for money to pay his CA lawyer no doubt because our child custody dispute is getting very expensive.  I seriously doubt he has the cash to hire a lawyer in WA state anytime soon.

My best chance is to proceed with my own motion and shed some light on the courts that this is where my motion is stemming from.  I don't even care if they don't order me the money returned to me I just want them to see me in a "Current Status"  ( But a credit would be nice)

Wish me luck!!!!!!!!!!!!

Thanks Soc as always for your sound advice.  =)