CS ???

[gregvdixon]

Hi all.  I am a new member.  I posted this to soc before I saw the CS board.  I decided to post here too so I can learn from everyone.

I have had sole custody of my 13-year-old daughter since 97. I have a CS order against her BM. She pays if and when I can determine where she is working.

My last CS order was from 99. At that time BM was almost $1800 behind. The IDO states $56.23 per week CS and an additional $18 per week till arrearage was satisfied.

Since then BM has jumped jobs frequently.

Bottom line is orignal arrearage was paid. Each time I served new employer w/ IDO they took the CS and extra for arrearage - at one point this did result in a brief overpayment as judgment was satisfied. However, due to gaps in employment, after deducting the overpayment, BM owes about $5,000 at present.

Since 12/04 BM has paid all current CS due. This was due to my determining where she lived and me sending notice that I would take her to court if she didn't start paying. She began paying the $56.23 per week. However, from 2/02 - until 11/04 - nothing, in addition there were other gaps.

I just found out where BM works and served the IDO on 02/05/07. Although order states once IDO received employer should take $56.23 per week CS and the $18 for arrearage. Order further states this should be deducted and mailed to me w/in 2 days of BM getting paid. She gets paid weekly.

Her employer didn't begin taking the CS out until 03/07. And, employer is not taking out the arrearage. Payroll clerk said she wouldn't take it out as BM stated she owes me no back due CS.

I represented myself on the CS case. The CS goes direct to me not through a CSE agency. BM chooses to have nothing to do w/ our daughter. We are in Ga.

My questions are:

1. When I go to court, do I just file for a Modification?
2. How do I address the fact that old arrearage was satisfied, but new arrearage has acrued?
3. Isn't the payroll clerk in violation of the CS Order I served on them by not taking out the extra $18 per week as the CS Order states and if so how can I address that?
4. As a matter of law, does employer have the right to send the $ monthly rather than weekly w/ in 2 days of pay date as court order states?

Thank you,
Greg

[gregvdixon]

Just a quick note to above post.

This afternoon I mailed the payroll clerk another copy of the IDO w/ certain provisions highlighted along w/ a copy of the official code of Ga 19-6-30 which deals w/ CS and IDO issues.

I also went by the tax office and got a copy of his most recent home purchase along w/ a copy of his original home. One is only valued at $66460, but his new house bought in April was valued at $219,400 which is high for our area.

I just want to be able to show that he isn't exactly hurting for $$$$$$$$$$$$ and has the ability to pay CS, if not the desire.  
I tried to get copies of all his auto tags, but that isn't public info

He is her husband.  They got married in 04.  She puts everything in his name.

[mistoffolees]

>Just a quick note to above post.
>
>This afternoon I mailed the payroll clerk another copy of the
>IDO w/ certain provisions highlighted along w/ a copy of the
>official code of Ga 19-6-30 which deals w/ CS and IDO issues.
>
>I also went by the tax office and got a copy of his most
>recent home purchase along w/ a copy of his original home. One
>is only valued at $66460, but his new house bought in April
>was valued at $219,400 which is high for our area.
>
>I just want to be able to show that he isn't exactly hurting
>for $$$$$$$$$$$$ and has the ability to pay CS, if not the
>desire.  
>I tried to get copies of all his auto tags, but that isn't
>public info
>
>He is her husband.  They got married in 04.  She puts
>everything in his name.


A lot depends on the state. In some states, if her new husband has money, she can be obligated to use it to pay her support. I learned that hard way that as a stepfather, I was taking on an obligation to support BM's kids.