This CAN'T be legal

[olegeezer]

Hi! My bud's account got seized to pay support. He can't close the account because it's seized. The seizures keep coming in weekly now, they're charging the bank for support, and the bank's charging the customer, even though the funds have been distributed. So, there's the additional overdraft fees each day, piling up. What the F is that? He is SO screwed, I called the State department of Banks but it looks like a very long process to find the law on this, I am wondering if anybody has a clue, can you throw me a bone to pass along?

Incidentally, this arrearage was incurred at the onset of the order, not built up, and the guy paid his support pretty faithfully with money orders, and he's been expecting them to attach his wages, but they haven't, hence the money order payments.

Ow!

Got funds?

Thanks if you know anything!

[KAT]

This kind of shhhhhhhhhhhhhhhhhhhhttt just tanks my token. How is it listed on the support order? Arrears or retro? It could be that CSE made a mistake & by god I'd sue them to pay for it. They tried that with Mr. KAT. It was RETROACTIVE support and not due until 2 months later. They promptly sent a letter that if it wasn't paid within 7 days, yadda, yadda. Of course I fired off a really nasty letter correcting their error. To my suprise, there was actually an apology letter returned.
Has your friend spoken to the branch manager? I'm sorry, I wish there was something else I could tell you.....
GRRRRRRRR!
KAT

[olegeezer]

told him to work it out with the CSE,...... thanks.... I have to run won't be back till tonight

[pickupsticks]

How do I make sure that my modification of child support is made retro instead of arrears?

[KAT]

ASK the judge, Mr. KAT did. "Your Honor, can we set this up as retroactive support, I can pay the amount in full by April 15th". Do NOT be afraid. He/she puts their socks on one at a time just like we do. Basically it's an order within an order. It will be set up as Mr. Doe has 90 days to pay retroactive support in the amount of $600. and/or at a rate of $250.00  a month. If it's not paid, then it becomes arrears & can put you in contempt. This needs to be requested more often because I really don't see how there can be arrears of a court order when it stinkin' hadn't been ordered yet!!!!!!! NCP's are having their credit rating destroyed because of this b.s. & I for one am SICK OF IT.
Fight for your rights.
KAT

[pickupsticks]

YOU ARE SOOO VERY RIGHT. THANKS MR.KAT!!!!

[jilly]

Your response got me to thinking about something.
My DH pays child support for 2 children (different mothers).  Last year his CSO for his son was modified/increased.  The motion to modify was filed in May but the actual hearing wasn't until August so of course that put him in arrears as soon as the Judge ordered the increase.  If I'm understanding you correctly DH could have and should have asked the Judge to set it up as retroactive support with agreement to pay X amount by Y date?  That way there would be no arrears now and he'd be current?
If that is the case can DH go back and request that the arrearage be changed to retroactive support even though it's been over a year since the modification?
Is this State specific or systemwide?
Will doing this just set him up for another modification of CS for his son?
 

[KAT]

I'm sorry, I have no idea if he could do it  now or not...but considering the way the courts are, if it wasn't done that day, heck, he's in arrears right? There is nothing in VA that remotely states retro vs arrears. HOWEVER, the judge took it with NO arguement at all so I guess there is something that I was missing but she (bias hag) knew about. I read about it on a board a while ago, like 5 years when all this b.s. started. I knew it was going to happen to Mr. KAT sooner or later....I save EVERYTHING I find.
Personally, when one takes a CP to court for anything they are always faced with an increase in CS as retribution for them trying to keep hold of their parental rights....lucky for them, the courts allow it just because. I don't care if your state says 3 years or 20% because there is ALWAYS something in there that states *circumstances*. What CP can't come up with something eh?
If it happens again however, I would try it. You know it's coming so start saving up to pay it. CP loves to WHINE about how much in arrears the NCP is..heck, I'm not going to fuel that fire right? HA!
Oh, Mr. KAT ended up having to pay her 4 grand (came out of my savings) but you know what she did? Gave the money to a lawyer to fight for custody of her husbands son....FACT cause HIS mother (her MIL) told me. They lost. *snicker* So much for providing for the child in that little blue trailer eh? (rent is 340 a month).
KAT

[pickupsticks]

This is a cynical world we live in. I can't believe it KAT.

[stepmom]

This just infuriates me.  So far my husbands ex has filed a modification 3 times so far this year and has yet to appear.  But because of the courts backlogged calendar you usually have to wait a month or more for the actual date to be set.  I don't see how that is fair to make the support increase due to the time she filed instead of the date it was increased.  Why should they have to pay because of the courts calendars?  I would love to see some changes on that.  The other thing is they keep letting them file even after failing to appear 3 times in a few months and her exuse is she is currently unemployed right now.  Well then go get a job and help support your daughter.  She just lives off other people & refuses to work.  Something needs to change on that as well.