When is support due

[cinb85]

If BM closed her case with DCSE a couple of months back, then there doesn't seem to be a court order for you to pay child support?  

Am I misunderstanding?

[jilly]

It was closed by DCSE but re-opened as private pay to pay her directly.

[Jade]

>If BM closed her case with DCSE a couple of months back, then
>there doesn't seem to be a court order for you to pay child
>support?  
>
>Am I misunderstanding?
>

There's a court order.  The bm just stopped it from getting garnished from the ncp's wages.  He has to pay her directly.

[jilly]

So true Kitty!

Four years ago DH got laid off his job. At the same time he lost his job we found out I was pregnant with our DD.  I was working and trying to pay all the bills.  DH was collecting unemployment, which was wayyyy less than what he had been making.  He was still paying (or at least attempting to pay) the court ordered amount of CS to his Ex even though his income had changed.  He was paying every month but it wasn't the full amount every month.  At that time, he wrote checks to the Ex for CS.

The Ex got pissy about him being in arrears and had her attorney send him a nasty letter.  He got smart and filed for a modification.  The MINUTE she got served with the notice that he was filing for a CS modification she realized she'd shot herself in the foot and called him up saying "We don't have to settle this through court."  She tried her BEST to keep him from going back to court because she knew he'd get the modification and she'd end up getting less than what she'd been getting. She even had the nerve to tell DH that her attorney sent him the letter on his own...she didn't know anything about it.  Can you say BS?  Like DH told her, how the heck would your attoney know he was in arrears without her telling him?  Dumba$$ $#%(*.

DH did get the modification and it's taken out of his paycheck every week.  The money goes directly to the State and then they send her a check.  Problem solved.

A few years back we had some bad ice storms and lots of businesses and government offices were closed.  Due to the weather, the State was late in getting checks out.  Ex calls DH trying to get the money out of him.  He told her "Not my problem.  It's already come out of my check and sent in to the State.  Call them to complain about it."   She tried to make him believe she called the State and they told her to see if he'd write her a check.  Yeah...right!  LOL

[gemini3]

That's correct - there was, and always has been, a court order for CS.  DCSE was responsible for collecting from NCP and distributing to the CP, but CP closed the case with them so that NCP has to pay her directly.  

Not exactly sure why she did that, except that she somehow thought it would get in the way of getting the modification.  Now it's just another avenue for harrassment.

[Mamacass]

BM decided several years back that she wasn't getting enough money.  She told DH that she knew he was making more money so she was going to get more money.  

Long story short, after getting it recalculated through DCSE then again through the courts, and both BM and DH having to get attorneys....  BM goes from getting $80/wk for CS and also having DH pay the $80 daycare bill to Dh paying BM $98/wk and BM paying the daycare bill.  In the end she lost $62/wk b/c she opened her big mouth.  DH didn't realize that he didn't have to pay the daycare, until his attorney told him that the child supprot was calculated to include BM paying for day care.

I always look at it as, what goes around comes around.  BM has been a perfect example of that.  

Anyways, if the court order doesn't designate a date, the courts can't punish you.  The order states that you pay $X each month, and you do pay$X each month.  You can't be in violation of not paying by a certain date that has never been designated.  If she goes to court the only thing they can really do is make the order more specific to designate the date the money should be paid each month.  I can't see that her going to court is really going to do much but make her look really petty.  

[cinb85]

We can't do that in NJ.  It has to go through the probation department.  If there is a court-ordered cs payment, then it has to go through them.

[Kitty C.]

.........why are you always looking for all the negatives in a situation?  Yes, DH was behind, but by ONLY a couple months ($800, not thousands).  He'd been laid off from one position and was working at another much lower paying job, then just got hired to the position he currently has.  He even talked to her about it and she 'appeared' to agree to work it out (he would pay extra every month to catch up).  Then she filed with CSRU, just another one of her tactics to 'get back at him'.

And she certainly wasn't on a tight budget, since her and her husband worked at the same facility and had just purchased a new VCR and video game station for 5 y.o. SS (6 mos. before his birthday) with a baby on the way.  They were spending money like it grew on trees.

My post was 'actually' about how stupid some BM's can be, to the point that the BS they create comes back to shoot them in the foot.  I've always loved great karma.  So before you make judgement calls about a personal situation, you should have a thorough knowledge about it first.  And try looking at the positive side of a situation once in a while.  Then maybe you wouldn't appear so abrasive to others......

[gemini3]

Jade is appearing to have quite the chip on her shoulder about financial matters and step-moms.  Sorry Jade, but I call it like I see it.  I've seen you treat people pretty harshly on here.  There's really no need for it.

[dipper]

I thought most orders actually say to be paid directly to CP, or through the court, or through DCSE.  If it says through DCSE I would go talk to the court clerk.

My original order says to me...but, I applied to DCSE after my ex stopped paying.  If my ex sends it to me instead of DCSE, it would be a gift and not CS, regardless of even what I said.  

Also, I would much rather go through DCSE because you dont have to deal directly with the other person when it is late......as you stated, harrassment.  

Back to your original question, the order states when the CS is due...usually on or before a certain date each month.  A day or two is not going to upset a judge, but the key for someone depending on it is just consistency.

I totally agree that money should not be passed in front of the children....