Hi Moms,
I just had a question, not sure if anyone else has been in this situation and if so, I would appreciate any advise, suggestions,comments.
My ex husband had child support automatically garnished from his paycheck. I called child support services a week later because I noticed there were no funds being deposited into our boys' account. Child support services told me that maybe due to the holidays things have been quite slow to catch up and there is no notification that he is unemployed. So, to wait a couple of weeks and to follow up again.
Just last night when my boys' seen their father for a dinner visit. My older son mentioned that his father has a limit on their xmas presents this year because he's not working. He hasn't been working since the end of October. I guess he never called child support services to inform them of his employment status. My son tells me that his father hasn't been working, he stays home all day, while his wife works two jobs, and that they don't see his half brother because he's dropped off to his grandparents house while their dad stays home and plays video games. Now, here's a question..what happens now? If he's unemployed ...and he's married...does it come form "their" accounts? I'm not quite sure how it works. I've tried calling child support services again..and I've been on hold for over 10 mins and unfortunately I can't stay on the phone that long when I have other work to do. Any suggestions/comments? THANKS TO ALL IN ADVANCE.
Because California is a community property state, I think you should be paid out of whatever income comes into the household. Do you have an email address for Child Support Services? It seems that rather than putting you on hold, there should also be an option for you to leave a message for them to call you back. If all else fails, write a letter and mail it to them.
Funds for your child support can only come from your ex-husbands income. If he has not filed for unemployment your should contact your case worker at DCSS to see what the court wants to do. He is responsible for the court-ordered amount until he files a new income declaration, which means his account is growing plus interest. Any tax refund he may receive will be "intercepted" for you. Unfortunately since he is not working your support may be adjusted (lowered or even eliminated) so until he handles things on his end I say let his balance grow and let him figure out how to pay is debt.
dont know about ca but here in tn the cs office can look up if he has signed up for un-employment, and garnish out of that, it can not be taken from the spouce, but do keep up with all payments or missed payments,
I don't think it can come automatically from 'their' account unless there is a court ruling. Keep track of the missed payments. If/when he files for unemployment it should be taken from that. Also if/when he does get a new job you can have the garnish reinstated from that. I would probably ask your lawyer to find out how and why he became unemployed to make sure that he didn't quit his job just to get out of the garnishment.
M.
Laws vary from state to state so this is in very general terms. His previous employer should have advised the state that he is no longer employed. Many employers do not take the time to do this. Usually the state will notice there is no money coming in and will contact the employer, and wait for the employer to respond. It all takes time. Unless things have greatly improved recently, or CA is different, the state css does not communicate with the state unemployment office. When all the paperwork does finally does catch up, the state will then attempt to collect from other means. This takes many months.
Do you have a copy of the original court order? This may give you some more information.
I wouldn't be surprised if you had to wait on hold for at least 45 minutes before being able to talk to a person at css, but you really need to talk to them to get answers. Have you tried looking for information on their website? If you can't reach them by phone, write a letter. Maybe you can contact your attorney and ask how you should proceed?
Get notebook and document everything.
I would ask your attorney about the laws in California. You might be able to find out some info if you Google child support laws in California.
If they're married then it can come from their household account. One of my friends is married and her husband's son used to live with the ex. Her income was always figured into the amount of child support that was paid monthly to the mother.
I know that in the state of CA only the income of the parent is considered when calculating child support. Basically it doesn't matter how much a new spouse makes it is based on what the parent of the child/children makes. They don't even look at the other spouse's income when figuring the child support. If arrearages are owed, the state has the authority to garnish the delinquent parent’s state and federal taxes, so if they file a joint claim they can take her refund as well. There is a form she can file with the IRS to ensure her refund is not subject to garnishment. I can't remember the form or what it's called though. If they have a joint bank account that can be garnished as well. However they have to owe a certain amount in back pay before they will do a bank levy on there account. I know from experience they can’t take her income thought which kind of sucks since they are all one household. Good luck and hang in there!!
I don't know California laws but it's generally accepted that child support is to be paid whether or not one is working. It does come out of the family income and so if the wife is working the support should still be paid. I don't know how it's collected.
If the child support was garnished out of his check the employer is to notify the State when he quits or is fired. Tell the child support services that he says he's unemployed. They can check that out.
If your phone has a speaker option you can put it on speaker and go about your work while you wait. Or make the call when you have paper work to do. I think you do need to talk with them. They may be able to answer all of your questions.
You could also call his place of employment and ask for him by name. If they say he no longer works here you'll know that much is true.
I'm not sure what you mean by child support services. And I'm not sure if you mean that his wages were garnished by court order or if he pays thru the state per the child support order. There is a difference.
I suggest that talking with an attorney could be helpful. These are questions you can ask over the phone or many attorney's will make a one time appointment to discuss the possibility of their involvement for free. Be sure to have all court papers with you when you ask.
If he draws unemployment child support services will take it out of that check. you might notify Child support to let them know he is unemployed they will check into it. Could be why he hasn't informed Child Support services. Good luck....
