Argument about CS
Just had to vent somewhere.
My exH is supposed to pay $150 in CS every two weeks. Well, at some point I think in October he said he was going to start using his part time job to pay CS. No problem, only the part time job pays him on the first and 15th, not bi-weekly.
So CS is due October 11, Oct. 25th, Nov 8th, Nov. 22, Dec. 6th and Dec. 20th.
He would give me the money, just not on those days. Sometimes when he paid he was ahead of schedule, sometimes behind, depending on how his paycheck fell. I didn't have a problem with this, I just kept track by marking off the next due date on my calendar.
So next payment that's currently due is Jan. 3rd. So this past Saturday when I drop the kids off I ask him for CS. He says, no, he's been paying ahead of time all this time and the payment he made on Dec. 26th was for Jan. 3rd.
I told him no, he made a payment Nov. 26th - which was applied to the Dec. 6th payment, and the next payment he made was Dec. 26th, which goes to the Dec. 20th payment.
Thing is, even if I'm right, I don't know what I can do. I seem to remember that you can only sue for back CS if the NCP is a whole month behind, and with this scenario, he'll continually be a couple of weeks behind.
AUGH!!
The only other thing I can think of is filing for wage garnishment. We've had this arrangement for three years now, and we've always managed to work things out between ourselves without involving the courts. I really don't want to have to resort to that, but if I do, what would I have to do?
- amber3902's blog
- Log in or register to post comments
Comments
File to get it right out of
File to get it right out of his wages. That way you don't have to argue with him and there's a clear record of what was paid when. Stop trying to be nice, he's obviously playing games.
So if I do that, do I have to
So if I do that, do I have to hire a lawyer or is it pretty easy to do myself?
You already allow your ex to
You already allow your ex to underpay what would be standard ordered so I'm surprised he's being a jerk over this. If you have marked the calendar with each payment all year...does it reflect he paid you 26 payments (every other week of 52 weeks) regardless of when payment arrived? If not, ex is behind.
Garnishment through the CSE center is likely your best bet of making sure you get what is owed. He doesn't have to be behind for them to set up the automatic out of paycheck CS. Seriously, if he's going to be an a$$ you could remind him that perhaps it's time for a CS review. When the last time a review was looked at?
Twoviewpoints, You are
Twoviewpoints,
You are correct I am already letting him underpay. I have marked the calendar and yes, it shows he has paid every other week up to Dec. 20th. So the next payment according to my records was due Jan. 3rd.
I've been divorced since April 2011, however, he was court ordered to pay CS starting Jan. 22, 2011. So yes, it's about time for a review.
He's supposed to pay $238 every two weeks, and I've been letting him pay $150 every two weeks instead. I'm seriously thinking of telling him if he doesn't cough up this one $150 payment I'll go back to court and tell them he owes me for what he hasn't paid for the past year. Hate to be a crazy BM in this situation, but he leaves me with little choice.
Lostinthemadess, I was
Lostinthemadess, I was thinking of threatening him that I would do that, I wouldn't actually do it.
I go through the state too.
I go through the state too. It doesn't cost you a dime and it makes it so you guys never have to talk about it. It becomes a non issue and you will always get the CS in predictable time tables.
IF you go through the state
IF you go through the state for CS enforcement your ExH's part time job income will be counted towards what he is to pay for CS.
I'd go through the state and
I'd go through the state and get wages garnished. This way it's not an issue or another arguement. I wish my BF's BM did this so it would be one less thing to argue about.
Gotcha. Thanks for all the
Gotcha. Thanks for all the additional comments. It does seem like going through the state would help get rid of a lot of headache.
He's shooting himself in the foot, though. I've agreed to accept less than what the standard amount is supposed to be, if I go through the state they'll take the correct amount and not what I'm currently getting.
Some people have to learn the hard way.
Yes they do. My ex used to
Yes they do. My ex used to like to short the CS monthly and always say he would pay it next time as he was balling up the check and throwing it at me. After just a few months of that I called DCSE and a few weeks later I haven't had to say a word about it! It is very nice to not have to have that interaction.
Overworkedmom, throwing the
Overworkedmom, throwing the check at you? Ugh, what a jerk, I don't blame you for going through the state.