ok this is a little strange. my husband's ex wife pays child support every 2 weeks 100.00. well now she has gotten a second job and for some reason they are takin support payments out of both checks. I know that is not allowed by law but we have called the department and they say that it has been deducted from her overdue child support and that we should cash it a keep it because it was taken from the total. now she says that she is not behind and that we need to cash it and write her a check for the additional payment. if it is taken off her over due amount wouldnt that be cheating the kids out of money they are rightfully owed?I have have talked to this department twice now and both times we were assured that she is behind and we should keep the money. I just don't know what to do, she is being very hatefull about it all.
2006-07-14 05:45:58 · 29 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I just wanted to tank you all for the advice i think i will put it in savings just in case as nearly everyone suggested. thank you i feel better about this and with six kids and little bit of stree relieved is a good thing. thank you!!!
2006-07-14 06:01:25 · update #1
We are in a similar situation so I can give you some good advice on this one (it's what our attorney adviced us to do). Get it in writing from the department that it's okay to cash it and then cash it. I am sorry you have to go through this sitch, it's no fun and if you need to b*tch I am here for you! Feel free to contact me. STLSapphireGirl@gmail.com
2006-07-14 05:48:39 · answer #1 · answered by Mel in STL 1 · 5⤊ 2⤋
She should enlist a lawyer that specializes in Marital law or Child Support. If the woman is not behind in child support the state has no right to remove any additional money. You should sign in front of a notary that this woman is not behind in any child support. She should then take this letter to her employer. The employer needs a order from the state to without child support payments directly from the wages. See Wage and Garnishment law. This requires the process of the court system. She should have on this document the name and court address of the judge that issued the order. She can go to court and file what is called An Appearance. In this appearance she can have you testify that she is no longer behind in the payments of child support and this can be leaglly documented and stopped. If you do not have an attorney some states offer help with these types of family problems.
If you are not sure how to proceed with a legal action against the state or a review of your situation then you whould hire an attorney this is a very complex piece of law, and may require many steps I did not include here.
2006-07-14 12:57:31 · answer #2 · answered by thebulktiny 3 · 0⤊ 0⤋
First, I would politely tell your husband's ex-wife that if she has a problem she needs to contact the Child Support Office or Department. Never, never, never write checks back and forth for anything with out it going through the department. If it goes through the department they have record of it. If not and something happens, you'll be in another problem. It is her responsibility to contact the child support office if she thinks they're taking too much money out. You do need to keep tabs on how far behind she is and how much is being taken out of the check every week. But if the department says she's behind they will continue to take that money out until everything is paid up.
Good luck!
2006-07-14 12:52:12 · answer #3 · answered by lifesavin808 2 · 0⤊ 0⤋
If the department says that she is behind in payments, then she needs to take it up with the child support department. You are following the department's order and until the order is changed, you should keep the money. If you want, put the extra money in a bank account and save it until things are straightened out. If it is what the department says is right, then you have a rainy day fund started. Good Luck!
2006-07-14 12:52:24 · answer #4 · answered by icemountian8 3 · 0⤊ 0⤋
I would have my husband contact someone and just check and see if she was behind, then from there I would take a look at the kids and see if they are in need of anything, but if you and him are worried about having to repay this money in case there is an error on the departments behalf then I would bank it and wait and see, The ex has to take up her problems with the department that governs child support. Good luck.
2006-07-14 12:56:23 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I would stick w/ what the department says. I'm sure their records are more accurate than what she says she may or may not owe. Especially if you have spoken w/ the department twice. However you may also be able to contact your states capital and see what they have on their records. And even if she were ahead of payment why wouldn't she want her own kids to have a little extra money? Is she a little on the greedy side or can she just not afford to have a little more go to the support?
2006-07-14 12:54:31 · answer #6 · answered by meb2fine 3 · 0⤊ 0⤋
Take the extra money and put it away in a savings account for now. Tell her if she wants that money then she need to go through the proper channels legally. That way if it turns out she is right and you have to give it back you have the money on hand, but if it turns out she did owe that money then eventually you can use that money for the kids.
2006-07-14 12:49:54 · answer #7 · answered by rkrell 7 · 0⤊ 0⤋
Well have her come in with you or do a three way phone call with her. If it's not your money then by all means give it back! But if is truly back support then it belongs to the kids!
If she is being a pooh butt then have her get a letter from the Gov't stating that you are to give it back. But hold on to the cash is a special account if you don't really need the money.
2006-07-14 12:57:16 · answer #8 · answered by Papa 2 · 0⤊ 0⤋
One option could be putting the extra money in a savings account for the children with your name also on it. If you have to pay it back you will have it, plus you can keep the interest. If you dont owe it back it would then become a good start in savings for the children later, like for college or car.
2006-07-14 12:53:24 · answer #9 · answered by L 2 · 0⤊ 0⤋
she should be able to afford that, and NO it shouldn't go back to her! sorry, ur husband has custody of the kids, and yeah they deserve to be supported by the absent parent! it takes a lot to support children, so go out and buy them something they need with the extra money for them! child support enforcement keeps up with this, and you've already done more than most people in the same situation would do...u called them 2 times, so don't feel bad about this anymore!!!!!
2006-07-14 12:52:05 · answer #10 · answered by Anonymous · 0⤊ 0⤋
My suggestion would be to keep the money. If she really thinks that she is behind in support then she will take it to court and fight it. Then if it is proved that she isn't behind and she doesn't owe you the money then give it back to her at that time. Just put it in a savings account and save it just in case.
2006-07-14 12:49:49 · answer #11 · answered by sweetdreamin96 4 · 0⤊ 0⤋