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Dee78
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How soon after nonpayment do you call CSE?
      #179890 - 12/23/06 09:12 PM

Do you call as soon as a payment is missed? Or do you wait until it is 30 days late?

Ex hasn't paid November or December's payment. The payments are due on the 15th of every month so he is 40 days late.

Should I start the contempt process now? I waited 4 months to start it the last time, it took another 2 months before they filed the paperwork, then we had 2 court dates where he couldn't be served. It was 21 months without a single payment before she finally convinced him to pay by suspending a 10 day jail sentence above his head. That has now been lifted, he has made 2 out of 4 payments.

BTW, he told me that he would make a double payment this month to help with Christmas but he didn't. It would have been nice but I wasn't counting on it. At least he is talking about it, last time he didn't pay he also didn't say anything about it. I don't know which is worse, making promises and not following through or just not paying.


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AnneB
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Re: How soon after nonpayment do you call CSE? [Re: Dee78]
      #179891 - 12/23/06 09:22 PM

I would file now. When two payments became past due and he made no effort, his chances were up, IMO. Even if he couldn't pay all of it, he should have made some effort to pay some of it. The November payment is already 30 days past due so it isn't like you are calling them immediately.

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almostheaven
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I'd call yesterday... [Re: Dee78]
      #179893 - 12/23/06 09:26 PM

He's already been given a chance, and he's blown it...again. I'd have called on Nov. 16th.

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Char Fox


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Dee78
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Re: I'd call yesterday... [Re: almostheaven]
      #179894 - 12/23/06 09:48 PM

That's what my dad said, I should have called when I hadn't received it on the day it was due. I know that they won't do anything until it is 30 days late and he had promised to pay so that's why I didn't call. I'll set up a reminder to call them on Tuesday because I keep forgetting.

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Gecko
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Re: How soon after nonpayment do you call CSE? [Re: Dee78]
      #179902 - 12/23/06 10:35 PM

Under "normal" circumstances...November wouldn't be considered past due until December 31st, but since these payments are part of a contempt proceedings and he has failed to cough up the cash as agreed...file on his ass ASAP!

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If you air your dirty linen in public, expect people to comment on the skid marks!


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cincsu
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Re: How soon after nonpayment do you call CSE? [Re: Dee78]
      #179924 - 12/24/06 12:45 AM

i think you should file. DH is ordered to pay monthly. if the process runs at the end of the month, and his check isn't there it is considered late. it bugs me a bit since they garnish his wages, but whatever.

now that he has a job can you not have his wages garnished? i swear even on the paying side it makes it easier. it's one less thing to have to choose to pay when money is tight. it just doesn't even come in.

the only time garnishment bothers me is when they run the debt/income ratio (i dont' think it should be included in that since when a married couple has a child it doesn't apply. it also bothers me that it goes against his credit report when it is garnished, and sometimes they take up to 18 days to enter the payment in the system)

i'd file for contempt now. he should have been considered past due for Nov as of Dec 1.

--------------------
wife of 1, mother of 2, stepmother of .3475902453


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Dee78
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Re: How soon after nonpayment do you call CSE? [Re: cincsu]
      #179932 - 12/24/06 05:55 AM

Well it is no longer a part of the contempt proceedings. He was ordered to pay every payment for 6 months and he did (sort of), they basically set him free. So the whole process will start over again.

They can't garnish his wages because he is still self employed, technically. Basically they (those in the trucking industry) know how to work the system. He is considered an owner operator, he has a company he works with but they don't actually pay him as an employee, he is a contracted driver. So no garnishment can be issued. He doesn't have a checking account, they pay everything with cash or money order. They don't own anything, they have vehicles that they pay on but I'd say those are in his wife's name.

Basically there is no way to enforce the court order without going through months/years of court dates to make him pay. I would hope that the judge won't let him get by with it again but who really knows? We see it all the time on here. It just sucks.

I'm going to mention it to him today, ask that he send it in on Friday or I will start the contempt process again.


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Runswithscissors
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Re: How soon after nonpayment do you call CSE? [Re: Dee78]
      #180019 - 12/24/06 08:18 PM

Have you talked to him?? what did he say?

I was going to say talk to him, give him a deadline and file.... but after reading... you mentioned that.


BTW- how is your Step Mom?


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Dee78
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Re: How soon after nonpayment do you call CSE? [Re: Runswithscissors]
      #180204 - 12/26/06 11:01 AM

Thanks for asking. She is about the same, still in ICU. They can't get her BP stablized enough to move her out. She's still out of it most of the time and has made some confusing comments.

I am back home because I have to work tomorrow but I will be back down there this weekend.


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