jaiye
old hand
Reged: 10/27/05
Posts: 860
|
|
I have a question. If a person who is ordered to pay SS but they leave the country and stop paying it how much would CSE do to collect it if anything. The support is paid through CSE. SO is currently paying his X and the order is for permanent support unless she remarries. The support was calculated with him working 50 hours a week even though he rarely gets overtime. He also got all of the debt. He has to continuously use credit cards to pay his way because most of his income goes to pay his support obligation and the CC debt and there isn't enough money left over to support himself. If it was for the fact that I live with him and pay many of the household bills he would have been forced out of his home and would be having to file for bankruptcy.
His company has offered him a position at another company owned shop in England. Since it is a separately owned company his support order and garnishment could not follow him. The question is would CSE take the same collection procedures as they do for CS? Things such as taking his drivers license and revoking his passport? Also if you are living and working out of the country would a US citizen have to pay taxes here if they aren't living here? Does England support US SS orders? Would they assist in collections like they do CS orders.
Basically SO wants to know if he could move to England and just disappear as far as the SS order goes.
|
Maury
Carpal \'Tunnel
Reged: 06/02/04
Posts: 8146
Loc: This Asylum --->
|
|
To be clear, you are asking for advice regarding whether a person can avoid a court ordered obligation by acting in contempt of a court order, moving to another country and hoping it does not catch up with them?
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30214
|
|
...a person can escape an OBVIOUSLY fraudulent spousal support amount by leaving the country in which the family courts can screw a guy over in such a disasterous way.
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
Yes, Americans abroad pay both federal taxes and states taxes (it is called "presumption of domicile")..
You can find out more at:
http://www.kpmg.com/SiteCollectionDocuments/US-taxation-americans-abroad.pdf
As long as the state has his income information through his tax return; they can request that the overseas employer voluntarily continue the garnishments. Corporation that do any kind of business in the US and wish to continue to do business in the US usually are happy to comply.
Not to say that people do not avoid successfully avoid their support obligation for decades.
But they don't do themselves any favors. At some point, it will catch up with him. If the support award is inappropriate; the proper course of action is to have it modified through the courts.
--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato
|
Yes_Dad
Carpal \'Tunnel
Reged: 08/23/08
Posts: 7406
|
|
I've never has to use CSE. Do they go after alimony too?
|
jaiye
old hand
Reged: 10/27/05
Posts: 860
|
|
Yes gr8Dad. You are correct that is what I am asking. Where we live is a small town and when you get a judge unless he dies or resigns or is voted out that is the judge who will always handle your case. Many times during SO's trial the judge proved his prejudice. It was proven over and over again that his X was lying and evidence was brought out during court to no avail. To top it all off the judge that was assigned his case was not even a family law judge he is a probate judge.
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
In most states, CSE can garnish alimony **IF** there is also a standing order to garnish child support...
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30214
|
|
...failure to pay child support can be dealt with in a criminal manner, while alimony is a civil issue. You don't go to jail for failing to pay alimony.
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
PhoenixRising
Carpal \'Tunnel
Reged: 01/05/07
Posts: 3681
Loc: New York
|
|
"An example of such civil contempt punishment is a judge’s
ruling that a defendant shall be incarcerated until he brings current
his support arrearage. If the defendant brings his arrearage
current, he may be released. In this situation, the defendant has
an opportunity to purge himself of the civil contempt."
http://www.vsb.org/docs/valawyermagazine/feb01thornton.pdf
--------------------
Be kind, for everyone you meet is fighting a hard battle. --Plato
|
gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30214
|
|
...and I never said you couldn't be jailed for child support.
Alimony is a DEBT, and since the eradication of debtors prison, one cannot be jailed for a failure to pay a debt.
--------------------
Why give a "senior" discount, they have had plenty of time to raise the money...
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
