hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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I have mentioned my situation before, but not sure how to indicate "late" child support payments...
Aug - paid 2/3 amount due
Sept - Paid 2/3 amount due
Oct - Paid 1/3 amount due
Nov - Paid 2/3 amount due
Is he 4 months late since each of those months were not paid the full amount? Or his he not even 2 months late because the amount just add together?
Does this distinction matter when going to court for contempt of payment?
Hope that makes sense!
Thanks!
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DedicatedDad
veteran
Reged: 09/05/04
Posts: 1318
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The distinction won't matter in court.
The court probably will only tell him to catch up, set up a CS readjustment hearing (or give paperwork to both of you to fill out) if your incomes or time with the child(ren) has changed, and perhaps set up automatic payments from his paycheck.
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Avaya
Carpal \'Tunnel
Reged: 02/09/06
Posts: 9823
Loc: Arkansas
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I think a court would say he's not late at all. I'd be surprised if you can get a court date with only 4 months of partial payments since payments ARE being made.
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Eternity is too long to be wrong.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30372
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Have you reported to the court that the child care expenses are no longer needed?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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Avaya - maybe "late" isn't the right term? But he is not following his court ordered amount, is there another way I should be referring to it, or a different way I should be going about this?
No gr8Dad I have not reported to the court that child care expenses are no longer needed, as that is not the case.
I have not done anything in court yet...still trying to work with him actually, but he is no longer discussing it with me, and instead is discussing things with our 10 year old and making him uncomfortable, so I am thinking I will need to address this in court if he isn't willing to communicate a plan with me and of course he can't be bothered with taking it to court for a review.
Rest assured, I want nothing more than what is due our child. If we do go to court, I will be totally honest about all costs/expenses involved. If a lower amount is ordered then it is right...he just does not get to make that decision himself.
thanks!
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30372
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"No gr8Dad I have not reported to the court that child care expenses are no longer needed, as that is not the case."
Then why did you say in earlier posts that child care expenses were no longer needed?
Edited to add: You wrote, "My question is - our son no longer goes to traditional childcare as he is 10 years old" As the parent USING the child care, it IS your responsibility to report when it is no longer being used.
Edited by gr8Dad (11/21/11 02:37 PM)
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hurryupwait
newbie
Reged: 09/23/11
Posts: 31
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[quote]"No gr8Dad I have not reported to the court that child care expenses are no longer needed, as that is not the case."
Then why did you say in earlier posts that child care expenses were no longer needed?
Edited to add: You wrote, "My question is - our son no longer goes to traditional childcare as he is 10 years old" As the parent USING the child care, it IS your responsibility to report when it is no longer being used. [/quote]
I did not say daycare is no longer needed, I said he no longer goes to a traditional daycare center, like the one my 5 year old goes to. Rather afterschool camps...
Are reviews required, I had never heard that...
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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Seems to me he would be behind 2/3 by the END of THIS month, if he pays NO more this month. He isn't even a full month behind and we aren't even at the very end of the month.
Courts go by the amount he is behind at the present date, not that he is only making partial payments. Not even a month behind, I don't see a court entertaining a contempt of CS payment at this juncture.
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gr8Dad
Carpal \'Tunnel
Reged: 06/07/04
Posts: 30372
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So lets stop beating around the bush. When he was ONE YEAR OLD, he atteneded a certain kind of child care. He is now TEN YEARS OLD, so he goes to school and he then goes WHERE?
And when he GOES to that after school place, what is the COST, in comparison to the cost when he was spending the entire DAY at a daycare?
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Why give a "senior" discount, they have had plenty of time to raise the money...
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Goodmom
Pooh-Bah
Reged: 06/17/07
Posts: 2019
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[quote]And when he GOES to that after school place, what is the COST, in comparison to the cost when he was spending the entire DAY at a daycare? [/quote]
That is irrelevant. What IS relevant is what the court order says. And he's not paying the full amount of court ordered support. He's in contempt.
If I were OP, I would be sending certified letters reiterating what the court order states about child support. And if that fails to get the full amount paid, then I would be filing contempt charges and requesting wage garnishment.
If the father isn't happy with the amount of the child support, then the father needs to go through the proper channels to get it adjusted.
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