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#192965 - 02/08/07 04:06 PM DFAS and Child Support
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
Okay - I live in KS and have asked for Child Support to go through CSE. He is a federal employee. How long does it really take to get Child Support rolling through DFAS? The big D was final Janaury 17th. The order was sent to DFAS January 22nd by certified mail.

He makes me beg for CS right now and makes me feel guilty for taking it. It really s*cks. He's also the one who quit paying because his lawyer said he didn't have to. (Legally true - morally reprehesible.)

Also posted on the Military board, but this one is more active.

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#192966 - 02/08/07 04:26 PM Re: DFAS and Child Support [Re: 1004SRS]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
DFAS takes it's sweet time like any other government agency.
_________________________
13.1...because I am only half crazy!

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#192967 - 02/08/07 04:52 PM I don't understand... [Re: 1004SRS]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
If DFAS is going to collect CS then he DOES legally HAVE TO. If you posted on the Military board, can I assume he's military? They will eat him alive if he doesn't support his kids.
_________________________
Char Fox

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#192968 - 02/08/07 05:14 PM Re: I don't understand... [Re: almostheaven]
jil_stevens Offline
Carpal \'Tunnel

Registered: 08/01/06
Posts: 3893
Actually, it is rather quick. I filed papers for a DFAS garnishment on the tenth of the month, and received my first garnishment check on the first. Since you filed later in the month, I would imagine that March 1 you would get your first payment.

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#192969 - 02/08/07 05:29 PM Re: I don't understand... [Re: jil_stevens]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
He is civilian. I made the mistake of not asking for Temporary Support when I filed in August. Bummer for the kiddos. Every so often he'd begrudgingly fork over a check for 1/2 of what the CS would actually be after I'd make a fuss. Legally, he wasn't required to. My mistake.

The Divorce was final in January. He was C.O. to start paying CS as of December 1st. He has paid me but again only after I make a fuss. He says he likes me to have to ask him for it. He hasn't given me anything for February stating that he'd rather wait for the garnishment.

He's mad about the garnishment. He really wanted to pay me directly. Honestly, it is a lot of money.

If he had been helping me with the kiddos all along instead of him living on his salary and me suporting our kiddos we wouldn't be divorced. Also, he wouldn't be balking over the price of a winter coat or tennis shoes or prune juice for the chronically constipated baby.

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#192970 - 02/08/07 05:31 PM Re: I don't understand... [Re: 1004SRS]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
I wouldn't have gone with DFAS right away. Instead, I'd have not "made a fuss about it". Waited to see if he'd pay. If he didn't pay within 30 days, I'd have filed contempt on him. THEN let him see how often he'd wait for you to ask in the future.
_________________________
Char Fox

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#192971 - 02/08/07 05:32 PM Re: I don't understand... [Re: 1004SRS]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Tell him waiting on the garnishment is fine, HOWEVER, by then he will be in arrears and will owe interest ON TOP of the CS. So DFAS will likely garnish MORE than the CS amount until he is caught up and then if they don't make a mistake, which they do more often than not, take it back down to the current CS amount. If they DO make a mistake, they'll continue taking more and he'll have a hell of a time getting it fixed and getting his overpayment back. Let him in on his stupidity.
_________________________
Char Fox

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#192972 - 02/08/07 05:36 PM Re: I don't understand... [Re: almostheaven]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
The reason we went straight to DFAS is that he truly enjoys the casinos. Not fair to our kiddos if he stiffs them.

I'm talking serious gambling....

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#192973 - 02/08/07 06:17 PM Re: DFAS and Child Support [Re: 1004SRS]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
While it is certainly true that he had no legal obligation to pay CS until after the final decree was issued since there was no temporary order, he should be paying now.

And even though you have requested CSE to assist you in the collection of CS, you can still file contempt on anything that is NOT paid in the interm, but you will have to wait until he is at least thirty days past due.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#192974 - 02/08/07 06:53 PM From the other side... [Re: 1004SRS]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
...if he is EXEPECTING a garnishmet in February, not giving you the money makes sense, as they would garnish his February check, and he would have paid twice, and getting money back from CSE is like pulling teeth.

NOT defending his actions in the past, but if CSE told you or he that garnishment would start in Feb., he would be smart to wait until it starts.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#192975 - 02/08/07 06:58 PM Re: From the other side... [Re: gr8Dad]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
We haven't been told a thing. He tried convincing me the garnishment would start in Janaury. Impossible if you look at the timing of things.

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#192976 - 02/08/07 11:33 PM Re: From the other side... [Re: gr8Dad]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
It's REAL simple...you get your paycheck...if NO money has been withheld, YOU PAY THE APPROPRIATE AMOUNT OF CS TO THE STATE! Then when you get your next paycheck...ya do the SAME DAMN THING!
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#192977 - 02/09/07 12:07 AM Oh, I agree... [Re: Gecko]
gr8Dad Offline
Carpal \'Tunnel

Registered: 06/07/04
Posts: 31800
...he should be paying it, and if it ISN'T coming out of his check, he should send her the money, 100%.

I was under the impression, from her posts, that there was already a withholding order, and it was expected to start in February, which would be a reason to NOT pay her directly in February, until the first check came, and it wan't taken out.

It IS only Feb 8th, and I will not recieve MY first Feb. paycheck until tomorrow, so it is feasible that he does not know it isn't being withheld. And, like I said, it does NOT excuse PAST behavior.
_________________________
Why give a "senior" discount, they have had plenty of time to raise the money...

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#192978 - 02/09/07 11:14 AM Re: From the other side... [Re: gr8Dad]
tsl Offline
Pooh-Bah

Registered: 06/24/04
Posts: 2274
In my state (Indiana) there is a time frame spelled out by law. After the employer received the order of garnishment the employer has like 3 weeks to start holding the support money and sending them in. If the employer fails to do so they can be held liable and pay fines and such.

Until the garnishment order is in effect (actually they call it a wage-withholding order when child support is concerned) he is still legally responsible to pay support personally himself.
_________________________
Duct tape can't fix stupid but it can keep them out of the way."

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#192979 - 02/09/07 02:35 PM Re: Oh, I agree... [Re: gr8Dad]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
IF there is a wage withholding and the hold up is on DFAS, I don't blame him for not paying CS twice. DFAS can be held up with BS red tape, why should he pay twice?

I would not trust my ex to return an overpayment, and no court would make him repay it to me either.
_________________________
13.1...because I am only half crazy!

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#192980 - 02/09/07 02:56 PM Re: Oh, I agree... [Re: Miranda]
almostheaven Offline
Carpal \'Tunnel

Registered: 07/14/04
Posts: 10468
Loc: West Virginia
Yet I still don't understand this reasoning under THESE conditions. He gets his check, there's no garnishment yet, he pays. But in his own words, he wants her to ask him for it, so he doesn't pay it. He's playing games. And the interest they're going to withhold on top of it may make his games come back to bite him and he'll deserve it.
_________________________
Char Fox

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#192981 - 02/09/07 04:15 PM Re: Oh, I agree... [Re: almostheaven]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
Actually, I can be trusted to return overpayment. We discussed it.

It is more of a control issue on his side, I do believe. Almost Heaven has it right. He knows if the garnishment is taken out or not. If it isn't, then you pay. Simple.

He was very very verbally and mentally abusive to me and our kiddos. This is his way to keep it up.

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#192982 - 02/09/07 05:05 PM Re: Oh, I agree... [Re: Miranda]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
IF there is a wage withholding and the hold up is on DFAS, I don't blame him for not paying CS twice. DFAS can be held up with BS red tape, why should he pay twice?

---> How could he possibly pay twice? You get your paycheck...if CS has been withheld, you do NOT have to do anything...if CS had NOT been withheld, you send in a payment. It's NOT rocket science!
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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#192983 - 02/09/07 05:21 PM Re: Oh, I agree... [Re: 1004SRS]
Miranda Offline
Carpal \'Tunnel

Registered: 06/03/05
Posts: 20822
Loc: North of Mexico
[quote]Actually, I can be trusted to return overpayment. We discussed it.

[/quote]

ha ha ha ha knee slapper...I would not trust my ex and I sure as hell would not trust my husband's ex to do the right thing. If that kind of trust post divorce is a rarity.
_________________________
13.1...because I am only half crazy!

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#192984 - 02/09/07 05:50 PM Re: Oh, I agree... [Re: Miranda]
1004SRS Offline
Carpal \'Tunnel

Registered: 12/11/06
Posts: 5044
We filed income taxes together since we were still married on December 31st. We also work together. I see him almost daily. I gave him my couch so he would have one for the rec room at his house. He helped move me to my new house. We get along much better now than we ever did. Weird, yes.

My only question was how long does it take for DFAS to do their thing....

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#192985 - 02/09/07 06:06 PM Re: Oh, I agree... [Re: 1004SRS]
Gecko Offline
Carpal \'Tunnel

Registered: 06/02/04
Posts: 20602
Loc: Third rock from the sun
I'm sorry, but ya'll can't be working that WELL together, if he makes you feel like crap for receiving CS and is NOT paying it!

Quit making excuses for him. Until the withholding comes through...which could take a couple of months...there is NOT reason why he can't pay the CS...THROUGH the state...when he gets paid...until then.
_________________________
If you air your dirty linen in public, expect people to comment on the skid marks!

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