Family Forum / Parenting / Parenting / July 2004

You are correct.  I tried to say there is a lot of legal detail.  I was
speaking from an enforcement standpoint, rather than a collection
standpoint.  I think that was the OP's concern.  If he pays the origin
state's CS billing there will be no multi-state collection effort.  But if
he fails to pay, like he suggested he did, the Interstate CS collection laws
will apply.

I wish the news could be better BUT...if you checks were supposed to be
sent through the CS system then there is very little you can do to except
writing the DCSE and requesting a reduction. They are not required to give
you one and chances are they won't. The next alternative is to request a
court date and request the court re-evaluate the order. But because of the
law, arrearages can not be forgiven and even if the mother wants to
forgive them it is still up to the judge whether to allow this as they say
it's not her money but the childs. No matter what, plan on being served
for contempt when you appear in court unless you can make a substantial
payment. Best advice is to have the mother agree before court what your
payments could be and hope the judge will give it blessing. Sorry but not
many options are available once you are in the system because it's in
their interest to keep payments where they are at or higher since thats
how they recieve matching federal dollars. Ofcourse you can continue to
make monthly payment (whatever you can afford) and if and when a warant is
issued for you arrest and you are arrested and extradited back, you will
be able to say at least you sent SOMETHING and that might make them treat
you as harshly as someone who didn't send anything.

DLove  

====
IMPORTANT(Yes, I'm shouting): IF YOU PAY THE ARREARS DIRECTLY TO YOUR EX, YOU
WILL NOT RECEIVE CREDIT FROM CSE. As far as they are concerned, you will have
given her a gift and still owe the arrearages. DO NOT make any payment
arrangements with your ex without CSE/Court approval. Not even a notorized
statement/agreement signed by your ex will get you off the hook. Once the case
is opened with CSE everything *must* go through that office/court.
(More Below)
====

====
Who saw the condo? What do you mean by 125. is too much? If that is what was
ordered, then that is what is owed until a petition to modify is heard. The
modification will be only retroactive to the date of filing--not to when you
were out of work.
(More)
====

====
CS cannot be reduced this way. What is accumulated is owed until paid. If you
are making 47k now, that is what will be used to calculate any modification. You
cannot reduce accumulated arrears without the court's approval and the court
rarely does this. If your ex agrees to it, the court might go along. You will
have to ask. Bob W. and/or Kenneth  (regular posters to acs) might be able to
give you pointers here, but this is usually local court discretion, but is
rarely done.
Too, if you go to court, your ex will also be required to file an affidavit of
income with tax returns.

It sounds to me that your best solution is to:

1. Start paying off the arrears immediately and make your payments of 125. a
week.
2. If you go to court now, you *will* see in increase in your order based on
your current income. It will not be reduced in consideration of your past
unemployment. You should have requested a modification when you got laid off
work.
3. Find your controlling state's CS guidelines online and put in yours and your
ex's *current* income to find out how much CS the court will award if you file
for a modification now.
====
====

You are fortunate in that she wants to avoid court.  Your child
support is based upon what you and she USED to make... until such time
as a modification is filed.  Then it will be based upon what you
CURRENTLY make.  Unfortunately, it seems that child support guidelines
are slanted in such a way that they will get X% of the man's income
regardless of the woman's income.  I didn't believe that when I was
told that, but I checked it out and it seems to ring true.  Hence, get
over her now making $60K.  It's not likely to help you.

I hear that Massachusettes is absolutely the worst place for a man to
be ordered to pay support.  What do you do now?  Figure that $125 a
week is a lot better than $218 a week (same percentage of your income)
and pray the old order is never modified up.  

Your period of unemployment is not going to matter now.  Arrears
cannot be forgiven (Bradley Amendment) and a modified order takes
current income into account.  IT IS TOO LATE TO SEEK A REDUCTION which
probably wouldn't have been granted when it wasn't.

Move on.  Count your blessings that your current order is based upon a
lower income and make an attempt to pay the arrearage down.  Pay it
THROUGH CSE, not to your ex, and KEEP RECORDS.

Wrong. If the child is eating food purchased with food stamps or grant money,
living in a home under sec 8 or paid for with grant money, receiving health
care through Masshealth or the equivalent, the child is receiving benefits.

Whether or not the custodial parent receives benefits is irrelevant.  MA will
not initiate a contempt unless the child receives benefits.

This group could be a valuable resource for both noncustodial and custodial
parents.  But, blithering idiots like you have made it a joke, which is why I
rarely come here.

Brin, who makes a nice living handling and correcting support issues and
problems for noncustodial parents.