Child Support - non compliance due to state laws/judges

[FettsBabe]

As you know, I am in the beginning stages of collecting research to write a book in regards to how the courts violate Fathers Rights.

What I am currently focusing on is problems with custody arrangements and to those who have contributed...thank you. I will be contacting you today.

Also, what I am now looking for is laws that are forcing you into non-compliance. Example, in North Carolina it is mandated by law that child support must be paid through garnishment (when possible); however, this forces the person who pays the support to constantly be in non-compliance with the orders that were written by district court judges.

People in NC gets letters stating that their tax return will be taken to pick up any due child support when they actually are in compliance per the state child support agency, but are behind per the custody order.

For example, an employer is given 4 ways to pay...

1. once a month
2. bi-weekly
3. twice a month
4. weekly

If $400 is due on 11/1/2007 and you pay $100 each week then you are in non-compliance 3 weeks out of that month. This is the same for each way you pay. There isn't one way that would put you in full 100% compliance.

This is a violation of the legislature to override district court judges orders.

I am in the process of gathering information on cases such as this within the US. Please tell me more about your situation. If I use you in the book (by name) I will use a fictitous name if you wish or I will use your name. I will let you choose what you want to do in regards to that. I will honor your requests and will write documentation stating that.

I am trying to fix a skewed system that promotes women and leaves most men in the cold.

 

[Syrch]

interesting....

Well my g/f's experiences with this have been nothing but horrid. Her kids father will hold a job just long enough for child support to kick in then leave that company and find another job. He is never at a job for more than three months at a time thus beating the system. When he files his tax return he has (a few times) filed that he had custody of the children which then flags the IRS for my g/f's return. On just the 5yr old he is over $6k over due. My g/f now has to fly to chicago to appear in court in which he will not appear in. Yet he will not be at a listed address (meaning he will rent from someone else and never have his name on any legal binding documents) so that he can not be easily found. The only hope my g/f has of ever seeing said money is him getting pulled over. Last we heard he bought a car from someone in cash (again no trace of the transaction) and his jumping from residence to residence and from job to job.

Got any room in your book for that one?

 

[FettsBabe]

Absolutely.

I am appalled at this. This is the reason why my hubby calls about this and he gets treated like a dead-beat parent. The people who screw the system make it very hard on people who do what they are supposed to.

I am wanting to correct the system in all aspects not just one thing.

There needs to be a system where the IRS requires a custody order that shows who carries the child. My hubby carries his son on his return per the custody order. If my step-sons mother claimed the child the IRS would have to release our return and go after her even if she has collected her money already.

The IRS is very unforgiving. Your G/F needs this in her order. There needs to be standard info in that order, in every order, and in every child custody case.

There has to be a way to stop parents like this. Triggering the IRS is the first step and that could be done by your g/f before 12/31/2007. She can contact them directly and they can flag his return so hers goes through.

 

[Syrch]

yeah it sucks pretty bad.

The IRS took $7,000 out of her bank account that had $300 in it. The bank has put her in collections thus screwing her credit. But thats like a side battle to the child support case.

She has already flagged the irs for this year thankfully and hopefully she will have no problems with that. It just amazes me with the technology that is out there that they can't catch these dads in the act.

 

[FettsBabe]

There is the technology. The key is even here on Anandtech. You guys, for the most part, are brillant. Thats why I am here, well that, and I am a long-term member.

The IRS should flag his return to pay her back for last year which could help solve her bank issue.

Can you send me specifics on your g/f's case (have her PM me and I will send her my email?

 

[mugs]

"If $400 is due on 11/1/2007 and you pay $100 each week then you are in non-compliance 3 weeks out of that month. This is the same for each way you pay. There isn't one way that would put you in full 100% compliance."

Or.... October's payments could apply to the November bill, November's payments apply to the December bill, etc...

 

[FettsBabe]

Mugs - That is true, but that is not how its done.

This would also cause someone to pay in advance which is a problem when child support stops at graduation or 18 years of age. This puts the child support oligator to obtain over payment from the person who receives it (ex. small claims court).

Child support is also notorious for still collecting money after high school graduation or 18 whichever occurs later. This is theft. Most child support payers are told "collect it from the receiving party" eventhough they illegally broke the custody order and violated that persons right to collect their full paycheck. Once again the person that pays has to spend money to get their rights upheld.

 

[PrinceofWands]

Originally posted by: FettsBabe
Mugs - That is true, but that is not how its done.

This would also cause someone to pay in advance which is a problem when child support stops at graduation or 18 years of age. This puts the child support oligator to obtain over payment from the person who receives it (ex. small claims court).

Child support is also notorious for still collecting money after high school graduation or 18 whichever occurs later. This is theft. Most child support payers are told "collect it from the receiving party" eventhough they illegally broke the custody order and violated that persons right to collect their full paycheck. Once again the person that pays has to spend money to get their rights upheld.

My personal favorites are the lunacy to enforce compliance.

"You are $250 delinquent because of your brief unemployment, so we are contacting the department of licensing and revoking your drivers license."
"Ummm, if you do that how can I get two counties away to my new job to bring myself back into compliance?"
"Well it's too late now, you should have thought of that before."

Yeah...makes perfect sense...because $250 is definitely worth ruining the lives of everyone involved.

 

[FettsBabe]

Prince of Wands - Did that happen to you? Were you just $250 behind? Then they yank your license, if so, for how long?

 

[Rage187]

my dad didn't pay and they put him in county jail from 8pm-6am M-F and the whole weekends.

He said it was like staying in a motel and on the weekends they watched movies.

 

[MisterJackson]

I'm a single Dad (30) with full custody of my 10 year old son. I live in SC. I wasn't aware of that NC law, that's pretty messed up.

Feel free to PM me if you have any specific questions. I'm intimately familiar with the family court system and it's many flaws.

 

[FettsBabe]

NC is WHACK! to say the least.

I need more problems that people have seen or laws in your state that causes you to have problems when you are doing the right thing.