Another Story and Invitation to Comment

General chat area for anything that doesn't fit in elsewhere.

Moderators: family_man, LindaJM

sorcerer2020
Posts: 2
Joined: Tue May 05, 2015 2:27 pm

Another Story and Invitation to Comment

Postby sorcerer2020 » Tue May 05, 2015 11:28 pm

My son has two children who live with their mother full time. He was ordered to pay a monthly amount for child support and alimony - this is California. He paid that for some time.

Later he lost his job and was out of work for three years. He also lost his home and car. He finally landed a part time minimum wage job loading trucks for a parcel carrier at minimum wage.

CPS found him and garnished his wages. At first they took 75-85% of his net payroll and then agreed to adjust that after about 3 months to 50%. Then they attacked his bank account where he was depositing his net payroll after garnishment. He generally had about $50 per week left over for food and transportation to work. They drew $125 of the $150 he had and told him it was for "government fees" related to checking his banking account. He was told he was in arrears for the time he had not paid during the period he was unemployed and homeless. He was told he owes $40,000.

Without money for transportation he cannot get to work and doesn't see why he should work when he cannot net enough to live on. It would appear that after explaining this to CPS, they do not sympathize.

The two children are 15 and one just turned 18. The mother is employed full time, remarried, and the husband owns a company.

It would appear that the only way to manage this situation from a living standpoint is to take paper payroll checks and live on a cash-only basis.

Any comments or suggestions would be appreciated.

*Lady Liberty
Posts: 169
Joined: Fri Jul 10, 2015 4:53 pm

Re: Another Story and Invitation to Comment

Postby *Lady Liberty » Sun Aug 02, 2015 9:29 am

Child support, and CPS are two different agencies. This site is for CPS.

But I think its silly that you would try and ask a question that would get this man around his responsibilities (ie. working for cash). He produced two children. He is responsible for them, regardless of how much the other parent makes. They choose the amount of responsibility based on his income. He can talk with them and go to court to have this amount changed due to his circumstances.

User avatar
family_man
Posts: 1138
Joined: Wed Jan 13, 2010 8:02 am
Location: TX

Re: Another Story and Invitation to Comment

Postby family_man » Sun Aug 02, 2015 6:54 pm

I believe child support is based on the amount of income that was declared in the prior year's federal income tax.
Disclaimer: I am not an attorney, and this is not legal advice.

User avatar
LindaJM
Posts: 3171
Joined: Mon Aug 02, 2004 7:16 pm
Location: Northern California
Contact:

Re: Another Story and Invitation to Comment

Postby LindaJM » Tue Aug 04, 2015 11:31 am

Yes, he needs to go back to court to get this cleared up. If he can't afford to work he can start his own business... start small, and build it up. He should not refuse to pay, however. Those are his children and it should be something he wants to do, not something forced on him. If the mother receives money she doesn't need, she'll probably want to pass it on to the children.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...


Return to “Round Table”

Who is online

Users browsing this forum: No registered users and 13 guests