Conference quokka::non_custodial_parents

258.0. "DOR-wage attachment-return intercept" by MKOTS1::CORMIER_S () Thu Apr 01 1993 12:25

    We need help...I'll try to explain this as clearly as possible, without
    letting my feelings of rage/helplessness get too much in the way.
    
    I live with a NCP.  He has his wages garnished for the support
    payments.  We have never gotten married because it is our impression
    that if we do, my salary, which is significantly higher than his, would
    enter into the determination of his support payments.  We now have a
    19 month old son.  We would like to get married, and will when his
    daughter reaches 18, which is 3 years away.  I find it offensive that
    our actions are dictated by these outside circumstances, and affect our
    son, but that is the way it is.  Further background is that my SO never
    married the mother, she lived with him for 1 month, got pregnant,
    stayed with him until she delivered and he signed the papers and left
    to live with her mother and go on welfare.  Next thing he knew, he was
    in court.  That was 15 years ago.  He has never gotten a call from his
    daughter or her mother, doesn't have their address or phone number,
    only pays every week and goes to court every 3 or 4 years for
    adjustments.
    
    A few years ago, probably about 8 to 10, his tax returns were
    intercepted.  We weren't keeping good records at the time, and he
    was paying himself (no garnishment yet), so we never recovered the 
    money.  After that, we made sure he owed the state and feds money,
    not the other way around, so that wouldn't happen again.  Around
    6 years ago when he went to court, they mandated that he pay $60 a
    week in support (he only made around $6/hr) and pay her medical,
    which ran about $40 a week.  His employer changed medical carriers
    about 4 times in the next 2 years, he sent the information to DSS
    but never saw any activity on the medical, ie, the daughter never
    used his insurance.  We figured, correctly as it turns out, that they
    were using Medicare (caid, I never know the diff).  When his insurance
    went up to $60 a week for family coverage, he dropped his daughter
    because he genuinely couldn't afford it.  I know this was stupid, but
    we knew she wasn't using it and we really were scrapping.  That has
    been the situation for the last 3 years.
    
    This year, with interest rates and housing prices low, we moved from
    the 3 room house we were renting (our son slept in the kitchen) and
    bought a home.  When he filed this year, the state and feds owed him
    money.  We got the states check yesterday, they had taken 2 weeks 
    support out of it, which he doesn't owe.  He called DOR, and they
    gave him the list of stuff he has to do to get them to give him his
    money.  Then, from out of nowhere, his ex called him at work!  How
    she even knows where he works is beyond us, we live and work in NH
    and she/they live in Mass.  Anyway, she called to say that although
    she never used the medical insurance because she had medicaid for her
    daughter, she was now off of public assistance and needs her covered.
    At his current job, family medical is $80/week.  There is no way we
    can afford that.  With daycare, diapers, mortgage, support, we can't
    even order out a pizza.  Another problem, apparently his daughter has
    asthma, a pre-existing condition, and I don't even know if medical
    would cover that, even if we could afford it...
    
    Breath...wow, that was long, I just wanted to give background. 
    Question is, now what do we do?  Bullets coming from all directions
    and we've run out of everything.  We've never hired a lawyer to
    represent my SO in the support hearings because we've heard it's
    futile, they're going to take 30% no matter what.  Is this something
    we should contact a lawyer about?  I'm afraid we don't have much money
    for that either. 
    
    Why is it that I hear of so many NCP's paying much less than us and
    they make more than my SO?  Would a lawyer be of assistance in getting
    some reality into the formula (ie. pay - (60 + taxes) = <200).  How
    could they expect him to pay another $80/week.  Also, as stated we
    don't have her phone number, although I guess she gave him her address
    today so he can send her mail regarding the insurance stuff.  Sounds
    like she doesn't want to go back to court, just have the medical paid.
    I'm afraid if we get a lawyer and go back to court, it might even get
    worse... I'm also afraid if we send her mail trying to work this out,
    she'll then have a document to bring into court, so we'd really be
    afraid to say anything in mail anyway.  
    
    So, advice on getting money back from DOR and/or what to do with this
    latest development on the support horizon.
    
    I feel this must be incredibly muddled, sorry if that is an accurate
    assessment.
    
    Sue
    
    

    Sue,

    A couple of things for starters. 
    1) __ALWAYS__ pay child support by check, even if it is going through
       DOR.  That way you have documented proof (canceled check) that
       the support was paid.
    2) If you are not going to get a lawyer, go to the library ( public
       or university ) and look up the laws in the jurisdiction of the
       divorce on child support (ask the librarian of the Reference Section
       for help).  Nearly every state is different, but most I am familiar 
       with will take the cost of medical insurance into account.
    3) This has been discussed previously in this Note file, but your
       salary _should not_ count when figuring child support.  However,
       judges _may_ decide that he can pay more because you are helping
       cover some of is expenses. 
    4) Document, document, document _everything_ you do in relation to the 
       ex and child.  Keep a log/journal of who, when, where, what, why etc.  
       Journal's and logs are admissable evidence in most states.
    
    fred();

	The $80/week you quoted for dependent medical can be deducted
from the support.  i.e. it isn't 30% + the medical.  (at least thats
what happened to me).