It has been 1-1/2 years since I have found out about the oc, and it is still hard sometimes. h does pay cs and it is really killing us. we have no contact with oc.

I need to know if anyone knows any thing about a motion and order to show cause for comtempt(support). h is paying back cs and current cs and it is coming out of his wages, and he still received this letter for him to report to court. They are already talking over a 1000.00 and I just don't know what to do. I need some advise.

The child support enforcement unit also call and states that could he settle the back cs some how. We don't have any money. We might even lose the house because we are so far behind. What do they mean settle? I thought once you owe back support you had to pay it all. I need some advise.

I am trying very hard to make our marriage work, but these threats are about to drive me crazy.

If anyone can give me some feed back I will really appreciate it.

Thanks

If the C/S is coming out of his check. Then he cant be in contempt. Call the office manager and make sure she/he is sending it in. I would try to talk to Juv. Court. C/S division and make sure they are receiving the money. And if his income has decreased 15% then you can get c/s decreased. They can get it when it increases so If his money has decreased then try that. You don't even need and attorney in my state, just get incontact w/ J/C and talk to anyone you can. I'm really sorry for the hard times you are having, but will keep you in my prayers!.
<img border="0" title="" alt="[Cool]" src="images/icons/cool.gif" /> Sunny D

Oh another thing. C/S laws are changing everywhere. So talk to them about that. They are allowing for children at home now!!! So in my state there is no need to run and file to get the support taken out. And the system is sooooo backed up now because of the changes. It might be worth to check and he may not be required to pay as much now as he did. But if the OW has an attorney you will need one also, just so you dont get messed over w/o one.
<img border="0" title="" alt="[Cool]" src="images/icons/cool.gif" /> Sunny D

First, they are NOT allowed to garnish more than %50 of his paycheck @ a time, no matter what he owes.

Also, if it is automatically being garnished, then how can he be in contempt?

Call your courts & see if there is a court facilitator. They usually help w/ stuff exactly like this for free but in some courts, it is first come first served & may have to take time off of work to do this.

Make sure your H has signed & sent in a release of info for you, then @ least you can be allowed to discuss his case w/ case workers & make phone calls & appointments for him.

You can also contact your local legal aid office. They offer free legal advise & representation for those who qualify. Also, check out your courts web site, it usually offers all the CS laws & guidelines.
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Many times, the courts/CS division send those papers & letters to you hoping to pressure you into paying the entire amount off all @ once. It is ideal so that the state is out of your hair & you avoid interests but usually if you are already paying, there is nothing they can do.

H has gotten a few letters like that and when we call, they tell us to ignore them. It all sucks, sorry about that. It will also be reported on your credit report too as a delinquent acct. Unfair indeed, but those are the 'rules'.

Ours will be on our credit report until all the arrears are paid off. (so basically forever) And it is being reported as 'over 120 days late' because the arrears is for 2 years OW was on welfare & we did not even know. It is automatically garnished from H check so it is impossible for us to be 'late' but that's how they do it!

I'm sorry, that you find yourself in this predicament & really don't know what else to say.

Start surfing the web too, you can find lots of info there. Also, most courts have law libraries that you can access to educate yourself on laws & familiarize yourself w/ other cases of the same nature.

Thanks so much ktbunch and sunnydale for the information. I am just so sick of all of this mess. H wants to find a second job to try and make ends meet, but I think that they will just garnish that check also. I feel like I am never going to get out of this mess. I pray that I will be able to keep the house, but I really don't want h name on the title anymore because the courts might put a lien on the house becase of the back support.

I am so sick of always worrying about the house and the bills that are so far behind. I don't even have money for our own children. We have other creditors trying to garnish his check, but I guess they will not be able to get anything because of the cs. I wonder sometimes will I ever love my h the way I once did before all of this mess.

Talk to you soon, and thanks again.

**** H wants to find a second job to try and make ends meet,*-***

NO NO NO NO!!!!!!!!!
That will increase his income and his cs obligation.
H tried that and when ow found out she dragged us back to court for a cs increase AND SHE GOT IT!!!!

you can file a 'quitclaim' or something like that that h gives up his right to the house & you have full ownership. Because yes, they can put a lien on the house.

Check w/ your state laws about this, things might be different in community property states.

They can also sieze any tax refund you would normally get. You can file an 'injured spouse claim' & recieve your 1/2 of the federal refund though. If you live in a community property state then you will not get any portion of the state refund.

Did your CS order include any 'hardship' or 'credit' for the kids you already have?