Child Support Q

[SoulCakes]

My ex is now almost two grand behind on child support payments. He was really, really good about paying until January of this year, but now he's starting to forget about it. A lot. He's made two payments (both very large) since the first of the year, but he still hasn't caught up and is falling further behind. He didn't want to go automatic withholding route (which is standard in Oregon) when we first divorced, but I've got the paperwork now to enroll.

My questions: does anyone know how they'll chase back child support in Oregon? Will they garnish more than the regular monthly amount from his checks, garnish his bank account, take it all in one lump sum or gradual payments? I'm going to enroll in the automatic withholding program either way, but if they're going to try to collect giant lump sums I'll let him know so we can try to get caught up before I enroll.

And yes, I've called the case manager several times and have waited for days for her to call me back. I'm sure I'll get through eventually, but if anyone has BTDT then I'll know whether to go ahead and just fax the papers.

Thanks!

[lilyka]

I don't know how it works in oregon. My dad had to pay an extra $25 dollars a month forever.

granted I think he paid less than $150 a month for two kids.....That had to be a sucker punch for my mom even in 1977.

As for getting it set up to be witheld from his paycheck....do not hesitate. And here what works better is to go straight to the office and plop your butt down in a chair. I have tried calling. what a waste of time. So now if I need to talk to a social worker I just grab a good book and enjoy my afternoon in the waiting room. (honestly I have never waited more than 30 minutes. They are really pretty good)

[Theia]

I googled and came across this. This is the guideline they give to employers so maybe it will be helpful.

2. What is the total maximum amount that can be withheld from the employee's disposable income?

In Oregon, the maximum withholding limit is 50% of the employee's disposable income for cases where current support is included. If the withholding is for past due child support only, then the employee must be left with federal minimum wage for the pay period and still not exceed 50% withholding of disposable income (see Withholding Worksheet for Past Due Support (CSF 01 0165)).

http://dcs.state.or.us/employers/inc...ing/faqs.htm#2

It sounds like they (his employer) won't withhold more than 50% of his check after taxes and still meet the minimum wage. I don't know if they will garnish bank accounts.

And if you haven't looked over some of this stuff, you might find it helpful, if not for anything other than to put you to sleep.

http://dcs.state.or.us/oregon_admin_...support_rules/

You do know that depending on how much in arrears he is, his drivers license could be revoked until that is cleared, and if he goes even further in arrears they can also restrict his US passport. And if you wish, Oregon does entitle you to request interest on the back payments.

http://dcs.state.or.us/oregon_admin_...s/055_5080.pdf

Good luck.

[SoulCakes]

Wow, thanks you two! I'm always amazed at how un-handy I can be at googling these things.

But jeez, Theia, your post gave me flashbacks to my marriage. He makes an amazing salary but has never, ever learned to budget, puts things off until they snowball into huge debts and then has to learn to live on no money! SO GLAD I'm not living that anymore (but still feeling guilty at the prospect of taking his money!).

I'm going to discuss it with him. I know he and his partner are looking for a bigger place right now, so missing half a paycheck would be a shock. And my daughter's going to be visiting them soon for the whole summer, so I want to make sure they're comfortable!

Seriously, though... this should have been a non-issue. He KNOWS that every time he gets his paycheck, he pops over to the bank and puts the money in my account. Every single time. Or, he could have followed through with the dozen agreements to provide me with a catch-up payment schedule. Or AT THE VERY LEAST, when I talked to him last, he could have NOT RESPONDED with, "Oh, yeah... child support's coming up soon again, isn't it?" Seriously? Did you just say that? It's not EVERY THREE MONTHS, it's every TWO WEEKS!!!

Sorry. Rant over!

[RollerCoasterMama]

Also, if you've got it set up to be collected by the state...then they play catch-up at tax refund time. They'll automatically take his refund (he'll get a notification). It helps anyway.

Good luck!!