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child support question I have one more issue w/ my ex that I'm hoping get some input on. My ex is in arrears for child support by $4600. amount for child support is being deducted automatically his paycheck via Child Support Enforecement Unit (CSEU). Only an extra $1.83 is going towards arrears because he complained that he couldn't afford the extra $50 that was being deducted. At that rate, we'll all be dead by the time he pays that off considering the fact that he doesn't his taxes. I plan on turning him in on that. Anyway, the issue I have is that he is supposed to pay 44% of the day care expenses, which equates to $25.52/week. It's dirt cheap because I'm on a special program called Day Care Dollars. do work full time, but that's not always enough. Since the court order only said that he has to pay 44% instead of listing an actual dollar amount, they can't enforce that through CSEU unless I go back to court. (I don't get paid time off, so I'd lose pay to go to court.) He is in contempt of court. The judge told him back in November that he is risking jail time. They won't take his license because he is allegedly below the poverty level needs it for work. That totally contradicts what I've been told in the past! Anyway, he agreed in December to pay what he should towards day care five months later, I still haven't seen a dime. He lives w/ his parents now, drives their car, still can find money to smoke Marlboro cigarettes despite crying poor. I spoke with someone at CSEU the lady told me that I could possibly shoot myself in the foot by going to court since he makes so little I could end up with less than I'm already getting for child support. She was a really witch of a lady compared to the nice guys I've spoken to there. The have all told me I need ti file a petition to get it enforced never said anything about me possibly getting less. My questions I believe what that CSEU lady said or call back to see if I get a different answer? Or, should I go file a petition to get this enforced? That would result in a visit or more to court. Remember, he's in contempt of a court order to pay the day care. If I do go file, I will give him one month to start making good on what he should pay. Yes, I'm too freakin' nice!I would call CSEU again and talk to someone different. I would also try to find a lawyer that will do a free consultation; some states have lawyers on call for these types of things that will give you free advice over the phone. But I think the CSEU lady has a point; if your child support was based on his past income, and he's no longer making that much; if you re open the case then they could base the new child support amount on his current income. Which could be less. I know in my state, income has to change by a certain % before the state will let you re file for more/less based on an income change alone. But you have other circumstances as well. Personally, I had never heard of having a separate payment for daycare costs, perhaps that is something that is unique to your state; or something that was worked out between you two during your divorce. Ann Lovin'Momma to DSD ('96 histiocytosis X), DSD ('97), DS ('06 pn, tn, egg allergies) Boy you sure do have your hands full. In all honesty, I would be afraid to take him back to court for fear that they would reexamine the amount. $150 a month that I receive is collected through the CSEU. ex at one point was almost $4,000 in arrears, but he got a job and started paying and then they took his tax return two years in a row. never taken him back for an increase and when child support sent me papers to take him to court, I tore them up. suspended his license and wouldn't give it back until he was paid up. reason I hadn't taken him back to court was because I didn't want them to lower the small amount I already get. originally accepted far less then I was entitled to. hearing examiner told me that I was entitled to over $400 a month but I only wanted $150. kept trying to talk me into the bigger amount. kept insisting on the $150. wasn't about me, it was about Calvin's needs. felt the $150 would be enough to cover the things I was using the child support for. would see if you can find a family court lawyer who specializes in child support or someone who regularly appears on child support hearings and see if that attorney will give you a free consultation. could also send you ex a certified letter advising him that he is supposed to be paying the $ for daycare and you haven't received it. you would have given him the month anyway, tell him that if he doesn't start paying within 30 days from the date of the letter, you'll have no choice but to take further action. tell him what the action may be, but just say you'll be forced to take further action. that will help him realize that you're serious. that helps. luck!
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