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RE: Driver's license suspended over child support! - 11/9/2013 7:08:49 AM   
UllrsIshtar


Posts: 3693
Joined: 7/28/2012
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quote:

ORIGINAL: defiantbadgirl

Considering his past and current compliance and the fact that he wasn't to blame for breaking his foot, suspending his driver's license was a very shitty thing for them to do.


No it wasn't.

What was shitty was for him to not pay the mother money she was probably counting on to put food on the table that month, without notification or setting up a restitution plan.

What was shitty was for him to ignore the DOZENS of letters he's gotten about this matter BEFORE they suspended his license, and not even attempt to set this right immediately when he was able to go back to work.

What was shitty was for him not to immediately contact the child support agency and get their help filing for a temporary relieve modification, but instead forcing the state to spend a bunch of time and money sending him letters he refused to respond to, and finally forcing them to suspend his license, so that they now need to spend a bunch of time and money helping him reinstate it, when a simple phone call the day after he broke his foot would have sufficed.

The shitty in this case is ALL on him.

He's just getting what's coming to him.

_____________________________

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I am the dirt you created
I am your sinner
And your whore
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Profile   Post #: 21
RE: Driver's license suspended over child support! - 11/9/2013 7:09:21 AM   
xxblushesxx


Posts: 9318
Joined: 11/3/2005
From: Kentucky
Status: offline 		Well it came out of the father's estate, right? You don't have to pay anything on another's debt, even if you are the executor or the heir. You pay the bills the deceased owed with any money in the estate. What's left over, (if any) is then distributed to the heirs.

ETA: and actually, the money was intended for the other person (probably the mother) that raised him. That was back child support and meant to go to the other parent for money already paid out on his upkeep. (or to the state if the other parent was on certain assistance programs)

< Message edited by xxblushesxx -- 11/9/2013 7:19:08 AM >

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RE: Driver's license suspended over child support! - 11/9/2013 7:21:47 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline
quote:

ORIGINAL: mnottertail

You have to file a motion to reinstate his drivers license, there is a state government website in your area to get the forms to fill out.   You also need a motion to modify, and some other stuff,  It is real simple just a lot of repetitive paperwork.

What the result will be is a promise to pay the back child support, say at another 20% plus what he pays now, so if he pays $1000, then it will be 1200, with 200 going to pay back arrears.

Its pretty simple, I have done it, you dont need lawyers.  Just have some facts and some evidence, once you sign the agreement the judge will reinstate immediately. And you won't get much hassle from welfare, they just want a written agreement to get their money.

 


Great, thanks for the info. I'll let him know. Will they be able to increase his payments to catch up if he's already paying the maximum now? He works at a convenience store and barely has enough to pay his rent, utilities, and buy food. Do you know if increasing the length of time he pays child support by 2 months would be an option?

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(in reply to mnottertail)
Profile   Post #: 23
RE: Driver's license suspended over child support! - 11/9/2013 7:31:44 AM   
UllrsIshtar


Posts: 3693
Joined: 7/28/2012
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quote:

ORIGINAL: defiantbadgirl

Do you know if increasing the length of time he pays child support by 2 months would be an option?



No absolutely not. He'll have to come up with a payment plan, even if it's only $10 a month.

He's not paying maximum child support right now either (he's lying if he tells you that). He's paying state guideline for the difference between his and his ex wages. It's almost unheard of for people to pay either less or more than state guideline.

The only times the courts deviate from state guidelines is if somebody can prove extreme hardship (which struggling to make ends meet doesn't count as) or if they're actually paying maximum, as is calculated on state maximum caps (usually in the case of somebody making at least $140000 a year more than the ex to whom they pay).

From what you said, your friend doesn't fall into a category that would make the court go either above or below normal state guidelines, so what he's paying is the same thing that everybody else in his category is paying, not a penny more or less, and certainly not "maximum".

He can always temporarily get a second job to make up for the back months he owes, and that's probably what he should be doing right now.

_____________________________

I can be your whore
I am the dirt you created
I am your sinner
And your whore
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You love me for everything you hate me for

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Profile   Post #: 24
RE: Driver's license suspended over child support! - 11/9/2013 7:32:47 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline
quote:

ORIGINAL: UllrsIshtar

quote:

ORIGINAL: defiantbadgirl

Considering his past and current compliance and the fact that he wasn't to blame for breaking his foot, suspending his driver's license was a very shitty thing for them to do.


No it wasn't.

What was shitty was for him to not pay the mother money she was probably counting on to put food on the table that month, without notification or setting up a restitution plan.

What was shitty was for him to ignore the DOZENS of letters he's gotten about this matter BEFORE they suspended his license, and not even attempt to set this right immediately when he was able to go back to work.

What was shitty was for him not to immediately contact the child support agency and get their help filing for a temporary relieve modification, but instead forcing the state to spend a bunch of time and money sending him letters he refused to respond to, and finally forcing them to suspend his license, so that they now need to spend a bunch of time and money helping him reinstate it, when a simple phone call the day after he broke his foot would have sufficed.

The shitty in this case is ALL on him.

He's just getting what's coming to him.


Thanks for saving me the keystrokes. (Although I think your "simple phone call" was an abbreviation for "simple phone call to find out what he needed to do to get a temporary hardship modification."

(in reply to UllrsIshtar)
Profile   Post #: 25
RE: Driver's license suspended over child support! - 11/9/2013 7:33:19 AM   
torsionman


Posts: 74
Joined: 7/28/2004
Status: offline 		Additional note:
As for my children, no they didn't stop living and all the "NEEDS" they had. During the time I was out of work, I did pay and anything judged in arrears I did pay additional. The point I'm making is AFTER I took physical custody, I still had to pay until the court had proof to release me. In that respect, I was victimized by a very slow and hard to access court system. I didn't get ALL the money garnished from my paychecks to the date I took my child into physical custody. In the respect again, I was victimized. This is why I say, notify the court/child support collections AS SOON AS YOU CAN when your income is stopped for whatever reason. Provide all records you can supporting your disability. You may still owe but they will handle it in a much better way allowing you to make the changes.

Even if you are still married and no custody is is ordered, your children still have their needs.

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Profile   Post #: 26
RE: Driver's license suspended over child support! - 11/9/2013 7:33:54 AM   
MAINEiacMISTRESS


Posts: 1180
Joined: 9/12/2012
Status: offline
quote:

ORIGINAL: xxblushesxx

Well it came out of the father's estate, right? You don't have to pay anything on another's debt, even if you are the executor or the heir. You pay the bills the deceased owed with any money in the estate. What's left over, (if any) is then distributed to the heirs.

ETA: and actually, the money was intended for the other person (probably the mother) that raised him. That was back child support and meant to go to the other parent for money already paid out on his upkeep. (or to the state if the other parent was on certain assistance programs)


I don't know...I saw and read the paperwork, and the state demanded he pay. As for "Estate" (which was his inheritance) the only thing the father owned of value was a small piece of land (which took nearly a year to sell) and a crappy car, the total value after they were sold was less than $20,000 total, subtract the back child support...and the cost of the funeral...plus miscellaneous things like propery tax on the land while it was waiting to be sold, etc...not much was left. With a good lawyer he might have been able to fight it, but that again with a part time job was more money he didn't have.

(in reply to xxblushesxx)
Profile   Post #: 27
RE: Driver's license suspended over child support! - 11/9/2013 9:17:54 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline
quote:

ORIGINAL: UllrsIshtar


quote:

ORIGINAL: defiantbadgirl

Considering his past and current compliance and the fact that he wasn't to blame for breaking his foot, suspending his driver's license was a very shitty thing for them to do.


No it wasn't.

What was shitty was for him to not pay the mother money she was probably counting on to put food on the table that month, without notification or setting up a restitution plan.

What was shitty was for him to ignore the DOZENS of letters he's gotten about this matter BEFORE they suspended his license, and not even attempt to set this right immediately when he was able to go back to work.

What was shitty was for him not to immediately contact the child support agency and get their help filing for a temporary relieve modification, but instead forcing the state to spend a bunch of time and money sending him letters he refused to respond to, and finally forcing them to suspend his license, so that they now need to spend a bunch of time and money helping him reinstate it, when a simple phone call the day after he broke his foot would have sufficed.

The shitty in this case is ALL on him.

He's just getting what's coming to him.


I just talked to him and found out more information. He did call child support enforcement in both states (his 2 children live in different states) within a few days of breaking his foot. So that simple phone call you're talking about was made. In fact, when he called them about his driver's license suspension, they admitted they had proof of what happened to his foot. Apparently, they called the company he worked for to make sure he wasn't lying. He did NOT get dozens of letters from them warning him his license would be suspended. He got one. Apparently, they were supposed to use what would've been his income tax refund to catch him up, not suspend his driver's license.

_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


Collared by MartinSpankalot May 13 2008

(in reply to UllrsIshtar)
Profile   Post #: 28
RE: Driver's license suspended over child support! - 11/9/2013 9:25:37 AM   
JstAnotherSub


Posts: 6174
Status: offline
quote:

ORIGINAL: defiantbadgirl

Our ex roommate and good friend just received a letter saying his driver's license has been suspended over child support. He is not a deadbeat dad that refuses to pay. His child support payments are deducted from his paychecks (like auto bill pay) and have been for years. A short time before he moved out, he broke his foot. He ended up needing surgery, had to use crutches, and was off work for a couple of months. He went back to work as soon as his doctor said he could and his paychecks resumed along with his child support payments. Now, a year and a half later, they decide to suspend his driver's license because he's behind on child support despite the fact that regular payments are being received. I thought this only happened to deadbeat dads. What can he do about this?

I would suggest he stop making babies he cannot support.

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Profile   Post #: 29
RE: Driver's license suspended over child support! - 11/9/2013 10:02:47 AM   
xxblushesxx


Posts: 9318
Joined: 11/3/2005
From: Kentucky
Status: offline
quote:

ORIGINAL: MAINEiacMISTRESS


quote:

ORIGINAL: xxblushesxx

Well it came out of the father's estate, right? You don't have to pay anything on another's debt, even if you are the executor or the heir. You pay the bills the deceased owed with any money in the estate. What's left over, (if any) is then distributed to the heirs.

ETA: and actually, the money was intended for the other person (probably the mother) that raised him. That was back child support and meant to go to the other parent for money already paid out on his upkeep. (or to the state if the other parent was on certain assistance programs)


I don't know...I saw and read the paperwork, and the state demanded he pay. As for "Estate" (which was his inheritance) the only thing the father owned of value was a small piece of land (which took nearly a year to sell) and a crappy car, the total value after they were sold was less than $20,000 total, subtract the back child support...and the cost of the funeral...plus miscellaneous things like propery tax on the land while it was waiting to be sold, etc...not much was left. With a good lawyer he might have been able to fight it, but that again with a part time job was more money he didn't have.


Well, yeah, it came out of his father's estate. (which is just a term for the assets and money his father had at the time of his death minus whatever debts he owed.) 
I doubt he could have fought the back child support. It was owed to the other parent. (or whoever raised him)

_____________________________

~Christina

A nice girl with a disturbing hobby

My femdom findom blog: http://www.MistressAvarice.com


(in reply to MAINEiacMISTRESS)
Profile   Post #: 30
RE: Driver's license suspended over child support! - 11/9/2013 10:07:55 AM   
Spiritedsub2


Posts: 3316
Joined: 7/18/2012
Status: offline 		It isn't the child support agency that sends the suspension warning letters. It is the department of motor vehicles that sends them, 150 days before suspending the license.

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RE: Driver's license suspended over child support! - 11/9/2013 10:28:31 AM   
DOM68005


Posts: 6069
Joined: 12/5/2006
From: Nebraska
Status: offline 		It's a catch 22.
In order for the state to avoid all that money coming out of state treasuries in the form of welfare, states have gotten serious about child support. Personally, I do not have children, but I have known a few guys paying child support. Some guys took lower paying jobs because their net pay was the same as getting good jobs and having the ex take the increases that taxes did not.
I have know some of them to be jailed for being behind. I thought debtor's prison died in the 1800s, but this is an exception that brought it back.
While I understand doing several penalties until something works is novel to this field, part of the problem is the courts and lawyers take a big chunk that then does not support the target beneficiary - the child who the ex uses as a weapon.
Putting the person supposed to be paying support in jail, taking away driving privileges, using overpriced lawyers and an overpriced court system that long ago forgot what justice is ... is just plain counterproductive.
It makes it harder for anybody to do the right thing and makes it tougher for the child to receive the support the program is supposed to provide.

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Profile   Post #: 32
RE: Driver's license suspended over child support! - 11/9/2013 10:49:12 AM   
SeekingTrinity


Posts: 1834
Joined: 5/29/2012
From: The 'burbs of Portland, OR
Status: offline
quote:

ORIGINAL: defiantbadgirl

I just talked to him and found out more information. He did call child support enforcement in both states (his 2 children live in different states) within a few days of breaking his foot. So that simple phone call you're talking about was made. In fact, when he called them about his driver's license suspension, they admitted they had proof of what happened to his foot. Apparently, they called the company he worked for to make sure he wasn't lying. He did NOT get dozens of letters from them warning him his license would be suspended. He got one. Apparently, they were supposed to use what would've been his income tax refund to catch him up, not suspend his driver's license.


Ok, this right here makes me question whether you are receiving the whole story from this friend of yours. I'll explain why.

You said that the children live in two different states than he does, yet his state is threatening license suspension? This doesn't make sense to me because one state can't say to another state "hey, your guy hasn't paid his child support. Be a dear and suspend his license privileges for us, would you?" That is how my child's father gets away with paying zero child support and leaving me holding the bag. We (child and I) live in Oregon. He lives...well, who really knows where. Support order was established in Oklahoma, but he no longer lives in that state. So everyone throws their hands in the air with a "we don't know what to do" mentality. If he lived in Oklahoma, license suspension and arrest for arrearages is on the table. But staying out of that state essentially means he skates. He is under Federal tax return seizure status, but when you don't file...it's hard to seize anything.

I honestly think there is more to this story that he isn't telling you. Just my honest opinion. But let's say that it's true. It's his responsibility to ask the child support people...since he called them when he broke his foot of course...what to do about the default amount. Rather than take his chances at not paying those 2 months and seeing what the state is going to do.

(in reply to defiantbadgirl)
Profile   Post #: 33
RE: Driver's license suspended over child support! - 11/9/2013 11:08:41 AM   
Spiritedsub2


Posts: 3316
Joined: 7/18/2012
Status: offline 		One state can send an enforcement request to the home state of the person paying support. The home state opens a case against the payor and can and will suspend his/her driver's license. It's done via UIFSA -Uniform Interstate Family Support Act.

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RE: Driver's license suspended over child support! - 11/9/2013 11:09:37 AM   
kalikshama


Posts: 14805
Joined: 8/8/2010
Status: offline
quote:

He did call child support enforcement in both states (his 2 children live in different states) within a few days of breaking his foot.

In my state, in this phone call, DOR would have told him he needed to go to court to get a temporary modification order. What did his DOR tell him?

quote:

Apparently, they were supposed to use what would've been his income tax refund to catch him up, not suspend his driver's license.

So he made an agreement for them to use his tax refund...and then didn't earn enough or file correctly to get a sufficient refund? And this is the state's fault and responsibility why?

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Profile   Post #: 35
RE: Driver's license suspended over child support! - 11/9/2013 11:14:00 AM   
LadyPact


Posts: 32566
Status: offline
quote:

ORIGINAL: defiantbadgirl
I just talked to him and found out more information. He did call child support enforcement in both states (his 2 children live in different states) within a few days of breaking his foot. So that simple phone call you're talking about was made. In fact, when he called them about his driver's license suspension, they admitted they had proof of what happened to his foot. Apparently, they called the company he worked for to make sure he wasn't lying. He did NOT get dozens of letters from them warning him his license would be suspended. He got one. Apparently, they were supposed to use what would've been his income tax refund to catch him up, not suspend his driver's license.

If the man got a state refund, why didn't he just be a responsible grown up and pay the two months back support at that time? You can't tell Me that he didn't know he wasn't paying the two months that his foot was broken. It's also not like he didn't realize the state hadn't seized his state income tax to pay it. He knew the amount he expected to get back when he filed and he knew that was the amount that he received.

I really don't get how the broken foot 'not being his fault' has anything to do with it. If the guy had skipped any other bill he had while he didn't work, he'd still know that he had to pay. I notice you didn't answer the question about him being allowed to slide on two months' rent for a year and a half.



_____________________________

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Beach Ball Sized Lady Nuts. ~ TWD

Happily dating a new submissive. It's official. I've named him engie.

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Profile   Post #: 36
RE: Driver's license suspended over child support! - 11/9/2013 11:35:10 AM   
defiantbadgirl


Posts: 2988
Joined: 11/14/2005
Status: offline 		He moved out shortly after he went back to work, but even if he hadn't, we were fine with him not paying anything for that 2 months because he had no income. Besides, I feel like we're partly to blame for him breaking his foot. We told him to call us if he needed a ride and didn't realize the ringer was off. It was dark, he was wasted, and he somehow broke his foot walking over some train tracks.

< Message edited by defiantbadgirl -- 11/9/2013 11:36:37 AM >

_____________________________


Only in the United States is the health of the people secondary to making money. If this is what "capitalism" is about, I'll take socialism any day of the week.


Collared by MartinSpankalot May 13 2008

(in reply to LadyPact)
Profile   Post #: 37
RE: Driver's license suspended over child support! - 11/9/2013 11:43:53 AM   
UllrsIshtar


Posts: 3693
Joined: 7/28/2012
Status: offline 		He doesn't get to stop paying any other bill just because he's out of work, nor does he get to just decide to not pay them and can then expect the payment schedule to automatically run longer. Not paying bills has consequences, why are you acting like this bill is somehow less important than his other bills, because it happens to be to his kids' mothers?

Child support IS his most important bill to keep up with. It's ahead of him buying food for himself is need be, seeing that he can go to a soup kitchen for that.

Do you think it's fair to both mothers that they suddenly aren't paid the money they need to feed the kids that month, have to go into credit card debt to make ends meet, and ruin their credit scores because they get behind on their bills, just because he broke his foot?

Why would it be fair to them that they need to wait until after the kids' 18th birthdays to see money that they need TODAY to pay ongoing expenses?

If he thinks it's shitty that he's responsible to pay for the kids he made with two different mothers, he should have thought twice before sticking his dick in either of them, and he should have worn a condom with both. He doesn't get to keep dodging his responsibilities now that he's a parent, whether or not it's convenient to him or not.

He's a deadbeat dad, because he assumes child-support is optional when it's an inconvenience to him, and doesn't bother to maintain an active presents in his children's lives.

_____________________________

I can be your whore
I am the dirt you created
I am your sinner
And your whore
But let me tell you something baby
You love me for everything you hate me for

(in reply to defiantbadgirl)
Profile   Post #: 38
RE: Driver's license suspended over child support! - 11/9/2013 11:47:31 AM   
LadyPact


Posts: 32566
Status: offline
quote:

ORIGINAL: defiantbadgirl
He moved out shortly after he went back to work, but even if he hadn't, we were fine with him not paying anything for that 2 months because he had no income. Besides, I feel like we're partly to blame for him breaking his foot. We told him to call us if he needed a ride and didn't realize the ringer was off. It was dark, he was wasted, and he somehow broke his foot walking over some train tracks.

I have to ask. How does getting wasted and breaking his foot on the train tracks make this "not his fault?"

I think your friend might need some help in the 'personal responsibility' area.



_____________________________

The crowned Diva of Destruction. ~ ExT

Beach Ball Sized Lady Nuts. ~ TWD

Happily dating a new submissive. It's official. I've named him engie.

Please do not send me email here. Unless I know you, I will delete the email unread

(in reply to defiantbadgirl)
Profile   Post #: 39
RE: Driver's license suspended over child support! - 11/9/2013 12:15:39 PM   
servantforuse


Posts: 6363
Joined: 3/8/2006
Status: offline 		He seems to have money to spend going out and getting wasted, but no money for child support. Loser.

(in reply to LadyPact)
Profile   Post #: 40
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