Child support causing interrupted visits

[yolandanewell]

What is the name of your state? CA

I am curious to know if the most recent argument raised by my ex husband is valid.

He is saying that due to his wage assignment through DCSS that employers are less likely to hire him.

He is also saying that because DCSS has his unemployment benefits attached because of arrearages that he is not able to afford a valid job search.

He is adding to that - due to his decrease in unemployment benefits he cannot afford to come and get the baby on his days of visitation.

He has just informed me that he will plans on filing for and will win another adjustment in child support (back to zero again is his hope) in order to give him more funds to come and get baby on his days of visitation.

After having been in front of the judge approximately 8 times within the past 9 months (mainly his motions to adjust visitation and child support) - does he have a legal argument here?

I'm ready to give up on this whole child support issue being that I KNOW he will not pay - yet his efforts to avoid his obligation are just making me lose wages for time off to appear in court for his continuous motions...

Thanks so much.

 

[wileybunch]

"He is saying that due to his wage assignment through DCSS that employers are less likely to hire him."

This is true to a degree. It's wrong (ie. illegal), but true. It's not necessarily even a judgment of the obligee, but small business owners may not want to deal with the hassle of the rules and penalties THEY are under WRT wage assignments. The employers don't know about the wage assignment until the person is hired, though.

Is your child very young and the DCSS actions are pretty new? This will settle out and he will start to understand that he has an obligation and just buck up and pay it (or not), but he can't keep fighting it.

 

[yolandanewell]

Thank you Wiley

Is your child very young and the DCSS actions are pretty new? .

She will be four on the 30th of this month and he is now $8,300 behind in payments - so although she's young the failure to pay has been habitual. DCSS became involved last July (or maybe august can't remember right now) My main wonder (and I guess I'll have to wait and see) is that he is planning on filing review docs (AGAIN) with the claim that because I have had DCSS help me to collect - that I have blocked his ability to be employed... not to mention that he "can't afford" to see our daughter for her visits - I've cut him off of the pass on that one though... I just never tell her when she's supposed to go and make it a surprise every time... if he shows it works and she's thrilled

Thanks!!! Thank goodness it's Thursday

 

[casa]

What is the name of your state? CA

I am curious to know if the most recent argument raised by my ex husband is valid.

He is saying that due to his wage assignment through DCSS that employers are less likely to hire him.

He is also saying that because DCSS has his unemployment benefits attached because of arrearages that he is not able to afford a valid job search.

He is adding to that - due to his decrease in unemployment benefits he cannot afford to come and get the baby on his days of visitation.

He has just informed me that he will plans on filing for and will win another adjustment in child support (back to zero again is his hope) in order to give him more funds to come and get baby on his days of visitation.

After having been in front of the judge approximately 8 times within the past 9 months (mainly his motions to adjust visitation and child support) - does he have a legal argument here?

I'm ready to give up on this whole child support issue being that I KNOW he will not pay - yet his efforts to avoid his obligation are just making me lose wages for time off to appear in court for his continuous motions...

Thanks so much.

And what did the Judge say those 8 times?

 

[Zigner]

An employer does not know upfront about wage assignments. So that's one's BS.

 

[yolandanewell]

Denied...

And what did the Judge say those 8 times?

He continued to keep filing for adjustments to visitation as well as relief from child support. All were denied outside of our coming to a compromise that would prevent our daughter from being hauled up and down the freeway needlessly. The child support was dropped to zero at one point for about three weeks based on his claim of inability to pay - yet at the review minimum wage was imputed.

 

[casa]

He continued to keep filing for adjustments to visitation as well as relief from child support. All were denied outside of our coming to a compromise that would prevent our daughter from being hauled up and down the freeway needlessly. The child support was dropped to zero at one point for about three weeks based on his claim of inability to pay - yet at the review minimum wage was imputed.

Right. He TRIED to get it dropped...but it was 'caught' by the Court/Judge, hence min. wage being imputed. That will continue

And Yes, at some point the Court DOES get tired of endless filings, and when that time comes...he'll get the message.