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Old 01-05-2008, 09:33 AM
 
20 posts, read 140,935 times
Reputation: 19

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I live in Washington State. I am a post divorced, under-employed single mother. My son has special needs, so I'm in a position where I have to work part-time in order to accomodate his school schedule. Recently, my ex (who works full-time and earns over $9,000 per month), loaned me just enough money to help cover our rent so we would not be evicted from our apartment. For 'repayment' of his loan, my ex had his employer shut off the court-ordered, monthly direct deposits of child support funds into my bank account. My ex decided to repay himself on this loan by withholding child support payments until the 'repayment obligation is fulfilled'. Some questions:

1) Can an employer perform non-compliance of a court-ordered method of child support payment without written notification/modification?...(My ex took this action verbally with his payroll department).

2) Can repayments of personal loans be deducted from child support funds, or does the state protect the child's funds from this type of action?

I've searched the Washington State DCS website, but there doesn't seem to be any information on specific provisions for the use of child support funds...
Any advice would be appreciated. Thanks!
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Old 01-05-2008, 09:45 AM
 
Location: Dallas, Texas
3,589 posts, read 2,975,501 times
Reputation: 533
Quote:
Originally Posted by charliefoxtrot View Post
I live in Washington State. I am a post divorced, under-employed single mother. My son has special needs, so I'm in a position where I have to work part-time in order to accomodate his school schedule. Recently, my ex (who works full-time and earns over $9,000 per month), loaned me just enough money to help cover our rent so we would not be evicted from our apartment. For 'repayment' of his loan, my ex had his employer shut off the court-ordered, monthly direct deposits of child support funds into my bank account. My ex decided to repay himself on this loan by withholding child support payments until the 'repayment obligation is fulfilled'. Some questions:

1) Can an employer perform non-compliance of a court-ordered method of child support payment without written notification/modification?...(My ex took this action verbally with his payroll department).

2) Can repayments of personal loans be deducted from child support funds, or does the state protect the child's funds from this type of action?

I've searched the Washington State DCS website, but there doesn't seem to be any information on specific provisions for the use of child support funds...
Any advice would be appreciated. Thanks!
In this state the child support funds may be used by the payee in any manner that they see fit. The payor does not have any say or control over how the money is used.

I think that what your ex is doing may not be kosher in this state, but I don't know about WA. I'd talk to a lawyer if I were you, or you could just try calling the DCS themselves and asking them.
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Old 01-07-2008, 03:36 PM
 
Location: Chicago
2,467 posts, read 11,121,876 times
Reputation: 851
You need to contact a lawyer to sort this out.
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Old 01-08-2008, 10:28 AM
 
Location: Twilight Zone
875 posts, read 760,063 times
Reputation: 69
Quote:
Originally Posted by charliefoxtrot View Post
I live in Washington State. I am a post divorced, under-employed single mother. My son has special needs, so I'm in a position where I have to work part-time in order to accomodate his school schedule. Recently, my ex (who works full-time and earns over $9,000 per month), loaned me just enough money to help cover our rent so we would not be evicted from our apartment. For 'repayment' of his loan, my ex had his employer shut off the court-ordered, monthly direct deposits of child support funds into my bank account. My ex decided to repay himself on this loan by withholding child support payments until the 'repayment obligation is fulfilled'. Some questions:

1) Can an employer perform non-compliance of a court-ordered method of child support payment without written notification/modification?...(My ex took this action verbally with his payroll department).

2) Can repayments of personal loans be deducted from child support funds, or does the state protect the child's funds from this type of action?

I've searched the Washington State DCS website, but there doesn't seem to be any information on specific provisions for the use of child support funds...
Any advice would be appreciated. Thanks!
No, he cannot legally do this and I'm very surprised the employer would do it. His employer should have a copy of the court order, or they wouldn't be making the deposits on his behalf. This is in direct violation of a court order.

No, a personal loan cannot be deducted from child support.

You need to contact your local District Attorney's Office Child Support Division. While you're at it, you should have the amount of support looked at as well. It sounds as though the child's father needs to be paying more.
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Old 01-08-2008, 12:25 PM
 
Location: In the real world!
2,178 posts, read 8,224,866 times
Reputation: 2772
Unless you are living way beyond your means with a handicapped child, I think he is not paying you enough child support. Is the amount something the two of you agreed on or is it a court ordered amount. $9000 a month income should give you $2-$3000 a month and I could live like a queen on that much. (I arrived at that amount because a gut I know has to pay 30% of his income for 1 healthy child.) I just don't think the father should be living like a KING while his child lives in poverty, what kind of person is THAT?

I agree with others that said he can not take the childs support to repay a loan that is money he should have given you to start with. (Unless you are living far out of your means)

Report him to the court and let them streighten this out!
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