I tried in legal to no avail... How does the court figure how much is paid weekly to pay back arrears for child support? It's comming up on a year my fiance's ex is behind. Do they go by the amount of the arrears? Does it go by her ex's income? Both? My fiance's ex has dragged out the divorce process for over two years. No specific reason. He's blown off court dates etc. They supposedly had everything knocked out at the last hearing and his lawyer was going to have paperwork the following week and a three way was scheduled in case they needed it. His lawyer never sent papers and never contacted anyone despite her lawyer trying repeatedly to contact her. The paperwork is essentially identical to what he was initially two years ago with the addition of a few hours of visitation. His lawyer states the issues at hand are money issues ie. bills he has in his name but feels she's responsible for 1/2. The thing is that she filed bankrupt listing the companies he wants her to help pay AND her ex himself as creditors. She offered to let him file bankrupt jointly for free but he refused. Doesn't him beiing listed on the bankruptcy make it illegal for him to try to get money from her for any reason for debt incurred prior to the filing? Also, does the fact that he's played around and blown off the whole divorce thing for two years make him responsible for some of the lawyers fees she's incurred? He made this cost 3x as much for no reason and has blatently blown off the court. I'm thinking we're pretty much screwed for the lawyer fees but her lawyer had told her long ago that her ex would most likely have to pay. All this has done has pissed off his overworked legal aid attourney and put more money in her attourney's pocket and done nothing for the outcome. Any input would be appreciated. Thanks!

How About This Instead of worrying so much about getting money out of your girlfriend's ex husband, why not step up and help take care of the ?

What do you think I'm already doing? Who do you think is sharing the expenses for his child while he doesn't pay his share? He pays $157 every two weeks while her tuition for school is about $500/month. Who is making up the slack? We are. Who gets her a drink o water when she wakes up crying at night? Her mother and I. Who cleans up the vomit whhen she's sick? Me (her mother has issuues with that LOL) Who braids her hair and puts in in a bun for dance class? Me. All this while her bio dad complains about not getting enough time especially on holidays. He's had last easter, her birthday, thanksgiving, xmass, and this easter becuase she doesn't get to see his family much and we're trying to promote that. Did she get an easter basket from him last year? Nope. This year? Nope. Xmass present? Nope. Birthday present? Nope. A cake? a card? Nope. I am taking care of his little girl. All without badmouthing him and telling her that her Daddy really does love her. Explaining to her that he doesn't get to see her every day so she hould talk to him on the phone before bed. etc etc. Don't accuse me of anything you don't know the story.

Good for you Then don't worry about it...write the guy off and get on with your lives. If someone doesn't want to pay, they won't. It is as simple as that. You seem to be doing okay without the money and fighting for it is just going to get you nickels and dimes that aren't worth the aggravation. He is scum...move on.

The issue at hand is That he's trying to get about $1000k out of her that he's not entitled to. She filed bankrupt and listed the people he owes the bills to and him as creditors. We're doing OK money wise without the CS he's not paying. We can't and won't take the hit for bills he ran up AFTER she moved out of the house. She even has copies of bills showing they were paid up when she left. It's just crazy that this could be holding things up.

HE has to prove it If she gets a summons, she goes to court with the bankruptcy papers and it will be dismissed. Don't pay an attorney for something stupid. It will cost more than $1000.

I am thinking that no one (except quill) is interested in answering because it sounds like a bunch of pety arguments that now need to be handled by the judge. If he doesn't agree it's time to schedule a court date. If he doesn't show up, all the better for her.

It's not petty. W've been to court and it just keeps dragging and draining us financially. We haven't fought one minute of extra visitation he's asked for except when he wanted to take her after her dance lesson at 8:30pm and bring her back to the other county he moved to 45 min one way putting her bed time at 9:15 at the minimum. It's not what's best for her she needs to be in bed in the 15 minutes it takes us to get her there after her lesson. It's frustrating because we haven't said no to him at any time when he's asked to spend tme with his daughter. We used to drive her the 45 min for him when his truck broke down so he could see her. What do we get in return? Legal bills adding up while his legal aid attourney doesn't respond.

I like this one Here's a lil tip Judges are elected officals they are elected by???? wait for it .. LAWYERS !!! So they "judges" drag out court porceedings as well in order to wait for it "pump up your bill" As far as arrears go state by state, normally its the amount owed times in NY i think its x% interest. So from the last check until its settled, or if an amount has been set yet, it will go by filing date. to date the amount has been set. usually x% of wages after FICA. enjoy settling for that most do when the amout the x offers is usually more or about the same. I took a job making x.x an hour enjoy x% of that! I offered alot more! sucks to be greedy. and no my child doesnt WANT!

When my ex was over $x behind, the same rules for repayment of CS that apply when you're paying back a bankruptcy applied. They couldn't collect more than a certain percentage (don't remember what it was) of his pay to go towards the arrears. I now have an income deduction order and the CS is collected through CSE (they take fees from the support). It is taken directly out of his pay electroniy so he HAS to pay it. He pays $x towards the arrearage each month plus what he was supposed to pay in CS - $x a week. It will take him years to get caught up, but at least the are getting the support regularly now. Good luck.

Oh, and his attorney tried to pull the same crap by not filing the paperwork she DEMANDED she get to draw up. After about x months, my attorney met with the judge and asked that he be allowed to draw up the paperwork. The judge allowed it. In that paperwork, my attorney asked that my legal fees be paid by my ex. The judge granted it. So I got my attorney's fees paid too.

seems like a lot of bullshit

all the money spent on the courts, that is it's just constant bs, no wonder anybody can't afford cs

Yeah, well if he'd not stolen my identity and ruined my credit and helped with the some, I never would have had him held in contempt. I was amazed that he had the money for an attorney, but swore he had nothing for CS. I had no money for an attorney and got lucky that he had to pay the fees. He deserved it though in my mind.

Just to clarify IS it max x% for the total of cs and arrears or max x% EACH for cs and arrears?

First of all, you are treating this like the divorce is final. It ain't, for whatever fucking reason, it ain't. Your gf filed bankruptcy but her HUSBAND has not. SHE made the decision to file regardless of what could occur and how his decision not to would effect her. Now you are dealing with it because you chose to get involved. You want the divorce over? Simple, agree to his terms. You want to fight? Go fight it out.

Everybody is so grumpy today. Chill out