Can Child Support do this?

[Marley&Me]

Can child support take everything out of your bank account if you owe money?

[Catastrophic]

I have heard of it happening... I don't know the legalities of it

[nothing2lose]

Yes they can. It happened to another member last year (her DH).

[Jaycee]

Yep, they certainly can.

[Marley&Me]

Wow. If we don't find the money for rent we will be evicted. Our RE has a strict policy on arrears.

Thanks N2L.

[RainbowRiver]

Wow, that's huge they can do that... Without warning?

I'd be drawing out all my money as soon as it landed in my account

[Trillian]

Yes they can. They seem to be a law unto themselves

[nothing2lose]

They usually dont do it unless they have sent lots of letters and tried to negotiate payment.

[Jellyfish]

Wow, that's huge they can do that... Without warning?

I'd be drawing out all my money as soon as it landed in my account

Maybe I shouldnt respond to these threads but really?

Yes, how terrible to force parents to be responsible when they have chosen not to do so voluntarily. Child support sets reasonable amounts to be paid regularly, sure they might seem unreasonable when hit all at once but maybe if people were just as concerned and just as accountable for being in child support arrears as rent arrears then there wouldnt be financially significant debts in the first place.

I guess tough luck if the other parent needed the child support for rent themself in the first place?

[Marley&Me]

They did call, about 6 months ago. DH called the ex and she just laughed. He asked if he could talk to his DS(14) and she just laughed again and hung up.

[RainbowRiver]

Maybe I shouldnt respond to these threads but really?

Yes, how terrible to force parents to be responsible when they have chosen not to do so voluntarily. Child support sets reasonable amounts to be paid regularly, sure they might seem unreasonable when hit all at once but maybe if people were just as concerned and just as accountable for being in child support arrears as rent arrears then there wouldnt be financially significant debts in the first place.

I guess tough luck if the other parent needed the child support for rent themself in the first place?

The OP never mentioned anything about letters being sent, I wasn't aware that they are sent either. I just found it harsh to see someone hit with a transaction all at once, now leaving her family in a bad position with rent money. More so if she hadn't received warning (which I'm assuming she didn't). I've dealt with CSA, my exh and I have a private agreement and that works for us.

maybe I shouldn't have replied, I just made a general comment, not to be attacked for something I said in a half jokingly manner..

[Marley&Me]

Maybe I shouldnt respond to these threads but really?

Yes, how terrible to force parents to be responsible when they have chosen not to do so voluntarily. Child support sets reasonable amounts to be paid regularly, sure they might seem unreasonable when hit all at once but maybe if people were just as concerned and just as accountable for being in child support arrears as rent arrears then there wouldnt be financially significant debts in the first place.

I guess tough luck if the other parent needed the child support for rent themself in the first place?

Yes, I totally agree parents should be responsible. Dh always paid up until we got together, then she wouldn't let him see his DS anymore. DH didn't want to take it to court, hoping she would come to her senses, but she moved away and that was it. So DH refused to keep paying until an agreement was made. She had a new boyfriend (who drives a Mercedes) and her mother has GIVEN her a house. She lives with him and and they rent out the other house. When he called and told her we couldn't pay rent that's when she laughed and hung up.

[Jellyfish]

Child support and access are seperate issues - two wrongs dont make a right, he isnt paying to see his child but to help the primary carer raise them

Also irrelevant to bring up their financial circumstances which you can report to child support if you feel it is inaccurate. I mean really, the paying parent gets to pay a capped amount (sometimes not even that )then wash their hands. The primary carer doesnt reach their allotted cntribution then say oh well, thats all you get kid good luck not starving.

There is really no excuse to skip out on the responsibilty. You dont control the other parent but you are in charge of your own actions - why make your ability to do the right thing dependant on another person? If he wants access he should take it up in court not protest at his childs expense.

[Amity]

He has arrears that he hasn't paid. Child support is payable whether or not you are seeing the child and regardless of the new partner's financial circumstances.

If your DH wanted a change of assessment about the new house and the income from the rent she is receiving, then he should have made an application at that time.

They can take everything out of your bank account. They can issue notices to anyone who owes you money. They can issue garnishee notices to your employer. All without notice to you whatsoever. And there is NOTHING you can do about it.

Lesson - pay Child Support as and when due. If you have an issue about residence arrangements/change of assessments - take action. Don't sit on your hands.

You can expect anything else that hits that account to also go to Child Support.

(You are talking to the person who is probably considered the expert in this field in her state).

[~TT40~]

ill pm you Tasha

[TickToc]

Sorry but CSA can't have one set of rules for one person and a different set for another Tasha. As far as CSA are concerned if you haven't paid then you owe a debt regardless of the circumstances.

[Marley&Me]

Also irrelevant to bring up their financial circumstances which you can report to child support if you feel it is inaccurate. I mean really, the paying parent gets to pay a capped amount (sometimes not even that )then wash their hands. The primary carer doesnt reach their allotted cntribution then say oh well, thats all you get kid good luck not starving.

.

Her financial circumstances are not irrelevant, not to us anyway. Why should we potentially be evicted while she sleeps peaceful in her own home laughing down the phone at us??? I can assure you this isn't one of those 'deadbeat dad' stories which is what your post sounds to be implying. I am sorry if it isn't but thats sure how it sounds.

He is going to make arrangements, he knows he owes money and is not proud of it. Times have been tough for us for a long time. His DS never went without anything and had he been without, DH would have made sure he got everything he needed. They had a private cash arrangement for many years, but she doesn't want acknowledge it now. But theres no point debating on here anyway.

And thanks for the tip Divvy.

[sushee]

From a personal perspective, I also agree that his ex's partner's financial circumstance and whether the father has access or not has no bearing on child support. You are required to pay it by law.

I am the payer. My XH is the payee. The child support arrangement is between him and me, not us and our partners. My new partner's income doesn't get taken into account (which would most definitely increase child support in my XH's favour) so I don't expect my XH's new partner's financial circumstances (should he get one) to favour me.

However if he was receiving new income (like rent on a home he owns), that would change his income, so I (and your dp) could ask for a new assessment based on that. If she owns the home clear of any mortgage, almost the entire rent she receives would be considered income.

And the reason the CSA have power to garnish wages, take money from accounts etc is because it is not a choice for the payer not to pay the payee. Or else everyone would have some sob story about why they shouldn't pay.

And access to child is not tied to child support because that way, a parent can't threaten to with-hold access to a child to get more money. And similarly, a parent can't withhold money to get more access to a child. Child support is making both parents accountable for the financial upkeep of the child in the fairest way possible.

The CSA have to balance the needs of the child and to be honest I think they do it well in most cases. And I think in most circumstances child support doesn't even touch the sides of what it costs the primary caregiver to properly raise a child. Which is why I chose to pay more than what I'm assessed at. Because you don't stop being a parent just because you don't get to see the child. And the money you pay is your contribution to that child, irregardless of what you think of the other parent.

So I'm personally all for garnishing wages and taking money out of the parent who is in arrears. Because it's the fairest system for everyone, and stops people from avoiding their responsibilities.