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  • What could be my options?

    the color of the planet mars is

    Hello,

    I had my child support case closed at May 2012, with the output of an order on stipulation on my child support payment to my 11 years old son who is stay with his mom -- my ex-girl friend(the custodial party). Since then I have provided my payment in full(or more) amount, on schedule(or ahead of schedule), through direct method--by postmail using cashier checks. I also covered the medical expense.

    Last week, for unknown reasons, she reopened the case and asked the enforcement of child support payment(no other change requests at this point). DCSS child upport representative noticed me that an SDU account will be created for collecting further payment and my employer will be informed (for wage assignment) automatically. I do not feel comfortable about that.

    I have been willing to and able to pay the child support based on the order on stipulation, including the amount, the schedule, and the method of the child support payment. It is confusing to me that the previous order on stipulation for this case could now be modified by reopening this case and establishing the enforcement of child support with no reasons.

    The Order on Stipulation means that the judge has reviewed and considered the agreement between both parties, and the judge approves of it. A stipulated agreement entered and approved and signed by the Judge should be the Standing order. If there is any dispute between the parties about abiding by the terms, the court can enforce the terms with its powers. The agreement embodied in the Stipulation, since it is no longer just a voluntary agreement, cannot be modified or withdrawn or ignored by either of the parties. Therefore, any changes (the payment method here) that are necessary will need the court's approval and a modification of the Order on Stipulation.

    What could be my options to deal with such situation? Thanks for any tips.

  • #2
    Re: What could be my options?

    I suspect you have no options. That is the standard method by which it is done. I am surprised a judge permitted it differently.
    Due to a recent promotion, I should now be referred to as Major Obvious.

    I would not be trying to provide information and knowledge if I did not sympathize.

    Some days it is just not worth chewing through the restraints to face life.

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    • #3
      Re: What could be my options?

      I wish to inform you that child support orders can be modified only if there is a change in circumstances. If there is is no material change in circumstance then no modification can be done. You can appeal the judgment on the ground that child support cannot be altered as there is no material change in circumstance.

      AFF

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      • #4
        Re: What could be my options?

        Originally posted by Disagreeable View Post
        I suspect you have no options. That is the standard method by which it is done. I am surprised a judge permitted it differently.
        Thanks for your thought. I'd believe the enforcement of child support should be usefull to collect payment from those people who may have potential problems, such as delay, lower amount and etc. To my case, I am good at past payment history and no any problem in front for the payment. Why it needs to be changed? Such change is different from what is defined in the order on stipulation. And such change should not be done automatically in DCSS and without judge involved. Am I right?

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        • #5
          Re: What could be my options?

          Originally posted by AFFA View Post
          I wish to inform you that child support orders can be modified only if there is a change in circumstances. If there is is no material change in circumstance then no modification can be done. You can appeal the judgment on the ground that child support cannot be altered as there is no material change in circumstance.

          AFF
          Thanks for your input. In this case, the basic child support order is not modified, except the payment method, which is changed from using direct payment to using SDU(State Disbursement Unit). Is this an issue that should be judge involved?

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          • #6
            Re: What could be my options?

            It's nothing to worry about with it going to SDU. It may be because she's on state assistance, which then requires payment be made to the state and not direct payment to the mother.

            One good thing about it going to SDU, the record keeping. You will be given an account and can access it online to print and maintain records to show payments have been made, you've always been on time, etc.

            I know it's uncomfortable, them contacting your employer, but it's also a very common practice today.

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            • #7
              Re: What could be my options?

              The Federal PRWORA law passed in 1996 required every state to create an SDU and every case payments MUST process through there. Some states lagged significantly in both creation and implementation. This may have been part of why it didn't happen at first.

              The SDU is essential bc if the payee collects Tanf or Medicaid it's the way the state gets reimbursed.

              Wage garnishments are required in some states, they are not just used for enforcement per se.

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