Husband doesn't want to file papers

[Villanelle 4,122]

Hello, guys, I not been using the forum for long time, I had to format my computer and all my bookmarks were gone so when I signed into my account I couldn't find this thread, don't know what happened, I guess it was moved once and "my content" didn't show me where it is, I thought it is deleted, but anyway I found you guys so I share with you what has been done and where we are now.

On Dec 5 I had a court hearing regarding child support/spousal support, I didn't have a lawyer but it went good, I explained I can't work and basically because of my husband who held me from filing for adjustment.. so long story short the judge ordered him to pay me about 12 000 for last 6 months (like debt) because I filed in June and then every month $867 child support and $1100 is spousal support. However he didn't pay this much, he only gave me 700 in January and 1000 in February which is still better than nothing. I'm trying to set up the automatic payment directly from his account to me but since I don't have a credit card or any bank account it's still .. well still working on it.

You dont need a bank account or credit card to receive child support or spousal support. I dont know what state you are in, but you need to look up the county child support office for your county. They are usually located in the same office as the welfare office. Just type into google child support and the county name you live in. Get a copy of the child support and spousal support order and bring it with you the the office in case they do not have it. They have a program called the eppicard. Its a mastercard they load the payments on to. They will automatically debit the amount from his pay based on the order and load it to the card, you just have to fill out a form. You dont need an appt, just go to the office.

So another hearing (remember I told you guys that the hearing for the divorce was scheduled for January first when I saw the divorce papers?) so this hearing took place actually and I thought it's for divorce, because..well that's what I thought. Now I don't know what happened because I really had to take care of an emergency with Tyler, nothing serious but I didn't get to the court room while was still at the court house. However my husband's lawyer came out in about 7 min after the hearing was supposed to start and told me they did everything without me. I found out that they (husband and his lawyer) trying to make me pay my husband's dept (whatever dept he has), since we were married it's our both responsibility as he told me. Not to mention I don't use any of those things that he has dept on neither I got any of what we had, not even my belongings. I asked him (the lawyer) to mail me the court order. He mailed me the old court order from Dec 5 I was like okay... I don't believe the court would order me to pay the dept that he has, I can believe he brought that to the court but can't imagine the judge going "oh ok, she is not even here but granted". Well since I was sure it's about the divorce I asked if we divorced yet, he said no. Next hearing is June 6.

I was also thinking of taxes, this is painful, so spousal support is a taxable payment, the court granted me spousal support but I didn't get it (obviously if not counting the dept for last 6 mo that he had then I got about 100 as a spousal support for 2 months)..do I have to file taxes?? Thank you for your attention. Hope everybody is well.

You cant count on his attorney giving you copies of things. You need to contact the clerk and obtain your own copies of what transpired that day. If it was something funky, you need to get it corrected. Yes, they can make rulings when you are not there that are wrong because you werent there to say wait a minute thats wrong. Youll either have to petition to have it amended immediately or wait until the next hearing- depending on what it is. (for taxes you'll only report the amount you actually receive in your hand, not the amount youre suppose to get- on his end he can only write off the amount he actually pays out, not the amount hes suppose to pay)

Edited February 15, 2013 by capri

[AstaMarisa 84]

I just got it, they said they can't do it for me, it is not enough to have a court order, I'm figuring this out right now. My social worker who helped with the faxing them papers told me it should sure work and they will debit the money streight to me but it seems I have to go back to court. I know that I can get a special debit card for child support and stuff but it's becoming unreasonable to do that if I can't get it automatically anyway. And this was through navy.

[Villanelle 4,122]

Im sorry I dont understand your first sentence (?) "they can't do it for me, it is not enough to have a court order," Who is "they"? And I dont believe there is a minimum amount required to have a court order in place to garnish money for child support. Whatever the amount is, is what they will take.

There are maximums- For child and spousal support payments, up to 50% can be garnished if you have another child or spouse to support. Otherwise, you could be garnished up to 60%. If you have to pay more than 12 weeks of back payments, you could be garnished an additional 5%.

But the child support office will create the court order to place the garnishment on him. You dont do it, they do.

[AstaMarisa 84]

It's through the navy, I can't look at the letter, i think I left it at my case manager's office as she wanted to take a copy. So this navy office (i believe it's called dfs?) said they need more than just court order, they need some other papers. I'm bad with legal stuff so of course I don't remember what exactly they need but as soon as i get it back I'll post here.

I can't get out of the house because my son is sick again so as soon as i pay for my phone I'll call this child support office , I should've done it before I just thought the navy will help.

[Villanelle 4,122]

Ok I understand. The court order and the things the navy needs shouldnt come from you. They should come from the child support office. You should have a child and spousal support order from a judge. You bring that to the county child support office where you live. It doesnt matter where he lives nor where he works. Your child support caseworker will deal with all that nonsense. You simply bring them the court order and they will enforce it. Thats what they do.

They will help you get the eppicard and they will collect the money from him. They collect both child support and spousal support.

You can call them but in cases of DV or where there are orders of protection involved they may not be able to help you over the phone and will require you to come to the office in person as privacy laws prevent them from discussing the case over the phone.

[AstaMarisa 84]

Oh, ok, I think I have a better understanding now. Ok I'll talk to them and hope it won't take too long for them to start the process. Thank you.

[Sandra G. 5,054]

murysa come over here to tell the news! Congrats my dear.Praise the Lord.

[AstaMarisa 84]

Hi, all!

I do have good news.
I just heard from my immigration attorney, my VAWA petition was approved!!!!

What to say, it's nearly the happiest day in my life! I'm just so excited to start new life feeling myself like a person, not a prisoner locked up in bad circumstances.

As for my child support case they just started enforcing the money, but for some reason I'm getting only child support or spousal support each month and never both, they say it will take time to get it work properly, this process depends on his employer and other factors. However, I'm happy to know that soon I can get a work permit. I'm not quite sure whether I have to stop going to school (I'm taking ESL classes now) and find a job immediately or not.

But I am in a big need of car. I really need to get a driver's license. Because the transportation system here is very bad, and my son's school is not on a way to anything, it takes me about 6 hours a day to get around (to his school - to my school - to animal shelter where I volunteer - to his school again - home). And he keeps getting sick from all those germs. This is probably the biggest challenge for me right now. But at least one of the banks finally let me to open an account. It's just a debit card but it helps me pay some of the bills so I don't have to physically go places to do it. With this card my life became so much easier, that's for sure!

So life is getting better and better and I'm glad that one day I decided to make a difference and many of you supported. Thank you.

It's interesting that from the time they received it and to the time they approved has been only 10 months. Just a miracle! Or maybe it's not only luck but a result of constant work and not giving up. I'm grateful for that chance to have same rights as every other person and I hope many of those who suffered in a past can get hope and opportunity to move on and just be free.

[Darnell 8,478]

What a massive step ! Congratulations !!!

[hikergirl 277]

Congratulations!

I wish you a happy future where you make your dreams come true!

[TBoneTX 45,663]

Good stuff, si man! Keep us informed.

[Asia 2,498]

Congratulations!

[Harpa Timsah 13,258]

Hearty congratulations Murysa and best of luck in your endeavors! Pat yourself on the back!!

[cappucino boy 29]

Murysa,

That's great news, it's about time. it sounds like you are doing well I'm so happy for you. Can you still stay in touch, I for one love getting the updates.

Hi, all!

I do have good news.

I just heard from my immigration attorney, my VAWA petition was approved!!!!

What to say, it's nearly the happiest day in my life! I'm just so excited to start new life feeling myself like a person, not a prisoner locked up in bad circumstances.

As for my child support case they just started enforcing the money, but for some reason I'm getting only child support or spousal support each month and never both, they say it will take time to get it work properly, this process depends on his employer and other factors. However, I'm happy to know that soon I can get a work permit. I'm not quite sure whether I have to stop going to school (I'm taking ESL classes now) and find a job immediately or not.

But I am in a big need of car. I really need to get a driver's license. Because the transportation system here is very bad, and my son's school is not on a way to anything, it takes me about 6 hours a day to get around (to his school - to my school - to animal shelter where I volunteer - to his school again - home). And he keeps getting sick from all those germs. This is probably the biggest challenge for me right now. But at least one of the banks finally let me to open an account. It's just a debit card but it helps me pay some of the bills so I don't have to physically go places to do it. With this card my life became so much easier, that's for sure!

So life is getting better and better and I'm glad that one day I decided to make a difference and many of you supported. Thank you.

It's interesting that from the time they received it and to the time they approved has been only 10 months. Just a miracle! Or maybe it's not only luck but a result of constant work and not giving up. I'm grateful for that chance to have same rights as every other person and I hope many of those who suffered in a past can get hope and opportunity to move on and just be free.

[Jacque67 7,328]

No no, I use it, I have a military ID and I can go to hospital. But he is saying to his office that we are divorcing and that he is a single father. So when he takes our son to the appointments I can't go with him because he won't let me appear near the baby, because he is trying to look like a single father. But the funny thing about it is my son has a techer and she comes over and she knows that I'm always here with my son. So I don't think it's gonna work for him.

I thought the marriage was a secret from the CO?