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Author Topic: child support  (Read 1996 times)
jk
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« on: March 15, 2009, 08:49:09 PM »

When is child support considered late?  As long as it is paid within the month, can any legal action be taken?  Does getting a letter from an attorney demanding payment be made to the child support service center within the first 5 days of each month require any action?  Finally, I understand that cs can be recalculated every 3 years, but what if there isn't a change in pay?  Is a court appearance or hiring an attorney necessary to prove no change in pay?  Thanks, all.
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TC
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« Reply #1 on: March 15, 2009, 11:37:41 PM »

Late will depend on your decree and your local DHR.

As for the attorney demanding you pay by a certain date...would depend on who the attorney is representing.  You should have a case number for your local DHR...call them and ask them.

As for the 3 years...that is fairly standard....every three years DHR will review everything and adjust as necessary...very standard really.....I never had an attorney represent me at these type hearings.....more than likely they will just reveiw the last three tax returns for both parties, plug the numbers into the formula and see what it spits out...if there is a change it will take a court order to make it legal....again, just a formality.

TC
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Don't ask unless you want my honest opinion.  I'm not here to hold hands and I don't pull punches.
jk
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« Reply #2 on: March 16, 2009, 08:05:21 AM »

Is DHR always involved?  Payment is made thru child support service center, but each party was represented by attorneys not involved with DHR.
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TC
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« Reply #3 on: March 16, 2009, 09:00:37 AM »

Some states call it DHR, some child support services center...basically the same thing.
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Don't ask unless you want my honest opinion.  I'm not here to hold hands and I don't pull punches.
livealittle
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« Reply #4 on: March 16, 2009, 09:07:51 AM »

in AL, child support is not considered late until it is 30 days past the due date.

for example, my x was ordered to pay child support on the first day of every month beginning Oct 1, 2005.  I can't count March 2009 payment as late until March 31, 2009.
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jk
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« Reply #5 on: March 17, 2009, 08:41:19 AM »

So, if an attorney sends a letter requesting payment be made within the first five days of each month, can it just be ignored until actual court papers are sent?  I am in Alabama and payment always arrives around the 20th.  If an attorney sends a letter requesting a recalculation of cs, does the other party have to comply, especially if there is no change in pay?
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TC
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« Reply #6 on: March 17, 2009, 08:52:04 AM »

Who is the attorney representing?

If he is representing the DHR then you need to contact them...if the attorney is representing your ex....you don't have a lot to worry about imo.

TC
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bamacutie
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« Reply #7 on: March 17, 2009, 10:17:03 AM »

I wonder if that attorney is harrassing you?  I don't know what the law says about all that but it seems like they are trying to intimidate or bully you.  And are you sure the attorney is sending the letter and not someone else with a copy of the attorney's letterhead?  I just got done with a whole bunch of mess with my ex and my attorney was a real great one but I cant see her sending out letters for something so minor.  But all of them are different I guess?
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