Child Support - St. Mary's County

[The_Twisted_Ear]

A close friend of my daughter is experiencing something rather strange - so, I will present it here for comments...

1. Divorced with three kids.
2. Judge (St. Mary's County) awards $300 per child totalling $900 per month to be paid through Maryland Department of Human Resources.
3. Father doesn't pay for 6 months (behind $5,400) and get a court notice.
4. Father pays $900 just before court hearing.
5. She calls the Maryland Department of Human Resources and they say because he just made a payment - that payment applies to current month and is flagged as up-to-date so court date is cancelled.
6. Divorced girl questions what about the other 5 months - she is told that is handled by another office - but they can't provide that office name?
7. Father is behind again and appears will wait 6 months and make one payment to get out of court date when it arrives.

Does this sound right?

 

[Dupontster]

Sounds like someone knows how to and is playing the system?

 

[sockgirl77]

A close friend of my daughter is experiencing something rather strange - so, I will present it here for comments...

1. Divorced with three kids.
2. Judge (St. Mary's County) awards $300 per child totalling $900 per month to be paid through Maryland Department of Human Resources.
3. Father doesn't pay for 6 months (behind $5,400) and get a court notice.
4. Father pays $900 just before court hearing.
5. She calls the Maryland Department of Human Resources and they say because he just made a payment - that payment applies to current month and is flagged as up-to-date so court date is cancelled.
6. Divorced girl questions what about the other 5 months - she is told that is handled by another office - but they can't provide that office name?
7. Father is behind again and appears will wait 6 months and make one payment to get out of court date when it arrives.

Does this sound right?

Yes and no. I've fought this battle for over 8 years. Yes, it takes a "father" to be 6 months behind before they finally drag him into court. But no, his court hearing should not have been cancelled and he should not have been made current. She needs to go to the DSS office and have someone help her out. Calling the DHR office is pointless and if you call DSS they'll just route you up to DHR. Also, she can keep track of it here Department of Human Resources. If she's not registered, she needs to.

I talked with a friend at the States Attorney's office and they are working hard to change the process this year. Some of the changes are good and some are not. For example, the custodial parent was never required to go to these arrearage hearings. Now they will be required to take off of work to do so. They are also speeding up the process to have the absent parent's drivers license suspended. Now DHR will argue that it serves as a wake up call to the absent parent. However, I do not feel this way. Either they'll continue to drive on the suspended license or they'll use it as an excuse to not work. Either way, it doesn't help getting the child support paid. I feel the same way about jail time. It's really pointless to put someone in jail for not paying their child support unless they are guaranteed work release and have a ride to work. However, that is not the case the majority of the time. OH and here's the kicker...if the absent parent should land his deliquent ass in jail without the option of work release, he/she can get his/her payments suspended and NEVER owe child support for the time that he/her are in jail.

The child support system in St. Mary's County is quite pathetic.

 

[aps45819]

State's attorney

 

[sockgirl77]

Also, if/when he goes to court he'll never be asked to pay the full amount. They'll give him a purge amount to keep him out of jail, but that's all that he'll be required to pay. Here are some examples:

Defendant present and admits to being in contempt for falling in arrears in the amount of $1,589.00 and sentenced to 179 days SMCDC with work release authorized. Sentence suspended upon the condition that the Defendant pay a purge of $350.00 by 12-30-09 at 1:30 pm. Defendant ordered to appear if purge not paid in full. Order and ID Sheet filed.

Defendant present and admits to being in contempt for falling in arrears in the amount of $2,340.00 and sentenced to 179 days SMCDC with work release authorized. Sentence suspended upon the condition that the Defendant pay a purge of $500.00 by 08-18-10 at 1:30 pm. Defendant ordered to appear if purge not paid in full. Order and ID Sheet filed.

Tell your friend "good luck", it's a tough battle.

 

[The_Twisted_Ear]

Yes and no. I've fought this battle for over 8 years...

Thanks a bunch for the quick reply - I just forwarded your reply.

Again - thanks.

 

[RoseRed]

Where's JPC?

 

[sockgirl77]

Thanks a bunch for the quick reply - I just forwarded your reply.

Again - thanks.

You're welcome.

 

[iris28]

Yep, sounds about right in my case. And heaven forbid he own his own business...then he'll never have to catch up because there's no one to garnish wages from. Its an uphill battle. I wish her luck!

 

[sockgirl77]

Where's JPC?

Still not being a father to his son.

 

[donbarzini]

Where's JPC?

Shhhhhhhh! You'll wake him

 

[Gilligan]

Yep, sounds about right in my case. And heaven forbid he own his own business...then he'll never have to catch up because there's no one to garnish wages from. Its an uphill battle. I wish her luck!

They can/will still file liens (and can/do take money from bank accounts) and intercept tax refunds..that kind of thing.

 

[sockgirl77]

They can/will still file liens (and can/do take money from bank accounts) and intercept tax refunds..that kind of thing.

DHR has to file for that and good luck with that. If they do not do it by October of every year, they cannot intercept the tax refunds. And most absent parents know to make a payment just before October so they do not do it. And I have yet to hear of one case where they file a lien from a bank account.

Oh but they do intercept life insurance payouts.

 

[DoWhat]

If the father is planning on getting a tax refund through the state of MD., he will not get it. State will take it and apply it to the child support.

 

[Gilligan]

And I have yet to hear of one case where they file a lien from a bank account.
:

I have. They retain the services of at least one "local" private attorney who does little else but freeze accounts and confiscate the contents. He makes a killing on the deal because his fees are taken out out of the payer's hide too. I know of one specific example where he froze an account, grabbed the 2 or 3 thousand that was in it, and then charged about $1500 for his "fees".

Maybe its only the one guy working this whole area?

 

[sockgirl77]

If the father is planning on getting a tax refund through the state of MD., he will not get it. State will take it and apply it to the child support.

Not if the state does not file to intercept it. I've been going through this for over 8 years and they've only intercepted my ex's taxes once.

 

[sockgirl77]

I have. They retain the services of at least one "local" private attorney who does little else but freeze accounts and confiscate the contents. He makes a killing on the deal because his fees are taken out out of the payer's hide too. I know of one specific example where he froze an account, grabbed the 2 or 3 thousand that was in it, and then charged about $1500 for his "fees".

Maybe its only the one guy working this whole area?

I guess I've never been lucky enough to sit through those cases. I think that rule should apply to every delinquent parent. They should yank the money right out of their bank account. However, most of these losers do not have bank accounts.

 

[Gilligan]

. However, most of these losers do not have bank accounts.

Good point. Or if they do, manage to hide it from the system somehow. I've no idea how the attorneys that confiscate accounts for DHR find them and find out how much money is in them...

 

[luvmygdaughters]

My daughter goes thru this all the time with her ex. He owns his own business and has never had a garnishment upon his wages. He' s constantly behind on his payments but manages to make a payment just in time to keep his sorry a$$ out of jail. Maryland is a complete joke when it comes to Child Support. Good Luck to your friends daughter, she'll need it.

 

[The_Twisted_Ear]

And, you know what the kicker it? If you try to hold back child visitation rights because of no child support payments - YOU can lose custody! Maryland consider's both separate entities - unreal!