wage garnishment question

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Motorhead168

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My girlfriends ex took her to court last month to try to get his CS payment/garnishment reduced because he's going to school and will be on EI for all of May and June just like the past couple of years. However, when they went to court late last month the judge knew he didn't have a clue how to represent himself so he asked if he wanted it adjourned until he was better prepared, and said yes. He also strongly advised him to get some sort of legal advice before it went back to court later this month.
Anyway, the point of my rambling is that here it is April 14th and there still haven't been any wages garnished this month. The latest it's ever been before was the 9th of the month. The judge said absolutely nothing about him not having to pay this months $425 the day they were in court, so whats up? Could he have convinced his employer to not garnish anything this month because he's about to go on EI and needs the money (or whatever) ? Or is it something else related to the upcoming court date?
From what I've read, an employer can get into a lot of trouble if they refuse to garnish someones wages when ordered by the MEO.
 
Also, she's unable to call the MEO to find out anything until Tuesday morning. All the automated system says right now is that the most recent payment was received last month.
 
He can't ask his employer to stop garnishing wages. If his employer did that then the employer would be on the line to cover the cost of the support. It has to be ordered in order for FRO or (MEO? not sure what that stands for) to stop garnishing wages.
This is what I know from the research I have done re: wage garnishment, plus as an employer myself who has had to deal with FRO with employees I know I couldn't just stop garnishing the wages.
 
Do you know if he's still working? It's possible that he didn't earn a pay cheque, which means there would be nothing to garnish.
 
She called the Maintenance Enforcement Office today and was told that there's nothing on file so either his employer is taking forever to remit the garnished wages or he's quit his job.
He's a classic example of a loser father who thinks he's a great dad even if he's not paying his sons bills, so my vote goes to quitting his job.
 
If it turns out that he quit his job, without a having a legally justifiable reason, then your friend can ask the court to impute his income.
 
Teenwolf said:
If it turns out that he quit his job, without a having a legally justifiable reason, then your friend can ask the court to impute his income.
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In my opinion imputing income should be used when the person's tax return does not reflect what they are living off (ie supported by spouse, unreported income,...).

It should not be used to pretend they are making more than they are.

"legally justifiable reason" to quit? Why do divorced parents have to have this to live the life they want? Not the society I want to live in.

Everyone has income in the sense that they must live on something - and that is what they should pay CS based on. To impute an income that does not exist is not reasonable.
 
billm said:
In my opinion imputing income should be used when the person's tax return does not reflect what they are living off (ie supported by spouse, unreported income,...).

It should not be used to pretend they are making more than they are.

"legally justifiable reason" to quit? Why do divorced parents have to have this to live the life they want? Not the society I want to live in.

Everyone has income in the sense that they must live on something - and that is what they should pay CS based on. To impute an income that does not exist is not reasonable.
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I agree and understand your point of view; however, imputing income has it's time and place. There are deadbeat NCPs out there that are willing to live in a tent, if it means not paying child support.
 
Teenwolf said:
I agree and understand your point of view; however, imputing income has it's time and place. There are deadbeat NCPs out there that are willing to live in a tent, if it means not paying child support.
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I disagree, there is no time and place to impute income that does not exist.

Your example does not make sense anyway - if they would be wiling to go so far as to live in a tent, you can impute all the income you want, they still won't pay.

Also, I don't believe people intentionally make less money to pay less child support - it does not make financial sense, as child support is a small percent of income. They may hide income (a reason for imputing), but they won't make less intentionally.
 
An update: dear old dad has since quit his job and refuses to tell my GF and MEO where he's now working.
Wow this is the type of lowlife piece of garbage I see so many other pissed off dads defending on the board.
 
My ex has never paid any child support for any of his kids and never will.He lives off his common law at the moment and comes up with phantom illnesses with no medical proof,as various excuses why he cant work.Be grateful you got any money out of him at all.There is plenty of guys who will remain in the cash jobs just to avoid paying a penny forever.Besides if he hasn't physically assaulted ,endangered,verbally abused and emotionally abused his kids then his parenting cant really be questioned.My ex did all that and more and tells everyone what a committed dad he is!!!If he is going to school then he may not have a whole to live on and there is nothing that can be done about that.Good news is that he most likely will get a better paying job when he is finished and be able to pay more CS.Look on the bright side:)
 
murphyslaw said:
If he is going to school then he may not have a whole to live on and there is nothing that can be done about that.Good news is that he most likely will get a better paying job when he is finished and be able to pay more CS.Look on the bright side:)
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I tend to agree with this...I may be a little biased here, but in 2011 my bf made less than he has ever made...this was due to a number of job changes, not because he was dodging responsibility, but because he had two jobs in 2011, both which ended up costing us money and one actually owed hum $7500, which he never saw.

Because of this his CS payments dropped drastically... however, he has continued to raise his income in 2012... he just accepted a new position with an insurance company, the base salary for this job is $54,000 plus commissions on top of this... if this pans out as it should, the children's standard of living will increase (hopefully) as his ex will see a major increase in CS.

Hopefully once this school is done, Dad will step up...I understand this may never happen in your situation, but if Dad is not given the opportunity to provide a better life for himself and his children, you may be always stuck with this... you really can't get blood from a stone, so if he has nothing, the CS on nothing is, well, nothing...
 
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