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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38773
Experience:  I provide family and divorce law advice to my clients in my firm.
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I had received my divorce in 2005, and child support payments

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I had received my divorce in 2005, and child support payments have been garnished from his wages ever since. But in the divorce decree he was also suppose to pay day care expenses. It was a specific dollar amount as opposed to a percentage. I figure at the time of giving him a break and making it easier to collect. The dollar amount was based on the current day care expenses at that time. divided by the percentages that were allocated by court based on our income differences.

In 2011, I received a job offer in Kansas city and I requested him for me to move to the area, I did not want visitation to change but he did since he was moving to Colorado. So Nebraska hold the child support authority but the Kids and I live in Kansas and my ex lives in Colorado.

I was told that if I wanted to get the back day care expenses then i would have to make him in contempt of court, and have him served by the county sheriff where he lives. Which I understand, BUT if he doesn't show up, I really don't want him to have a warrant for his arrest, I just want to get the back day care expenses paid. The day care expenses are no longer being accrued and the total balance that he owes is $15, 4xx.xx. (8 years) I really think he will not show up for this hearing since he lives in colorado, so I wanted to get a notice to pay or garnishment for these back day care expenses.
So background completed
I don't have a lawyer and I am filling the AFFIDAVIT AND APPLICATION for order to show cause, and the order to show cause myself and then will pay the sheriff to have him served in his county of residence.
When the hearing comes, instead of issuing a warrant I want to be able to ask the judge for a notice to pay or garnishment, but I don't want the garnishment to expire before debt is paid.
questions.
If the judge agrees;
How does this order gets process?
Will i need to file a garnishment? if so who collect this, the district clerk? or if i don't need to file a garnishment do i just request the district clerk to send a notice to pay to his employer?
and if/when he changes employment I would need to request them again to send a notice of pay???


The Nebraska child support does not collect for back day care expenses but only child support. So i
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

To answer directly:
How does this order gets process?
If a judge orders re-payment and grants you the funds by default, the next step is to 'domesticate' the judgment at the courthouse. Then, once domesticated, you can request a right to garnish wages, seek a bank levy, or obtain judgment liens against him. You would need to do so in the county where he resides.

Will i need to file a garnishment?
Yes, you would.

if so who collect this, the district clerk?
No, you collect it as you are pursuing this yourself. You are the one in charge of collecting your own judgments, although you can speak with the agency in charge of collecting child support, provide them with a copy of this judgment, and request that they additionally help garnish his wages for the arrears.

or if i don't need to file a garnishment do i just request the district clerk to send a notice to pay to his employer?
No, you need to file a garnishment order.

and if/when he changes employment I would need to request them again to send a notice of pay???
Correct, you would need to personally pursue him and if he attempts to evade by changing jobs, you would likewise need to keep finding him so as to serve the garnishment order.

Good luck.

Customer: replied 1 year ago.

When I talked with the clerk at the district court (I know they are not lawyers) they made it sound like it wound NOT be a garnishment but a notice to pay, and would thus be ordered by the district clerk sent to his employment, Not by me.


http://dhhs.ne.gov/children_family_services/CSE/Documents/Income%20Withholding%20Form.pdf


 


The form above is completed by the "court" and sent to the employer of the person whom owes the debt. since it has a box for other, and that this is part of the divorce decree?


 


The way I understand garnishments is that they are time sensitive and they would have to be extended if the person is unable to pay in 90 days then you extend for additional 90 days.


I don't understand why day care expenses are pursued the same way as child support because one can not work if you don't have daycare provider for the children. The system is very screwed up if I have to pursue day care expenses on myself, like if i was a business, and the person owed me money for non payment.


If I collected welfare, doesn't the courts go after the non custodial parent for all daycare expense but not if you make enough to were you are not on welfare.


 


I not sure you answered my question.


 

Expert:  Dimitry K., Esq. replied 1 year ago.

Amy, my apologies if you feel I did not fully address your situation. Please allow me to do so now.

You stated:

When I talked with the clerk at the district court (I know they are not lawyers) they made it sound like it wound NOT be a garnishment but a notice to pay, and would thus be ordered by the district clerk sent to his employment, Not by me.

 

http://dhhs.ne.gov/children_family_services/CSE/Documents/Income%20Withholding%20Form.pdf

 

 

 

The form above is completed by the "court" and sent to the employer of the person whom owes the debt. since it has a box for other, and that this is part of the divorce decree?

It is NOT part of the divorce decree, it is a separate motion. If you are seeking payment, it is not a divorce order, it is an attempt to compel compliance, which is something you would need to pursue personally. This form is part of the judgment that you obtain if you prevail once the order is domesticated.

 

 

The way I understand garnishments is that they are time sensitive and they would have to be extended if the person is unable to pay in 90 days then you extend for additional 90 days.

 

I don't understand why day care expenses are pursued the same way as child support because one can not work if you don't have daycare provider for the children. The system is very screwed up if I have to pursue day care expenses on myself, like if i was a business, and the person owed me money for non payment.

 

If I collected welfare, doesn't the courts go after the non custodial parent for all daycare expense but not if you make enough to were you are not on welfare.

 

 

 

I not sure you answered my question.

My apologies but I did not create the system, and I do understand it has many short-comings. But the reason child support and day care are treated differently in this case is two-fold. First, a child care expense is an additional assessment that is NOT part of the regular and general collection for support. Because it is an additional assessment, it is not an ongoing obligation but is instead based on a court order or decree. Second, as you yourself waived that obligation for a time, pursuing it now would require a court order--the courts and the agencies assumed in the past that this obligation was covered since you never claimed those funds before as a violation or obligation from him. This is why now an additional step is required showing that he is in contempt and owed the funds--then the amounts could be pursued.

 

Good luck.

Customer: replied 1 year ago.

Okay so when I go to the hearing for the contempt of court charges, what will happen if he show or doesn't show? I don't want a warrant out for his arrest I just want him to pay for these back day care expenses.


 


In response to not going after it before, I called the district clerk many times and they always said that he has to be held in contempt. That they don't go after day care expenses, I could sue him but it would be a one time payment and he will probably close his checking account.... etc etc. and that it really isn't worth it.


 


What does domesticate mean? and does the garnishment last until he has paid the debt in full because they can only take so much of his money or is it time sensitive?

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up, Amy.

If he fails to show at the hearing, you would prevail by default. The judge may choose to issue a warrant over his contempt of court order (you have no control over that, but you can ask the judge to consider not pursuing him). most judges, however, take it personally when someone refuses to appear so they issue a bench warrant almost automatically.

What you were told by the clerk is correct--this is a special assessment that is not considered to be support, so if he failed to pursue it, it would have to be via a contempt order.

"Domesticate" means to bring whatever judgment you have on someone to a specific courthouse and ask that this courthouse treat the order as if they themselves put it in place. Doing so then permits you ask in that court for a bank levy or a garnishment since by domesticating the order is validated. A garnishment lasts until it is fully paid off, including costs for collections.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38773
Experience: I provide family and divorce law advice to my clients in my firm.
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Dimitry K., Esq.
Dimitry K., Esq.
Attorney at Law
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I provide family and divorce law advice to my clients in my firm.