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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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We live in Delaware and my boyfriend has an IWO that he is

Customer Question

We live in Delaware and my boyfriend has an IWO that he is compliant with through his employer. The court ordered him to pay a 1,000 purge; he went in front of the child support enforcement agent and asked for an extension as he couldnt afford it due to the holidays. She would only grant him a 1 week extension at that time. Last night he was arrested and held in jail overnight pending an appointment today. My question is complex; how can they order a purge, arrest him and hold him when he is compliant with his IWO which includes extra money for arrears? How can we fight this and file a complaint against the Child Enforcement Agent?
Submitted: 11 months ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 11 months ago.

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

This is a bit complex but I will do my best to address each point. How long ago was your boyfriend in front of the judge?

Customer: replied 11 months ago.
The last time he appeared in court was Dec 14
Expert:  Dimitry K., Esq. replied 11 months ago.

When is this extension supposed to have been put in place, at the end of the 14th, or later on?

Customer: replied 11 months ago.
It was due on the 15th so 1 week from then ending on the 23rd.
Expert:  Dimitry K., Esq. replied 11 months ago.

Which he paid, correct?

Expert:  Dimitry K., Esq. replied 11 months ago.

I am also unclear as to why you wish to file against the agent--do you believe this person intentionally and knowingly arrested when he was aware that your boyfriend was current?

Customer: replied 11 months ago.
NO, he did attempt to but there was a problem with the online system which we were unaware of until yesterday. I have a 1,000 money order to take to court today. I understand thats why they issued a warrant what I dont understand is how they can issue a purge when there is a current IWO and he is paying weekly, and I want to file against the agent because they wouldnt offer a payment plan or any other options; her exact comment was dont pay ill have you arrested, now he is at risk of losing his job and not being able to pay anything. He asked what else could be done and she was very ignorant.
Customer: replied 11 months ago.
My understanding from all the research I've done is that if there is an IWO and it includes backpay for arrears they should not be able to order a purge and that if he tells them he cant pay they are supposed to work out an agreement of some sort before going to this extreme.
Expert:  Dimitry K., Esq. replied 11 months ago.

Let me go down the list here based on your concerns.

There is a misconception that the state has to offer a payment plan in situations where the party is unable to pay. That is false. While most courts, states, and agents tend to be reasonable and attempt to work with the parties, the DO NOT have to. Suing them over filing to offer a payment plan will not work. They are at times very ignorant, that is true, but they do not have to be flexible--if there is a court order in place, they can collect on it.

Now, as far as having an Income Withholding Order, they can collect only the amount listed under order, and unless the order expressly states that they are unable to lock all of the funds, they are free to do so. It is up to your boyfriend to argue that part of the funds is for his personal needs and debts which cannot be removed. A 'purge payment' can be ordered if your boyfriend is behind, even if for a day, and likewise, a warrant issued. Typically that is very extreme unless and only unless your boyfriend a has a history of non-payment. Does he?

Customer: replied 11 months ago.
He was without a job for awhile and had a history of non payment during that time. Since I have been involved over the last year he has paid 6,000 of the back pay and continues to have the IWO taken from his check every month. I understand that they can be that way, the Officer in Dover worked with him due to the fact he had paid so much backpay and was making his weekly payments. His ex didnt like that and had the case moved to georgetown where the Officer is less willing to work with people or be forgiving. I know he can not sue the Officer but he can file a complaint and I believe he can request to not deal with that officer; am I correct?
Expert:  Dimitry K., Esq. replied 11 months ago.

That is correct, he can request a new officer and file a grievance with the supervisor. Being unreasonable with no basis can cause the department to assign someone else, or even have the supervisor personally take over the case to work with your boyfriend directly.

Sincerely,

Dimitry, Esq.