From: jsw@cray.com (Jon S. Wood)
Subject: Re: Legal Question
Reply-To: jsw@cray.com
Organization: Male Slaves, Inc.
Date: 21 Jan 93 10:39:20 CST

In article 727553454@micro, danielle@micro.caltech.edu (Danielle Sanine) writes:
>bobk@dogear.spk.wa.us (Bob Kirkpatrick) writes:
>
>>If you owe child-support, and the order is forwarded from Utah, then the
>>answer is yes. Washington now requires that payments be made to Office of
>>Support Enforcement. They will institute a garnisheement on your wages 
>>if you're employed.
>
>Bob,
>
>I have a similar question.  I have my child support taken out of an
>account by the OSE in WA.  My wages are not garnished and I have
>never been in arrears on child support.  I will be moving back
>to WA later this year, changing jobs, etc.  Will they automatically
>garnish my wages or will they just keep taking it out of my acct?
>I guess the question is: at what point do they force those of us
>paying on time to go to wage garnishment?
>
>Danielle


 My guess, (worth $0.0) is I wouldn't know. 

 Mn requires employers of "child support payors" to notify the state
of a change in employment. If I were to change jobs, my current employer
would be required by law to notify Hennepin County Collection Services.
HCCS would in turn file a request to my new employer stating the judgemnent
and law requiring the new company to withhold XX dollars in wages from 
the law-abiding-never-missed-a-payment-never-a-late-payment NCP.

 Call the agency within Big Brother's Domain of the Fine State of Washington
to inquire what the law is. Most likely the law in the county in which
your former live-in children reside would be the most accurate. These
rules can change depending on the county (was true in Mn from 9/87 through
2/89).

 When I moved from Mn to Wi because of a new job, there was a momentary
interruption in employment (a week?) and the customary delay in receiving
a check. Forgetting all the details by now, I do recall having to wait
about 3 to four weeks before my first paycheck because I started in the
middle of a payperiod. Also in the process of changing jobs and moving, 
I didn't feel it was necessary to require the company to pay my moving 
expenses. For one, my posessions after the divorce amounted to a large
pickup load and secondly, not having the resources (cash) to plump down
on a months' rent, plus the traditional second months rent, phone startup
costs etc. it would have looked foolish to hire United Van Lines to fill
up 5% of a semi-trailer hauling my crap around waiting for me to find
a one room dump in the "college kid" housing section located on the 
flats of the Chippewa River in Eau Claire. 
  Hang in there, I'm getting to my point. 
 So, guess what happened about 3 months later when Hennepin County finally
got around to figuring what my child support account? I was BEHIND. When
you're paying more than 500 bucks a month, it didn't take HCCS long to
realize that I was behind by over a thousand. Here's how they 'figgur' it.

 I was divorced on 1/8/88. When HCCS came a calling on 2/1/88, I was by
there accounting methods already 930.00 in arrears. My 1/15/88 check was not
garnished by Honeywell (honeybuckets), the 1/31/88 check was. By 1/31/88, 
I had already payed half a months child support for the month of January.
I prorated my child support by dividing my monthly obligation at the time
of $465.00 by the 31 (days in January) to get 15 bucks. I subtracted the 
seven days I wasn't divorced in that month to reach a total child support
obligation for the month of Jan. 1988 at $360. 
  HCCS claims on 2/1/88 (monthly statement) that I owe 930 (jan/feb 88) 
and I claimed I owed 360 for January of which I PAYED 232.50 on 1/31/88 (hey, 
it was taken out of my check, not my problem if Honeybuckets and the
county take 4 years to account for it, right? wrong!). To complicate
matters, Honeywell figured my payments based on a mystery number. The 
actual payment garnished was 225.37. This number made absolutely no
sense, it wasn't even the correct number for determining payments based
on a 26 per year schedule (honeybuckets union payroll schedule) and
not 24. I NEVER did or was able to straighten that out. The county and
the company all claimed innocence. It was determined to be MY fault in
court. 
 So, on 2/1/88, the county had labeled me a dead-beat, partial payment
statistic, when in fact I was only behind in child support on February
1st 1988 by a whopping 127.50, not the 930 number reported to the 
world by HCCS. I ignored the bastards after having written countless
letters (HCCS was and is buried by human waste, paperwork and scum) and
pleaded with my case worker (something like a parole guy) to straighten
the whole thing out. By the way, my paycheck from Honeywell (1/2 a months
takehome) equaled 297.48 because the Honeywell credit union was
continuing their job of subtracting the wife's car payment. 
 I was one angry puppy on 2/1/88. I was sleeping on a friends couch 
with 297 in my pocket, a mountain of Dayton/Hudson jewelry-clothing
debt and I'm reading a letter from HCCS claiming I owe them 930 bucks. 
I could have killed.
 Do to the accounting error at Honeybuckets, I also fell behind my
payments by about 30 dollars per month AND, on April 1, 1988, an
announcement from HCCS claimed that my child support was increasing
by 9.76% because of the NEW state law giving her an automatic cost
of living increase. The anouncement goes to everybody, except my
employer. By the time it kicked in, a month had already passed (2 pay
periods). 
 BOOM!!!!  A letter from the post office said that unless I appeared
in court five days from now to claim innocence, the county is going
to increase the garnishment. No attorney felt it was worth their time
or my money. "Just pay Jon, you're male, you work, you're fucked" (actual
quote from my attorney). 
 I didn't make the court date 125 miles from my home in another state.
 BOOM! I was then paying 650 per month. 
   1/88 alimony award = 465.00
   4/88 COLA award    = 510.00
   8/88 new judgement = 650.00 
  
9/88; Jon seriously considering; suicide
                                 murder or both
                                 lawsuits
                                 dropping out; ride the trains
                                 

In complete frustration, I took a day off of work and went down to Hennepin
County Government Center, clawing my way through the hordes of attorneys, 
judges, overpayed underworked government employees and sharing a cigarette
with a schyzophrenic drunk who called the lobby his home. Two hours passed
until I found the 12th floor where saps like me and attorneys are filing
papers and handing over 75 bucks. (the fee now is 90 and climbing). 
I discovered you need "special paperwork". I discovered the people there
cannot help you with the paper work, I was told to walk down the hall
to an area where they have worn out and tattered books to help you with
the paper work. I discovered an office supply outfit on 5th and Nicollet
where you can purchase the paper work for 75 cents a shot. I discovered
they do not want to make it easy, thus keeping lawyers off the street
and making big bucks. 
 In tears, back in front of the 12th floor desk, a man of my age walked
up and sat down. He knew why I was there, he knew exactly who I was, in the
sense that I was not the only man distrought over the loss of his children, 
home, wallet, dignity and disgust with the system. He offered to help me
for a fee far less than an attorney. He also told me he'd been arrested
for doing this. He worded his offer very carefully, if ya know what I 
mean. He inspired me to become my own attorney.
 I discovered since I didn't respond in person to file against the original
court order to show up and plea my case, I was now required to pay the
90 dollar fee in order to take it back to court. NOTE: It didn't cost
the EX one pleepin' dime. HCCS is only 200 steps and a free ticket
away from filing claims against an innocent man.
 By the time the I got my court date, I already had payed MORE than
was necessary for the arrears. 
 The judge said it was a moot point by then. Forget it Mr. Wood. 

 I stated that there is NOTHING in the law that requires child support
to be due on the 'first of the month'. Please read Mn Statute 518.64.

 Another affidavit also showed
that the divorce decree had no references to WHEN child support was
due and how it was to be payed. The judge ignored it. In other words
your honor, how in hell can I be in court paying exceedingly high
child support arrearages when I've never missed a payment. 

 Basically, in the end the judge said let's just forget it, you've made
up the arrearages, the county is satisfied with the payments, so now let
me go vote (November X, 1988). 
 I shouted to the bastard as he left the chamber "What ever you do, don't
vote DFL and let them anti-male creeps continue this sharade". He turned
and smiled.

 It took three appearances. The first time my child support parole officer
failed to show up. Note: The judge acted as if it was no big deal. 
 The second appearance, the judge, admittedly confused by the mess, 
asked to review my paperwork (I had to threaten Honeybuckets with a law
suit to get them to send microfiched/archived records of payment), 
my current employers payschedule history, the county records etc. 
 The third and final appearance became moot. The judge said that I already
complied (thus ignoring his obligation to sort out the mess) and that
the county agreed to 'credit' me for the 600 dollars I overpayed in child
support by writing me a check. I did not receive the money for 3 months. 

 Is the system screwed up? 

 Not in the eyes of feminist sympathizers in the state legislature. Letters
and phone calls did not help. Most all of the agencies claimed innocence.
The law makers said the good (get those dead-beat men) outwayed the bad
in this system. "Sorry, even though we sympathize with you, we must 
continue garnishment in this manner." 

 The County's accounting system has only gotten worse. In the states'
hell bent fashion for destroying civil rights in the name of women (oops
children), they have now moved the accounting data base into the hands
of a state agency. No statement no longer registers what would resemble
a credible statement of payments and receivables. My statement only
shows two numbers. The amount owed for the beginning of each month
and the amount they received in that month. This strange method accounts
for why I have been in various amounts of arrearages. Then, like a 
wand waved over water, the next month I'm completely even, followed by 
next months statement that shows I am arrears exceeding my monthly
obligation. This is impossible. But not with Big Brother in charge. 

My saga continues............