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Magistrate said divorce final January 1st. Took lawyers until mid-February to get the journal entry typed and signed and to the

Cleveland, OH |

judge. So, this held up my child support and spousal support. My ex could have been making payments to CSEA but he didn't. So now he is $4300 behind and they are taking the extra 20% out of his pay. He has the money to pay the back support, he's just punishing me because taking $80 out of his check every week is not hurting him, it's hurting me. He has a commission account that he can draw from at any time. Why can't CSEA go after that? Also, he bought a new car two weeks ago and just went to Punta Cana. How is this fair? He makes six figures. What can I do to get the money? And we are not getting a refund on our taxes.

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Attorney answers 3


Not all accounts are attachable. As for how he spends his money, that is for him to decide. The court order is the court order. He is behind, but he is compliant with the order, so there is really not much that can be done. How is this fair...well, its not. Whatever you got from your divorce was either an agreement, or was what the court ordered. It is supposed to be fair, just and equitable. Some people just don't do what is right nor proper. It does not sound like there is a lot that can be done right now. Sorry. Good luck.

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First off a month and a half is not entirely unreasonable under most circumstances. I don't know what a "commission account" is but if it's earned income, the CSEA can theoretically seize it. I would provide the information to your case worker.

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On the issue of how long it should take to submit a "Journal Entry" to finalize your Divorce, generally when parties to a Divorce reach an agreement, the Judge will advise the attorneys as to the deadline to submit whatever final documents need to be submitted to the Court to finalize your Divorce. As for how many weeks it can take, it generally depends upon the complexity of the Divorce Decree, Shared Parenting Plan, etc. In my experience Judge will usually give attorney's between 2 to 4 weeks to submit final Orders, however, if the attorneys are disagreeing about the language or content of the "agreement", sometimes it can take longer. I think the key in quickly completing final documents in a settlement is to have the terms of the settlement clearly stated and agreed upon, in writing, before calling the case settled.

As for the child support arrearage issue, the fact that he has failed to pay you pursuant to the Divorce Decree is a violation and should be Contempt. File a Motion for Contempt for his failure to pay child support and seek reimbursement of your attorneys fees. If he is acting like this now, and you don't do anything about it except complain, then he will get away with paying the extra 20% to liquidate his arrearage, however, if you serve him with your Motion for Contempt perhaps he wont be so quick to violate your Divorce Decree in the future.