Remember all of those shit sundaes I had to consume over the last 5 years? Well… it looks like someone is getting a big ol’ hot karma sundae right about now.
First, I want to point out that August 14th was my first D-Day. Pretty much. I mean, he confessed to “texting” Harley back on Mother’s Day weekend but then I was contacted by her husband that day, letting me know they were still talking. Jerry Lee’s first big payment is coming out of his paycheck on the 7th anniversary of me finding out. I do believe that’s what they call irony.
Second, Jerry Lee has been very… what’s the right word for it? I don’t want to say kind. He’s still very robotic and business-like in his communication. But he definitely has a new attitude to say the least. No more snark. No more condescension.
He contacted me again today to see if the direct deposit had hit my account. This was at 8 in the morning. It has not hit yet, in case anyone was wondering, but I can see it pending in some ACH warehouse. I wouldn’t be able to see it if I didn’t work at the bank.
All of this is just background information. It’s not where he gets the hot karma sundae. This is.
I just received notice from Mississippi that you are garnishing my check. You cannot garnish my check AND have direct deposit from my employer.
Are you kidding me? For months I haven’t been able to get anything done and now you’re telling me I’ve managed to not only take him to court and get him to directly deposit payments into my accounts but also I’ve got Mississippi garnishing him for the other half? Well hot damn!
Also, WTF Mississippi? Did my caseworker not tell me less than a week ago that Mississippi had closed the case because he no longer lived in the state?
I will admit I got a chuckle out of that. I can only imagine the look on his face when he read the notice. I really wish I were there when it happened. Maybe the imagination is so much better.
The fun had to stop eventually. I’m not a cat toying with a mouse. I wrote him back and let him know that Mississippi couldn’t garnish him and that they had dropped the case. I really wanted to add, “Don’t stress yourself,” like he did to me so often, but I didn’t.
He continued on.
I just received it today and it is dated 8/6/20. Do you have any documentation of when they dropped it? And did the direct deposit go to your account today? I want to make sure it didn’t go to the wrong bank?
Seriously, Jerry Lee? You think I don’t know my routing number? I type it in all damn day. I think someone is getting a little anxious. Couldn’t get him to pay on time to save my life before. Now he thinks I’m getting it early.
So I replied that I didn’t have any documentation per se but that I did receive an email from the caseworker about a week ago telling me that they had closed the case. Again I assured him that they had no jurisdiction over him.
Now, normally at this point in the conversation he would be very snarky and condescending. He’d probably be making accusations and calling me all sorts of names. This time though he had a different response.
Would it be possible for you to send the email to me so that I can send to corporate to stop the garnishment?
Wow! That’s a lot different than: UFC! It’s almost like he’s got a suspended jail sentence hanging over his head. And like he’s not going to have any money from his paycheck unless I give him some back.
About 30 minutes later he texts again.
I called the DeSoto County DHS and the garnishment is valid. They will begin to garnish and have sent to my employer.
Huh. Well, that’s news to me. No one has told me a damn thing, aside from, “Hey, they’re closing the case.”
Can you believe this shit? I couldn’t get anyone to do anything for me for months and now that I finally have a court order in place Mississippi suddenly gets its shit together and wants to start garnishing him.
The idea of him getting fucked twice pleases me immensely but I’m trying hard not to gloat. This could all go very badly for me.
He ended the conversation by letting me know he was going to contact his attorney to see if the garnishment could be stopped. He actually thanked me for my help (he actually said he appreciated my help on this). I don’t know if he was trying to appeal to my sympathy or what but at the very end he threw in this lovely tidbit:
As you are aware, I don’t even bring home enough to pay you $4880 direct deposit and $4900 in garnishment.
Sounds like someone needs to get a second job.
I’m a nice person. More importantly, I’m an honest person. I’ll give part of it back if it comes to that but still… Oh God, I laughed so hard. Every time I would think about it I would smile and giggle a little. Then I would say, “I shouldn’t laugh.” My mom was right there though and she said, “Of course you should! He’s put you through hell for the last 5 years!” When I mentioned the second job she said it was about damn time he had to work a second job. She reminded me of all the months I spent working two jobs when I was getting nothing from him, or how I donated plasma for months on end to make sure I had money for Christmas when he modified spousal support. It’s about damn time he sweats it for a little bit.
I think that was the funniest part. He gets to sweat it out for a while. It seems like he’s afraid of terminating the direct deposit which means if the state does come after him I’ll take his entire check. He’ll give me half and the state will come in and take the other half. How ‘bout that? I couldn’t get anyone to help me for months and now I’ve got more help than I need. I may have managed to commandeer his entire paycheck. I know. I’ve said that three times now. I’m still amazed. He will be at my mercy to get half of it back. Because I don’t think he’s going to stop those direct deposits. I do believe he’s afraid of our judge. It seems his lawyer made a believer out of him.
You’d be proud of me. While I did contact the caseworker (more on that in a minute) I stopped short of contacting my attorney. I figured why should I pay for answers? I’m not the one paying my entire paycheck to my ex. Seems to me he should be asking his lawyer those questions. Not me.
I am hoping that the caseworker gets back to me soon. I only work about 2 blocks from her office so if I have to I’ll make a trip down there tomorrow afternoon. The only reason I’m concerning myself with this is because I don’t need Mississippi coming in and garnishing him.
Let’s face it. I’m not really going to get his entire check. Even if it’s somehow sent to me I know I’m not entitled to the whole thing. Right now according to our agreement through the court system in Virginia he’s paying $1000 more per month than what he should be. I haven’t seen the orders from Mississippi so I have no idea how they came up with $4900 but I know they didn’t calculate child support at $2100 per month. Even using his imputed wages it’s not that much. At most I could probably get $400 more per month in child support from them; however, from what my attorney told me they would only be garnishing him as long as I was collecting child support. That $4900 figure he quoted must include some of the arrears. Plus, as it was explained to me when it comes to arrears child support is paid first, then spousal support, then legal fees. What does that mean and why is important?
It means that as soon as he’s paid his arrears in child support they will no longer be garnishing him. If child support arrears are paid first, he will never be garnished for the spousal support arrears. They won’t even touch the legal fees. That has to go through the courts. If Mississippi somehow has taken jurisdiction then I’m going to get screwed out of more than $35,000. THAT is why I’m contacting the caseworker tomorrow.
Despite the fact that I assured him Mississippi has no jurisdiction over him I really don’t know that. I’m regurgitating a bunch of stuff I’ve been told.
From the very beginning the caseworker has said that the home state (meaning his home state) needs to take jurisdiction from Virginia. I don’t know how they do that. I don’t know how many hands are in the pot or how easy it is to take a case from one state and give it to another. I don’t know what kind of checks and balances are in place so that if you have an open case in one state another state can’t take it over.
I know that Virginia had jurisdiction as of July 15th. We couldn’t have moved ahead with our court case if they no longer had jurisdiction. I also know our case is still on the docket for review in about 8 months. With that in mind I’m not sure how Mississippi could have taken jurisdiction.
I got an email from the caseworker last Friday letting me know Mississippi couldn’t find him; he was no longer residing in the state. They were closing the case. That is what they told her and she in turn told me.
When he moved from Kentucky and I wasn’t sure if he was living in Tennessee or Mississippi the caseworker was adamant that we had to bring the case to whichever state he resided in. Where he worked didn’t matter nearly as much as where he lived. If that’s true then I fail to see how the state of Mississippi can possibly try to garnish him when he’s living in Georgia.
From all of the above I find it difficult to believe that they will be able to garnish him. I don’t believe they have jurisdiction. I suppose by some small slim chance Mississippi could have suddenly snatched jurisdiction away from Virginia after our court hearing in July. Hell, maybe Virginia just flat out gave it to them.
Mississippi: Hey, can we have Jerry Lee and his child support case?
Virginia: Sure. Don’t see why not.
My specific county in Virginia: WTF? I had that taken care of!
Mississippi: It’s mine now!
But our case is still on the docket so I don’t see how that would be possible. And similarly, if Mississippi had taken jurisdiction (and could keep it even after he moved out of state) before July 15th I wouldn’t think the court in Virginia could have heard the case.
Plus, I have to factor in that Jerry Lee already had moved by early January. My guess is that by the time the county finally got around to filing their case he was gone. The state had until approximately December 26th. I’m pretty sure Jerry Lee started his new job the very beginning of January. Don’t know when they moved but I would assume they all moved together. If he never got served and he didn’t even live in the state I’m not sure how they could go ahead with the case.
I will admit I did enjoy the thought of him sweating it out, envisioning his entire paycheck being given to me. I can only imagine the conversation he and Harley had at the idea they may only be living on what she brings home. Ultimately though I want Mississippi to stay out of it. It is much more advantageous for me to have Virginia in control. I suppose in a worst case scenario Mississippi does somehow end up garnishing him so the direct deposit stops. Once child support is paid up then we would have to sign another agreement to get everything else paid up. And then I would be seeking direct deposits for spousal support. It’s a little stressful for me. I thought everything would finally be moving ahead smoothly with no need for any interaction with him. It’s okay though. It’s still a delightful hot karma sundae being dished up. Potentially his entire paycheck being handed over to me. Huh. Ain’t that a bitch?