My ex husband did not pay me my child support and when I sent him an e-mail stating that if he didn't pay me I would then have to seek legal counsel. His response was very explicitive and basically told me where to go. I have always had sole custody of our son and provided for him as a single parent for over 3 years. When we got divorced we had created a very generous and fair parenting plan for my ex spouse. The problem is that I don't want to fight with him over this but am entitled the child support as directed by Law. If he refuses to pay me can I change the parenting plan to not be as generous. And if so can I do this without the possibility of ex spouse taking my child from me?
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child support and custody
- Thread Starter bbf090207
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augustbaby1968
New Member
What state are you in?
Scooterdog
New Member
Child support has nothing to do with parental rights.
You can send him a Legal and Constructive notice, certified mail. This looks good in court too. If he fails to catch on to that, file for contempt. That is a simple process. (Easy cases if you have proof of failure to pay).
Scooterdog
New Member
IF you both live in NM, you would have to get your order, take it to the clerk of court where you live, file it as a Foreign Order(or judgement, whatever they are calling it in your state).
augustbaby1968
New Member
You can also call the Social Services Child support enforcement of Ohio. they will also be able to get information on what to do next and how to handle the dad.
Neither of us live in Mew Mexico anymore. Bottom line this is not the first time he has failed to pay but every time I say I will get legal counsel he has stated to go ahead and he will take my son from me. So what he is saying is he won't pay me and take my son. Will Social Services Child support enforcement of Ohio be able to take care of both issues?
augustbaby1968
New Member
What reason would he have to take the child? The only way he could is to prove you unfit. You would have to be living on the streets and addited to drugs, and unemployed for him to even think he would get custody. He is the dead beat dad and the judge will see that. He will have to explain why he had not paid, and if its because he does not have the money, how would he support the child on his own. Not likely. Call Ohio Child support enforcement for the county you live in and ask them to start a case against him. It will take some time 6-12 months to get small results, but it is better than none.
Scooterdog
New Member
He isn't going to take your son, unless your doing some really bad stuff.
Sorry, I read the Ohio part wrong. Same applies there, any state, you have to register the order in the state you are looking to collect in. Then, you can file a contempt charge, those are simple cases.
In order for any custody to change hands, your X would have to file a petition with the court. I don't think he want's to do that being behind on CS.
If you file for contempt, ask for your court cost's.
Sorry, I read the Ohio part wrong. Same applies there, any state, you have to register the order in the state you are looking to collect in. Then, you can file a contempt charge, those are simple cases.
In order for any custody to change hands, your X would have to file a petition with the court. I don't think he want's to do that being behind on CS.
If you file for contempt, ask for your court cost's.
augustbaby1968
New Member
Does the dad work? Do you know where? These are all things you would have to tell the enforcement office. They will start the paperwork for you, keeping you court costs down. Good luck.
Scooterdog
New Member
Why go to any enforcement office? The state benefits if you do. You NEVER want the state involved in your family affairs.
If you go through an enforcement agency, you will not recieve interest(they steal that from you), they will somehow, someway screw you out of money.
You are far better off to register you order, send a legal and constructive notice, give 30 days, then file for contempt. Ask for statutory interest, court cost and so on. All of which, if you have the state get involved, they will steal for themselves.
If you go through an enforcement agency, you will not recieve interest(they steal that from you), they will somehow, someway screw you out of money.
You are far better off to register you order, send a legal and constructive notice, give 30 days, then file for contempt. Ask for statutory interest, court cost and so on. All of which, if you have the state get involved, they will steal for themselves.
augustbaby1968
New Member
What are you talking about? The state benefits? This is their job. This office was set up to oversee the child support enforcement for single moms/dads. They do not get any "cut" of the support. They file the papers and register the case in the state data base in the cleinds name and make the dad pay or he loses privilges like drivers license, professional licenses. If he is too far behind he goes to jail for anything over $5000 in the arrears. The only was the state collects is if this mother is on welfare and it does not sound as if she is on welfare. The money is deducted from the dads paycheck and sent to the mother as it should be.
Scooterdog
New Member
Again, there is no need for state involvement. No wonder the taxes are so damn high.
You don't want the state involved in your family matters. You can easily deal with the matter legaly, saving the tax payers money.
And yes, the state will get your interest from the support, as well as any fine imposed. You benefit in no way by getting the state involved in your family matters.
I beg to differ that any state agency is there to "help" you. Why would you need the state to "help" you when you have a remedy at law?
You don't want the state involved in your family matters. You can easily deal with the matter legaly, saving the tax payers money.
And yes, the state will get your interest from the support, as well as any fine imposed. You benefit in no way by getting the state involved in your family matters.
I beg to differ that any state agency is there to "help" you. Why would you need the state to "help" you when you have a remedy at law?
augustbaby1968
New Member
Dear bbf090207,
Scooterdog obviously has never been a single parent. He does not understand how hard it is to make dead beat dads pay their child support. You make up you own mind as to how you need to proceed to collect the support for your child. He wants you to spend all of your hard earned money and take it away for the child you are supporting alone to use it to go after the dad that the state has already set up an effective system to deal with these losers. These losers listen and respond better if the state is helping you establish regular payments as they should be. You decide what is best for you, not Scooterdog, and use whatever advise works for you. Good Luck
Scooterdog obviously has never been a single parent. He does not understand how hard it is to make dead beat dads pay their child support. You make up you own mind as to how you need to proceed to collect the support for your child. He wants you to spend all of your hard earned money and take it away for the child you are supporting alone to use it to go after the dad that the state has already set up an effective system to deal with these losers. These losers listen and respond better if the state is helping you establish regular payments as they should be. You decide what is best for you, not Scooterdog, and use whatever advise works for you. Good Luck
Scooterdog
New Member
Augustbaby: Yes, I am a single father, have been for 13 years, and know family law inside and out. Have full custody and control, and the "mother" is to pay child support. She doesn't, she's a dead beat mother.
You are better off doing what I told you to do. It's easy, and no state involvment.
Follow the blue link, there are other's I have helped and they seem very, very happy with the results.
You are better off doing what I told you to do. It's easy, and no state involvment.
Follow the blue link, there are other's I have helped and they seem very, very happy with the results.
augustbaby1968
New Member
You may know family law inside and out, but you do not know this persons situation inside and out. She needs to choose what is best for her. You sound as if you have the financial resourses to fund these lengthly matters, she may not. Dead beat moms are out there to, but both genders are equally liable. This person who posted this thread is "better off" doing what works for her, not what works for you, however much you disagree.
This seems to be the case. Scooterdog has various reasons for wanting to not have state involvement if he can help it. That's one opinon and at times I don't disagree given what I've seen. But sometimes there really isn't a practical choice and I've also seen instances where it can be a huge benefit. One really has to look at the facts that is right for that person without getting other factors involved that have no bearing on the decision at hand.
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