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Consequences for non payment

Discussion in 'Alimony & Spousal Support' started by jlewis405, Sep 3, 2005.

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  1. jlewis405

    jlewis405 Law Topic Starter New Member

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    My daughter is 6 months old. My x was willingly giving me $200, the stopped after in june. We went to court august 8th, he owes $600 is back child support. He is now ordered to pay me $313 every month. He will be pursed by CSE, but in the meantime while they are getting to my case he is supposed to be paying me and is not. How long can I go without non-payment before he goes to jail. I know I will end up getting through CSE but who knows when that will be. So what is his consequences?
     
  2. Duranie

    Duranie Moderator

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    Unless there was a court order for him to pay you, he does not owe anything until set my the courts. Depending on which CSE has jurisdiction, they are so backlogged with cases they may or may not pursue him. If he tries hard enough from paying he will probably succeed. The best thing you can do right now is to do what you can to support the child. You can also try calling the attorney generals office but they have bigger deadbeat dads to deal with.
     
  3. jlewis405

    jlewis405 Law Topic Starter New Member

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    There is a court order for him to pay me. My attorney told me that until it is pursued by CSE is responsible for paying me. My worry is that he will not, and the back owed CS will just add up. I know that I will get it sooner or later but I need it now. I feel that there has to be some sort of consequnce for him not paying me, when it is ordered that he has to.
     
  4. Duranie

    Duranie Moderator

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    There are alot of deadbeat dads. CSE does not have the manpower to go after everyone. They can go after him but they still cannot force him to pay especially if he is self employed, or unemployed, or hiding his income. You had a child with a deadbeat so you might have to step up to the plate and do what you can to support her since the dad does not appear too interested.
     
  5. jlewis405

    jlewis405 Law Topic Starter New Member

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    Wow! That was helpful. I have been stepping up to the plate, been stepping up for the past 6 months. But he took me to court for custody, in which he didn't get and now is ordered to pay support and doesn't. My question was what is his consequnce? I am aware that he could be held in contempt, but I am waiting on my attorney to get back to me so I can find out more about that. In the meantime I thought I could come here to get advice, and more information on my situation. Not to be told I need to step up to the plate because I had a baby by a deadbeat. Like you said before there are far worse deadbeats out there that need to be pursed. Mine is actually involved but is being stubborn about handing over the support, he knows that I am financially able to take care of her by myself. It's just the principal that he is as much responsible for her as I am. I am not trying to be one of those people that wants something done when their child is 12. I'm trying to take care of this now. He has provided his proof of income, there is no waiting on things of that nature unless he switches jobs. So I guess I should just wait on my attorney to get back to me as to what I need to do because I do understand it could take awhile for CSE to get to my case. And your right they cannot force him to pay, but they will garnish it from his wages, or he can kiss his tax return goodbye, so HE will step up to the plate as well, it just might not been on my time.
     
  6. Duranie

    Duranie Moderator

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    Ok well not sure what else you want us to tell you. Your attorney seems to know what they are doing. You can submit a writ of garnishment if your state allows it but hope he keeps this job otherwise if he quits you will have to hunt him down all over again. Until he starts to pay there is not much you can do. You can yank his tax return if he is still in arrears, or file a lien on any property he owes once you get a judgement, some states will even suspend his DL.
     
  7. jlewis405

    jlewis405 Law Topic Starter New Member

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    Thats exactly what I was asking for. Thank you. I am in Oklahoma and I have heard that they will yank your license. So I appreciate your feedback, Duranie. He will not just up and leave his job, he will always keep a job and at this point I don't see him running off. I keep very close contact with his immediate family so they also know what he is doing is wrong so they help me out the best way they can. So now I know what his consequences are I will wait to see which one, falls in to place 1st. Thanks
     
  8. gearhart7

    gearhart7 New Member

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    Duranie, you mean Deadbeat Parents. There are some women who don't exactly pay their support either.

    Depending how tough your state is on child support, you may or may not get some of things done like put on credit report, tax returns, taking drivers license, etc. My husband got behind on his child support due to an injury that left him off work for six months. The worst they did was put it on his credit report(which was bad enough). Most judges will only threaten to put you in jail. Unless he continues to not pay.

    Good Luck.
     
  9. gearhart7

    gearhart7 New Member

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    Sometimes, you don't found out what kind of person you had a child with until divorce or you go after them for child support.

    You win or you lose. The children are the real people who lose.
     
  10. jlewis405

    jlewis405 Law Topic Starter New Member

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    Thanks for your input gearhart7. You stated the facts. I just found out that in Ok CSE will pull your license, if you are behind, and there is not a set amount. I am waiting on a decree to be signed because he had an issue with it. So after it is signed I can get my $600 the day after if I want, by means of wage garnishment or from his checking account. As for the monthly CS it will be garnished as well, but my attorney has a fancy legal term for it...wage something. So now I will play the waiting game, and within the next couple of months I will have what is owed to me. And you are certainly right about not knowing what kind of person someone really is until a divorce, because I obviously wouldn't have gotten pregnant with someones child unless I seen that they were responsible. He was and now he is not.
     
  11. Angry_Stepmom

    Angry_Stepmom New Member

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    Do you work to support your child? You know, it's disgusting that there are so many women out there that think that it's the sole responsibility of the poor NCP to provide financial support for the child/children in addition to having to support himself. The so-called deadbeat dads that you people think you have a right to just throw in jail for not supporting YOU, not the child, are the real victims. I'm all for fathers paying support for their kids if that's what it's actually intended for - THE SUPPORT OF THE KIDS. If a woman wants primary custody of her kids with all the rights that the NCP doesn't have, then she needs to be prepared to pay for them.
     
  12. gearhart7

    gearhart7 New Member

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    Angry Step Mom,

    You don't know anything about me or my life. My husband pays support on two children to an ex-wife who never gives anything to them. I'm the evil step mom because I don't put up with his kids bull@#$%. I also have his ex-wife making me out to be the bad person. I have taken care of his children for TEN years to be called a bitch, worthless, taking all their dad's money so he won't pay them, etc. My husband pays $163 a week for these children. One of whom is 18 (almost 19), doesn't work, didn't want to finish high school, etc. All because Indiana has an emancipation law of 21. The younger one won't come for visitation because of whatever reason. The ex-wife blames him for all her problems. They need to get a life!!!!

    He also pays support on a child born out of wedlock conceived before me. This one he pays $129 a week because she turned in a child care for $80 a week for a child who goes to school ALL DAY.

    We also have a child together who goes without because of these vindictive women. I know both sides of it because I also receive child support for my two children from my previous marriage. I'm just lucky because my ex pays his support. So I know every side of child support. I know two women who need to step up to the plate and help pay for their children.

    I was just explaining to jlewis405 that you don't always get the consequences of non-payment that everyone talks about. My husband got behind because he was injured and off work for 6 months. They still came after him when they weren't suppose to. Raised his support with no income. How do you like that one? The great state of Indiana. Contrary to the other ex's, I don't need my ex's support. I would gladly let him have it back.

    Thank you very much,
    Gearhart7
     
  13. Angry_Stepmom

    Angry_Stepmom New Member

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    Gearhart7,

    My comments weren't directed towards you, but towards all the vindictive custodial mothers out there.
     
  14. gearhart7

    gearhart7 New Member

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    Thanks!!

    Believe me, I know two of them.
     
  15. Duranie

    Duranie Moderator

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    I have seen both sides of it. Yes there are alot of problem CP's out there but there are alot of deadbeat NCP's out there as well.

    The point is, if a man does not want to support his kids, many will find ways to dodge the system. That is the way it is. Some women need to be more selective on who they reproduce with. If you have a kid with a jobless, drug addicted loser, chances are he is not going to be a very responsibly dad-go figure!!

    My husbands sister has a kid with a huge deadbeat loser. She briefly dated him when she was 18 or 19, no birth control, and got pregnant. He also has 2 kids with another woman. This woman has a kid with his cousin as well. Anyways, this woman married this guy after becoming pregnant even though hubby's sister called this woman and said this guy is a real loser, got her pregnant, left her high and dry, and this dumb woman married him anyways and had 2 kids from him even though he never came home at night. She finally divorced him. Turns out he has 5 or 6 kids with at least 4 different women, does not pay one dime of support on any of them. He works under an alias so they are unable to find him. I cannot figure out why somebody has been unable to locate this loser, or why a judge has not ordered him to take paternity tests, maybe the women don't care or they find dealing with all the crap is not worth it. All the kids get together once a year so they can all meet their half siblings by this loser but not much seems to be getting done to find him.
     
  16. carney

    carney New Member

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    I just wanted to add that my ex owes over $17,000.00 in child support now and he has never been put in jail for not paying. They have taken his license away but he drives without it anyway. After a non custodial parent owes $5000.00, the Child Support Office will take them to court and in an informal hearing the judge will tell him to pay a certain amount before a certain date and if he doesn't they say they will put him in jail. And if your ex gives them a sob story about why he can't pay that much, the judge will actually lower the amount he will have to pay. They don't seem to care that I've been struggling to support the children, they care if my ex boo hoo's about his expenses. (by the way-he bought a boat that month and put it in his girlfriends name so they couldn't touch it.) My ex has always paid before the date and then goes back to not paying again. They then wait for it to add up more before they will take him back to court again. Don't count on them doing much for you. There are many of us out there who's ex owes almost 20 thousand and more. All you can do is keep calling them and bugging them to do something about it. I even wrote my state Governer and the main child support office in Washington D.C. We need to press for stronger laws on child support because it's not working like it should now.
     
  17. nmic111

    nmic111 New Member

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    Deadbeat CP's?

    I'm interested in this thread; I feel slighted as my children's mother, the CP, refuses to work. She has $25K/yr imputed to her through the child support agreement, but barely made $1000 in all of last year because all she felt like doing was a less-than minimum wage job, plus looking after the kids. Not to detrmient that important job of parenting, but taking custody means taking the proportionate financial responsibility too instead of milking the system. Meanwhile, she gets over $2,400/mo for two kids and still refuses to work. She made the $25K in 1999, has a BA, and good skills. I'd feel sorry for her if she was working, but I dont make $100K by sitting on my butt....its 75-hr weeks sometimes, two jobs, and night shifts. Where's the equity in that?
     
  18. jlewis405

    jlewis405 Law Topic Starter New Member

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    Yes I do work full time. I have a good job, thats pays well. I did understand that with sole custody I would be accepting a huge financial responsibility. Thats the thing, I now have to do with out, so that my daughter doesn't have to. I am not whinning about that part. I am the type that will eat Ramen noodles and frozen pizzas as long as my daughter has everything she wants and needs. Once again it is just the principal that it shouldn't be that way. I never took the money he was giving me and used it for myself. Hell, I was lucky if the money he was giving me covered the cost of daycare, diapers, wipes, formula, and clothes. I was a child whos NCP paid child support and I never got anything out of it, my mother used it to pay bills, which I understand is support. But at the same time my NCP still bought me things and gave me money for extra ciricular activities. I agree with the previous posts, the consequence for non-payment of CS should be more than just a slap on the hand. It's ok for him to do whatever he wants and no take care of his child, but if I was to let my child do without then DHS would be taking my child from me, so in return I think is rights should be taken from him, if this is how much he cares about his daughter.
     
  19. jlewis405

    jlewis405 Law Topic Starter New Member

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    I started this thread questioning what is the consequence for non payment of child support. I am posting this as a follow up. I have filed a contempt citation, with him owing $1401.61. He does have a hearing 11/1. Depending on his plea he will have a court date set for 11/7. He has since fired his lawyer, has not had a new lawyer in touch with mine. I am asking for a cash bond. If I do not get the cash bond the judge will most likely order an immdiate payment with srtict folow up payments. If he does not show up for his hearing there will be a bench warrant out for his arrest. Then yes, he will go to jail. I have been persistant, and will not stop until I get what I am owed. And the good thing is that he will be responsible for my fees this time around.
     
  20. jlewis405

    jlewis405 Law Topic Starter New Member

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    For another follow up, after taking all the needed info to CSE, just 2 weeks later they are finally starting the wage assingnment. I did have info that most people don't have like...the address from which he is paid from. I will not have to worry about him getting behind again unless he changes jobs, which is highly unlikey. The purpose of my follow up is to give hope to those who are really trying to get the support their child is deserved. As for the back support, his new lawyer asked for a continuance so I am still waiting for a court date on that. I will keep everyone who has followed this thread posted.
     

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