No Payment Okay?

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Sachiko96

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Currently living in MN but CS order is in IA.

Now I fully understand that there is only so much one can do legally, but we are not sure what our options are right now. In any case here is the background:

We have custody of my husband's 11 yr old son. He lives with us 100% now, due to lack of intiative of his biological mother.

As of late, there has not been 1 payment of CS since 8/7/06. My husband called CSR to find out what the arrears is due to lack of payment, and it is currently $9910.02. The current order is $50.00/month. The reason it is so low is because she had it adjusted from $110/month to $50.00 due to no income/welfare.

My husband has previously called to see if they would suspend/take away her driver's license, but was told she has none. He then requested a contempt of court order put through but was told she is "exempt."

When he asked what that meant, they said that is could be a variety of reasons. But, the examples they gave were she could be caring for an elderly person, or be on state funded assistance. We know she is receiving the latter. My husband also asked if he could know the specific reason she was exempt, and was told it was private and no he could not know.

She also has NOT filed her state or federal taxes for 2-3 years, so it can not be held to pay off her back due child support. I do not know if she can be held accountable for this? Legally?

CSR told my husband that they are unable to "find her" even though the state sends her assistance. My husband has since located her current address and given it to CSR.

She also receives SSI, which I am told cannot be garnished. Supposedly she has PTSD. I don't believe it, I think it's just her way to sidestep the law.

Is there anything my husband can do to get his CS? She's paid CS sporadically, but never consistenly thus we NEVER depend on it as part of our budget.

Can anyone help?
 
Your husband should file a motion in the original lawsuit for contempt.
 
First of all, I'm confused as to why anyone would waste their time over such a petty amount.

Look under Federal law, Crimes, Failure to support. She's up sh*t creek without a paddle. IT will read a little something like this:

TITLE 18 > PART I > CHAPTER 11A > § 228
§ 228. Failure to pay legal child support obligations

(a) Offense.— Any person who—
(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000;
shall be punished as provided in subsection (c).
(b) Presumption.— The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
(c) Punishment.— The punishment for an offense under this section is—
(1) in the case of a first offense under subsection (a)(1), a fine under this title, imprisonment for not more than 6 months, or both; and
(2) in the case of an offense under paragraph (2) or (3) of subsection (a), or a second or subsequent offense under subsection (a)(1), a fine under this title, imprisonment for not more than 2 years, or both.
(d) Mandatory Restitution.— Upon a conviction under this section, the court shall order restitution under section 3663A in an amount equal to the total unpaid support obligation as it exists at the time of sentencing.
(e) Venue.— With respect to an offense under this section, an action may be inquired of and prosecuted in a district court of the United States for—
(1) the district in which the child who is the subject of the support obligation involved resided during a period during which a person described in subsection (a) (referred to in this subsection as an "obliger") failed to meet that support obligation;
(2) the district in which the obliger resided during a period described in paragraph (1); or
(3) any other district with jurisdiction otherwise provided for by law.
(f) Definitions.— As used in this section—
(1) the term "Indian tribe" has the meaning given that term in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 479a);
(2) the term "State" includes any State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; and
(3) the term "support obligation" means any amount determined under a court order or an order of an administrative process pursuant to the law of a State or of an Indian tribe to be due from a person for the support and maintenance of a child or of a child and the parent with whom the child is living.
 
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