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Started by John-J-Jay, May 21, 2007, 07:07:24 AM

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John-J-Jay

Posters

I've been fighting the court system it appears for now 7 strong months to get my ex-wife to pay child support that she hasn't paid in over 4 years. Each time we have it set for a hearing she files something to have it delayed or ask for a continuance, she asked for discovery which we complied, she filed a friviolus motion for contempt which was BS to say the least (it got thrown out of court).

Does anyone have any suggestions to at least get a temporary hearing? My atty has stated that we have to wait, but why do we have to wait on something she should be paying? My atty has advised me that if we get a temporary hearing, he thinks her atty will come forward and say, wait why do we need to pay child support we are now contesting custody.

this is what i have~
8 yrs of custody (Dad)
4 yrs of no child support
our child is a A&B student
our child excells in sports, art, music, reading
our child has great health
nice home in a upscale neighborhood.

why does it take 7 months I spend over $8000 so far on atty fees and haven't even had a temporary hearing to get her to pay child support???

notnew

John,

The court is extremely biased when it comes to enforcing child support orders against women (and instituting one as you are finding out now).

Your attorney is giving you good advice.

The best thing to do is continue on as you have been and don't run up your costs by asking your attorney a million questions a million times.

The next regularly scheduled meeting with your attorney, inform him/her that you would like her to be ordered to pay all or a portion of your fees due to her actions being what brought you to court and her delays.

You've been supporting the kid for this many years, you've spent $8,000 on your lawyer, so you aren't hurting for the money.

No, it's not right that she isn't paying. But it is the fact and she is stalling on purpose and you know this.

Getting stressed out worrying over this is not worth it.

good luck.

Giggles

You're not losing any support $$  It's accumulating as arrears so eventually it will catch up to her!!

Is there currently an order for her to pay support?  If so, then after this is done, I would turn it over to Child support enforcement and let them take care of it!!  I did that with my daughter's father and they go after him for contempt and it doesn't cost me a thing!!  He hasn't paid regularly for over 2 years and they just now got him served for contempt again!!  He's now over $18K in arrears...sigh  They also have the ability to attach a lien on any property she has, as well as going after any tax refunds!!
Now I'm living....Just another day in Paradise!!

John-J-Jay

What are the possible outcomes when a parent is delq. on child support pmts if they are found in contempt?

mistoffolees

In principle, jail time. I don't think that happens very often. I would guess that a fine and possibly probation is more likely.

mistoffolees

Posting in one forum would have been sufficient.

ocean

You have an order now? Is it through CSE? Once you get an account with them, they will take over and will try to get the money. In NY, they can take tax refunds, freeze bank acccounts, and take away liceses. (jail too but very rare).
Good luck!

John-J-Jay

no we don't have a court order, i'm trying to get one established. My ex wife hasn't supplied one piece of clothing, school supplies, any finanical support towards our childs medical expenses or anything to help with her raising. I'm trying to get a child support order established for the benefit of our child.

janM

In my son's exgf's case, last summer she spent 30 days in jail (and tried to get early release...denied LOL). Just recently apparently they took her driver's license. When I told the case worker I didn't think that was a good solution, as they can't get to work, she said, "people drive on suspended licenses all the time." Okayyyy....

She is facing another contempt hearing in a couple weeks and will probably head back to jail, and likely longer than 30 days.

John-J-Jay

what are the contempt charges? what is she in contempt of? if she was to pay all arrears current would they disimss any contempt charges?