Other side of the fence - enforcing on a deadbeat mother

[dp]

My husband and I frequented this board about 5 years ago when we were in the middle of a heavy battle for custody of his two kids and I have to say the help we got here was amazing. We even found our lawyer through a referral here.

I'm happy to report we've had custody since then, and they've maintained a stable living enviroment.

Their mother (not being the most stable person) has decided not to pay child support for most of this time. She did pay for about 18 months after we had an arrest warrant out for her, however it looks like she is now managing to avoid them again.

She still see's the kids on a somewhat regular basis (usually every other weekend unless she forgets). We do know a few things, 1. she is working, 2. she was very excited to get her tax refund/stimulus check.

To us, this means that DCSS isnt enforcing correctly, in the past we've tried to let them take care of it (cheapest/easiest way and we were paying off lawyers/therapy/evaluator's fees) but his ex is now over 50,000 in arrear's and well, frankly we've got all of their "needs" taken care of but that money could really go toward their college fund/extra curricular's.

We are *not* asking for a raise (her child support was based on minimum wage even though she was very capable of holding a much higher paying job) however we are asking for the set amount to be paid and or enforced.

Any suggestions on how to get California DCSS to enforce the order, and or the IRS to actually flag her social security number instead of forgetting to?

[ocean]

Has she changed jobs recently? Tell them where she works have they should garnish it....
Can you make an appointment to see CSE? Here you can make an app't on Wednesdays...or be a walk in. It took me a while to actually get my case workers name and fax...Then I started faxing what needed to be done and SLOWLY it was done...
Good luck!

[dp]

She changed in august (which was how they were garnishing).

So the way it went was:

Order put in place in 2001.
In 2004 they suspended her license, and then 3 months after that finally put out an arrest warrant for her. We told her if she showed up for visitation, we would call the police due to her having an arrest warrant out. She started paying child support 24 hours before the arrest warrant was valid.

In 2007 (August) she switched jobs, and therefore no longer paid child support.

We know she's working since the kids have talked in great detail about getting to "visit" her at her job over Christmas, and then Spring Break and now summer.

My husband has called them numerous times, but they always say they are "doing their best". I will tell him to try and make an appointment to go in.

We were actually debating about hiring a third party company because even if they take 30% of what they find, if they manage to get anything it seems worthwhile.

We've told her the same thing now, if they file an arrest warrant we wont turn over the kids to her (it seems irresponsible) however DCSS doesnt seem to be on the ball for enforcement.

[mo7818]

I wish I had better news for you BUT NO DCSS will do NOTHING - I repeat - NOTHING for you and your hubby to get that money back. It is sooooo freak'n annoying and so sad that a parent would do this to their children but that doesn't seem to stop them.

On July 3rd we went to court because the donor wanted a decrease because he was making less than $1,000 a month and he had a 1 year old at home. The commisioner reduced his CS by half even after learning that even though he isn't paying his child support he can afford to spend a fun 2 days in San Diego, they just returned from a trip to Utah and next month the donor is going to Bejing for the Olympics!!!!! But he makes less than $1,000 a month!!!! Ya, I am PISSED!!!!

I do have one thing going for me (I think), since he is going out of the country his passport is flagged since he is over $2500 in arrears. Technically speaking I should see all the arrears coming my way any day now but so far I have seen NOTHING and losing hope every day.

From what DCSS has told me, and I'm pretty sure this will apply to your case also, the deadbeat's SSN is flagged and any financial transactions will be intercepted by DCSS. I got the donor's state tax refund and one time DCSS took money from his bank account?!?!!?

It is an annoying process and with times being what they are we can all use that money right about now. Good luck getting her to pay - oh ya, I wanted to say something else that is screwy with the system. As long as the deadbeat is making some kind of payment DCSS won't suspend their license or anything else. My donor is paying $26.00 a month out of the $634.00 he is supposed to pay.

Good Luck!!!!