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Child Support Help

Started by jakkt, Dec 28, 2008, 05:53:36 PM

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jakkt

I posted this on a different forum, but hadn't gotten a response and need help if possible.  Thanks to anyone that can help with this. 

My ex owes back child support and I need to file a rule to show cause, but I have gotten married and moved just across the county line so I no longer live in the county of the original order. Obviously, for convenience I would like to file in the county I live in and think this is what I'm supposed to do, but do I just file the show cause in this county or is there something else I need to file first to give notice to the court that the children reside in this county now?
All help appreciated.
jakkt

Gestalt

does ex still live in the original jurisdiction? if so you need to file in that court. you can also see if that court has a self help center or something along those lines to help with the proper motion to file.

trystero

You say she owes you back child support, that to me implies there is a court order for child support.  If so, start there.  Options may depend on the state where you live.  I may be able to try private enforcement agencies, or the state may help you with wage garnishment/assignment.

If there is no court ordered or agreed to support arrangement, then you will definately have to go through the courts.  I agree with previous poster about check w/court's self-help center on which county you should file.

I think you're best tactic, assuming an order for support exists, is to first send a certified letter with a copy of the order to your ex.  State that you will pursue further if the matter is not rectified in 30 days.  (This approach seems tactically poor to me because you show your hand before your maneuver, but I think its 'proper').  Then in 30 days with no response you can file a Contempt motion, together with Motion to request Wage Assignment.  Those 2 things may get things rolling, the ex may contact you to work out an arrangement and avoid the wage assignment.  Personally I hate wage assignments.  We all have our own budgets, and while funds may exist monthly to pay, when bills are due can vary, and assignment takes away the right to sort out your own finances.

IMO....