Now what (delinquient BM)

[Spaceman1982]

So my ex wife is 2 years behind in payments....minimual for 2 children at that in Nevada. She ahs a warant for her arrest for not paying her fine for violating our restraining order. Me and my wife have been saving money to hire an attorney when all of sudden........

she tells my kids she is pregnant and is marrying her bf. Well fine but what the hell do I do now?? She has been working and not dinging in the support offices system so I have to get a PI to probably videotape her working. but in the scheme of things, are they just going to let her continue this behavior because she has a new kid?? Should I go befoire she gives birth? Will they never raise her support cause she has a kid??

[ocean]

Little confused...

If you have a court order, then you can file contempt of court, and they will take money directly from any employer she has, take any tax refunds she has each year, take away her driver's license, and "threaten" jail time (because they usually never put a mom in jail for that). If she has no job then the arrears will build up and they will take away the above items. You can file for contempt of court yourself at family court. Here it is free. Also, if the child support it through the state, ask the state to enforce order and they will do above without you even being there.

Look up your state. Since she has a court order to pay, she will continue to have to pay you that amount. She may ask to lower it for additional child but only some states allow that and you said she is only paying min anyway. If she is not paying now, going for more support will not matter. Once you find that she is working, call the state child support, tell them where, they will send employer a notice to take money right from her check.

[Spaceman1982]

ok i will summerize............

got a support order Oct 2009

won a previous arrears hearing after that

since then BM's DL was suspended by the DA and she got into a car accident with the children in the car with her after it had been.

She still makes no payments, over $5,000 dollars now. Has the warrant. an acquantance we share told me she quit a previous job because they started garnishing her wages. (She lived with that friend, in fact, the court record has her friends address on file since she used it as her living address during divorce procedures.) So my attorney wants a modification for support since she is willfully underemployed/unemployed. My attorney says (and one reason I come here today) is that her child on the way doesnt trump the two we had before. He says that the courts say she was aware she had two children to support prior to a newborn.

We are also asking for her Tuesday night dinner visits to be stricken from record......she has not used one in 2 years and all it does is make me not able to plan around it and now the kids dont even pay notice to it anymore.

[Spaceman1982]

and attorney fee's since the DA out here cant find her and wont pursue anything further. I had sent her two emails to contact the DA (the last attempt telling her I would seek legal actions) and she hasnt even called the DA to say if she is unemployed, which is doubtful since her and the BF have a new car and house now.

[ocean]

If she has a current warrant, call the sheriff and at the next visit have them be there after kids are dropped off.

My only concern is you are paying a lawyer to:
1. try to up child support- when they can not collect now...so why?
2. Get rid of Tues visit when she does not use it, so leave it alone.

The lawyer is making money off of you right now. Ex is not following court orders now, even if lawyer changes it, still not going to change that she is not paying and not picking up kids. Save your money until you need to go back when she has a job.