Child support Question

[dipper]

Soc,

This is a complet support question, so if it is not appropriate to this forum I understand.  

I am the CP.  My ex husband simply does not pay.  The children and I live in Virginia, always have.  Ex moved to North Carolina shortly after we split 9 years ago.  Things have pretty much been sporadic the entire time, excepts for about 2 years when he worked for a department store - got support on a regular basis.

The past two years he has sent very little, and only when he pleases.  VA DCSE asked NC to take enforcement jurisdiction.  My ex had a job for about a year - which I informed them several times.  He has lived in the same place for about 18 months.  They cant find him.

I cannot file against him as it is in NC now.  And even if I could file in court here, they cant serve the summons because he is out of state.  And he doesnt accept it when they send it through the mail.

A few months ago, I sent him a letter offering to reduce support significantly - by 1/3.  He called a couple of months later and said he would be sending in that amount.  He did twice....and I mailed him a letter of agreement that I signed to be signed by him and sent in to DCSE (this to find out how to  legally reduce CS).

I wanted to be fair as I dont believe the amount he owes is necessary per month....and I hoped the lower amount would encourage him to pay.

He rarely sees our children - his own choosing.    The court order allows him every other weekend - he never asks for more and I would gladly give him extra as they are his children too.

Soc, DCSE is not going to get this support going.  They simply arent capable.  

Outside sources will go after him, but for significant pay....

Soc, I dont even know how to file out--of-state, what court...

As I know what town he lives in, could I go to that court system and file a show cause against him?

At this point, I am beyond frustrated.  Anything on a regular basis would help...

[socrateaser]

>As I know what town he lives in, could I go to that court
>system and file a show cause against him?

You file a motion for contempt in VA court, and get an NC process server to serve him in NC. Then, after they file the affidavit of service in VA, you go to the hearing and show that he's not paying. If he doesn't show, the court will issue a bench warrant. If he's in arrears more than $10,000, the DA can have him extradited back to VA to stand trial. Otherwise, the NC Sheriff probably won't pick him up unless he breaks a traffic law.

Alternatively, you could register the current support order in his county in NC and then file a motion for contempt there. But, if he's the sort who will run away as soon as he's served, then it probably doesn't matter where you start the contempt case, so it may as well be close to home.