Non-Payment of Child Support and Building a New Home

[manologirl]

I was divorced in Kansas in 1998.  My ex was ordered to pay $280.00 a month for our son.  He paid inconsistently from 1998 until 2002 and has not paid anything since 2002.  He is currently over $20,000 in arrears.

We have both relocated.  He moved back to his home state of Montana and I have been transferred to the East Coast for my job.  He is self-employed and the CSE office in Kansas has said they cannot do anything because he is self-employed and left the state.

He told me this weekend that he is building a home for himself and his GF and their children.  He stated there will be enough equity in the home to pay for college for all three children, hers, the child they have together and our son.  He said "I know I am not paying child support but at least they will have an education."

1)  Doesn't CSE report to the credit bureaus?  How did he get a mortgage if they do in fact report?

2)  Is tax refund interception automatic or does CSE have to pursue that?

3)  Is the fact that I am gainfully employed the reason that CSE doesn't pursue this matter with his state?  I thought the states worked together on CS enforcement issues?

4)  Isn't this considered "willfully" not paying with statements like the one he made?  If he doesn't pay willfully, can't it be covered by federal laws?

I'm not trying to be a money grubber but there is no guarantee his equity will pay for our son's college later.  I can support my son more than adequately but I live in a major metropolitan area with high before/after school care cost and I have just had to put braces on his teeth....it's difficult for me to save for things like college when I am providing 100% of the support.

[socrateaser]

>1)  Doesn't CSE report to the credit bureaus?  How did he get
>a mortgage if they do in fact report?

Yes. There are mortgage companies who will lend with high interest to people with bad credit. A home is a secured investment, so there's almost always a lender available "at a price."

>2)  Is tax refund interception automatic or does CSE have to
>pursue that?

CSE must persue.

>
>3)  Is the fact that I am gainfully employed the reason that
>CSE doesn't pursue this matter with his state?  I thought the
>states worked together on CS enforcement issues?

No, the reason is, in the imortal words of Judy Garland: "I don't think we're in Kansas anymore, Toto!"

You need to either contact CSE in your new state, or hire an attorney and register your support order in Montana, and then persue contempt sanctions against the father. I would wait until the home is built, because then you will have something that the sheriff can seize and sell to pay your arrears.

You can also contact the county prosecutor in the county where the home is built and file a complaint, because under federal law, a child support arrears in excess of $10,000 is a felony offense. You actually could complain to your local prosecutor, but I don't know if he/she would act, because that would require extradition to your state, and could end up costing the taxpayers more than the state could recover from the criminal prosecution.

>
>4)  Isn't this considered "willfully" not paying with
>statements like the one he made?  If he doesn't pay willfully,
>can't it be covered by federal laws?

If your facts are correct, he is legally charable with contempt, and simultaneously charabe with felony failure to pay support. However, as I already said, once there is a house built and his name recorded on title, then you have leverage, and his hinding behind self employment won't help him, because the court will order him to pay, or it will order the house sold out and the money distributed to pay your arrears.

>I'm not trying to be a money grubber but there is no guarantee
>his equity will pay for our son's college later.  I can
>support my son more than adequately but I live in a major
>metropolitan area with high before/after school care cost and
>I have just had to put braces on his teeth....it's difficult for
>me to save for things like college when I am providing 100% of
>the support.

You're not a money grubber? Aw, come on now, you are too!!! But, so is everyone else, and greed is legally permitted, so evidently society approves. Otherwise, the government wouldn't permit activities, such as the specialists on the NYSE daily manipulating of security prices at their leisure! Anyway, I'm off topic.

You're entitled to the support, so there's no reason to feel guilty. Go get what you deserve.