My sons father hasn't been paying child support since April 14th of this year. Is that considered child abandonment?
2006-08-01 07:55:01 · 35 answers · asked by Anonymous in Pregnancy & Parenting ➔ Other - Pregnancy & Parenting
No, but he is most likely in contempt of court. You should consult with a family law attorney on how to proceed. Most of the time, a letter to the state or county child support agency will get the process going, but it is often necessary for your attorney to file a motion in court to hold your spouse in contempt of the child support order to get things moving. Bottom line is call a lawyer.
2006-08-01 07:59:06 · answer #1 · answered by zzzzzzzzzzzzzzzzzz 4 · 1⤊ 1⤋
If you have an agreement in writing through a divorce he can be reported. It is considered contempt of court to violate an agreement. He will get a warning to pay up and if it continues, charges could be filed. If there is not an agreement, you need to have one made one way or another.
If the father sees the child and is just not paying, it is not child abandonment. Plus, both parents have to be missing I'm sure before it can be abandonment.
2006-08-01 08:05:15 · answer #2 · answered by fortuitousoppty 5 · 0⤊ 0⤋
No it is not considered child abandonment but he can get into trouble for not paying child support. The only way it is considered child abandonment unless he has full custody of the child and just left him without telling anyone where is going. That is abandoment.
2006-08-01 08:52:52 · answer #3 · answered by Coast2CoastChat.com 5 · 0⤊ 0⤋
I would contact the courts and have them deal with him. If he has had no contact with you for four months then you may have a case for abandonment. To be sure check with your lawyer and the laws in your state. Your child needs to know as well as you do. Some men just can't be bothered with their children and that is a crime against the child. Go after him through the courts and make sure that he pays for his son.
2006-08-01 08:03:33 · answer #4 · answered by mommablurose 2 · 0⤊ 0⤋
I don't think so, per se. Child abandonment implies that
he did not leave the child with responsible care. Unless you
are implying that he thought you were not responsible care,
I don't think you can claim that.
However, he is failing to comply with a court order and
is in violation thereof. Have you informed your lawyer and/or
the court?
He can, at the very least, be forced to come before the court
to show cause why he won't or can't pay it (assuming he
hasn't skipped town).
If the behavior continues, the court can order that his wages
be automatically garnered with the proceeds to you for your
child's care (again, assuming he hasn't skipped town).
Many people avoid paying child support by simply leaving
the jurisdiction and hiding.
2006-08-01 08:00:44 · answer #5 · answered by Elana 7 · 0⤊ 0⤋
I don't know if abandoment would be the right term. More like failure to pay child support. You need to take him to friend of the court if you haven't already done so. If he dosen't show up to the hearing or continues not to pay they can issue a bench warrant for his arrest. Abandonment would be if he had custody and failed to see his child for I believe 90 days or more. However, if you have custody it would not be considered abandoment most likely.
2006-08-01 08:00:00 · answer #6 · answered by fb2kool 3 · 0⤊ 0⤋
Sounds like you hooked up with a real winner. Child abandonment varies from state to state. You need to find out the length of time considered to be abandonment specific to your state.
2006-08-01 08:14:01 · answer #7 · answered by Wannabeadoc06 3 · 0⤊ 0⤋
Nope not yet. Im not sure what state your living in but usually the father can get away with it up until he is $5,000 behind. Then his butt can go to jail. They may consider that abandonment then. I think your jumping the gun a bit though. Wait it out, if the little jerk still hasnt paid a dime in a year, nail his you know what to the floor.
2006-08-01 07:59:57 · answer #8 · answered by chlobug26 3 · 0⤊ 0⤋
No child abandoment is when he leaves a child with out the other parent knowing of where he can be contacted. But he will be behind on his child support. If he pays on his own will it will be hard for you to get back pay but if hes on child support then he will have to back pay.
2006-08-01 08:00:14 · answer #9 · answered by Medical Assistant 4 · 0⤊ 0⤋
i dont know about child abandonment. but if the courts ordered him to pay its agins the law for him not to pay. u need to talk to ur lawyer or judge or the cops about that one cause he does have and oblagation to pay u child support for his child
call the police department where u live and find out what u need to do about ur sons father not paying child support
2006-08-01 08:02:39 · answer #10 · answered by Anonymous · 0⤊ 0⤋