I am asking this for a friend of mine that lives in KS. (She doesnt have a computer, He got it in the divorce)
She has two children 5 and 7 and He (her ex) has been ordered to pay child support and has NOT paid one cent. What are Her rights? Her lawyer doesnt seem to be helping Her at all. Does She have to let him see the children?
2006-09-19 11:17:18 · 14 answers · asked by kctruckdeals 2 in Family & Relationships ➔ Marriage & Divorce
I m confused why lawyer is not helping
he shld know everything
complaint again if he is not paying his Dues
2006-09-19 11:19:37 · answer #1 · answered by rav 4 · 1⤊ 0⤋
Your friend needs to file a petition for contempt asking the court to order payment of back child support.
If the child support order came as part of a divorce decree, the contempt petition needs to reference the child support order.
On the other hand, if your friend went to a Child Support office and obtained an order for both children - the child support office has to file the petition for contempt.
If visitation was included in the divorce decree - yes, she must allow him to see the children. She ought not engage in Parental Ailenation Syndrome by telling them their father is no good, etc.
2006-09-19 16:30:08 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Well, sorry to say whether he ever pays child support or not, he is entitle to see his children. If her lawyer is not helping her out, maybe its time to get another lawyer. I can't ever remember the number but its something child support agency that advertises on TV, you can try by going on line to find any child support agencies that will help.
2006-09-19 11:34:29 · answer #3 · answered by kitcat 6 · 0⤊ 0⤋
Easy go to childrens services in her state,they should open up a case even if she doesnt recieve welfare benefits and he will pay based on his income so he wont get away with not paying the court ordered support for HIS children in fact they will send a wage witholding form to his job or jobs and the children will recieve their money before he gets his paycheck weekly or bi-weekly.
2006-09-19 11:43:03 · answer #4 · answered by CaliMa 3 · 0⤊ 0⤋
She has the right to receive her support, has she applied for child support enforcement services? If not she should.
Also visitation has nothing to do with that part of the order. If he has visitation rights and she does not allow him, then she is in contempt as well as him. Plus you are double hurting the children by withholding their father from them.
2006-09-23 03:20:19 · answer #5 · answered by Ang 3 · 0⤊ 0⤋
First, if it is the divorce decree about his visitation rights you will have to allow him or youll be in trouble if you dont and right now you wont need that. Kansas should have a child support collection agency that will help you collect via garnishment of his wages. Contact them and they should help you
2006-09-19 11:28:39 · answer #6 · answered by Arthur W 7 · 1⤊ 0⤋
Get a new lawyer and set up a court date pref. with the same judge that ordered him to pay child support..she could also call HRS..those people are ruthless.
2006-09-19 11:20:22 · answer #7 · answered by conundrum_dragon 7 · 1⤊ 0⤋
Go to court and tell the judge and her ex is not paying.
Judge can order that the ex's wages get garnished and transferred.
Im surprise her lawyer isnt helping.
2006-09-19 11:20:50 · answer #8 · answered by d2pain 3 · 1⤊ 0⤋
she CAN not keep his kids away from him because he dose not pay AND THATS VERY CRUEL and unfair to his kids. Yes it's unfair to the kids he don't pay BUT them not getting to see him will effect them badly and could cause them to hate the mom. She needs to get a FAMILY law lawyer and have the order enforced. It's dirty and nasty to say you don't pay you don't see them! him being in their lives is of more importance then him paying support REMEMBER IT'S A DADDY NOT A PAY CHECK for them. I wish my daughters dad wanted to see her not only dose he not pay, for three years has never saw or send a card or a phone call. very screwed up women think they can Punish the guy by his using kids against him VERY SICK! they don't deserve to suffer not seeing dad cause moms MAD!
2006-09-19 11:28:23 · answer #9 · answered by ally'smom 5 · 0⤊ 0⤋
yeah
after she hits him with a bat lol
no really dump the lawyer he's ripping her off
go to the department of probation they will garnishee his pay check
and yes she still has to let him see the children its court ordered and she doesn't need to be charged with interference of visitation
she can also file in court without a lawyer against him for non-support he'll also be charged with contempt of court for violating a court order
2006-09-19 11:27:36 · answer #10 · answered by swddrb 4 · 1⤊ 0⤋
been there done that.
child support and visitation are two different things. if he doesn't pay child support he is in contempt of court, and she CANNOT stop his visitation rights. if she doesn't allow visitations, she is in comtempt of court.
her best bet, since her attorney is of no help, is to go to the family services with decree in hand. she could hire another attorney and make him pay for it, since it's his fault that they are back in court. if she doesn't allow visitation, she is also at fault for them being in court, so she needs to make sure she does everything right.
the laws change of state to state, but there is no state that a father can get out of paying child support. he could end up having his tax return sent to her instead of him, or he could end up in jail.
2006-09-19 12:16:47 · answer #11 · answered by bmoline 4 · 0⤊ 0⤋