She is behind on her child support as much as 4000,00 dollars and she calls every week and ask for her every week end. My question is, how often should she get her and what is the law on this. His X-wife said she will take him to court if she don't get her everytime she calls. What should he do? My son is not holding back her seeing her mother, he has a court order for her to pay child support, by the time he finds her she has quite her job and you can't get water from a rock. She the X-wife ran out on the dad and the daughter and went off with some man for a year are so and came back and wanted her back but the court would not let her have her way she is suppost to pay child support by court order. What he would like to do is let her have his daughter 2 week end each month and not like it is now where she is getting her everyweek end.
2006-10-11 19:04:05 · 10 answers · asked by jack rabbit 2 in Family & Relationships ➔ Marriage & Divorce
If he presses this in the court, they will have her arrested. I worked with this lady who did the same thing, one day the police called up the owner, and asked if she was working that day. The owner told them yes. They then told the owner that she could NOT let this lady know that they were coming, or they would press charges against her as well. The lady came to work, the cop cars showed up, and out they took her. 2 months later she returned to work, after her jail-time. As for the child support money, she was not able to leave jail, until it was paid in full. Hope this helps, and I am sorry to hear about your son's situation. God bless!
2006-10-11 19:09:33 · answer #1 · answered by yoohoosusie 5 · 0⤊ 0⤋
There is a possibility that if he took her back to court, the fact that is so behind in child support might work in his favor and the judge just might give him the custody time that he wants. It's worth a try if he feels this is in the best interest of the child; however don't hold the mother's behavior about the child support against her daughter. Every daughter needs a mother, as she gets older she will realize herself that her mother was not responsible and did not care for her like she should have. Children are perceptive. As long as you are doing what is in the best interest of the child, you can do no wrong.
2006-10-11 20:30:10 · answer #2 · answered by Cynthia 5 · 0⤊ 0⤋
If he wants to change the visitation order he will have to go back to court. Child support and the actual visitation orders are two different issues in court. If she quits her jobs then she no doubt files for unemployment The state CAN attach her unemployment and take the child support out of her weekly unemployment benefits. They can also garnish any refunds she gets back from the IRS, howevr the ONLY way they will go after this money is if your son hounds his lawyer who in tern will go to the DA and hound him. However he can NOT by law keep her from seeing the child whether she is paid up in child support or not. If he does so she CAN take him to court and when the subject her her non support is brought up he will be asked why he didn't go through the measures to get the money. Since according to the court he obviously has made no effort to collect the child support the mother could very well be awarded custody if he tries to keep her from her visitations.
2006-10-11 19:39:37 · answer #3 · answered by Anonymous · 0⤊ 0⤋
He has two issues.
Visitation is usually spelled out in the divorce. If it is not then he can go to the friend of the court (in the US) and get a recommendation that the court will a knowledge.
This can be done with out an attorney.
Visitation is not dependent on child support payments.
She has a right to see her child and interference could be taken to court (although it sounds like she couldn't afford the cost and wouldn't want to explain about the arrears).
Federal tax leans on her individual returns can be made.
So that it comes to your son instead of her if she has a return. The friend of the court can help. He may want to make a call to the welfare office and request food stamps because his ex is not paying child support. He may get them if he qualifies and if they get involved he WILL get his money.
2006-10-11 20:24:22 · answer #4 · answered by Red 5 · 0⤊ 0⤋
hi there .....in sentence what a mess !!!! this poor wee girl is in the middle of this ,have any of stopped and thought of how she is feeling ,and before you start screaming at the computer im fully aware that the court wouldnt hve given youre son full custody if she was not going to be looked after properly .......what my point is you are going on about the non payments ....well let the courts deal with that this must be a conversation that this wee soul hears on a dauy to day basis that her mum isnt paying a penny for her that can do a lot of damage ,look whats wrong with going to youre lawyer and making arrangements that the mother does see her every 2nd weekend ,like youreson wants at least youre son will still have control with that and go back to court and get them to sort that bit out and when you are in court it means that she cant throw the one well why should i pay for my daughter and not get to see her and the other thing is the court will look at the fact that youre son is making sure that his daughter is getting to see her mother regardless to the fact that she is not making payments for her ,the court wont be easy on her but will understand that you are looking out for the relationship between mother and daughter.........as for the payments please dont talk about them in front of youre grand caughter as sh will be listening and will know that youare not happy with .......and listen to this bit ......her mother!!!!!AND SHE WILL COME UP WITH her own view one day ,and im not saying that what she did was right far from it ,but it is this little girls mum and one day she will stick up for her ,even although she doesnt know the whole sorry story she will have made her mind up and when that happens there will be nothing that you can do about it so for youre own sake please be very careful what and how you talk about her mum ........you take care and good luck to youre son on doing a great job of raising his little girl xx
2006-10-11 20:17:49 · answer #5 · answered by a parent hows been there !! 4 · 0⤊ 0⤋
i would contact a good lawyer and ask him this question, or call
Legal Aide in your area if you cannot afford a lawyer. If the shoe was on the other foot, would she be after your Son for the money? Would she let your son see the little girl?
Also the court order is for her to pay the child support, befoe I would let her see my daughter, I would like to see the money first,
2006-10-11 19:16:03 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I don't know what the law is in your state but where I live if even if the ex wife is not paying child support she still has a right to see the child and your son has to let her. Don't punish the child for her mothers irresponsibility- she still needs a relationship with her mom as much as the situation stinks. Is there anything in your sons divorce decree about what happens if she falls behind? Maybe it's time for him to call his lawyer?
2016-03-28 06:03:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Get an attorney, explain everything including her threats. I don't think she has a leg to stand on. If she doesn't appear for court then I would think the judge would rule in his favor. Make sure you have atleast 2 copies of paper work and make sure she is sent one at her last known address. She sounds like she is truly a skank.
Good Luck,
O'hock
2006-10-11 19:16:33 · answer #8 · answered by orcahock 3 · 0⤊ 0⤋
you should really contact a lawyer. The laws are complicated. If she neglects paying child support, she will be put in jail. I would take her to court for failure to pay and contact law enforcement.
2006-10-11 19:11:47 · answer #9 · answered by iloveeeyore 5 · 0⤊ 0⤋
Talk to the lawyers!! She can't be pulling that kind of stuff.
2006-10-11 19:07:05 · answer #10 · answered by busybody12 5 · 0⤊ 0⤋