I'm a resident of one State, my ex another. The divorce is through my State. Our divorce includes his paying me child support as well as half of joint bills from our marriage. I was told that if he doesn't pay child support there are ways to get help, even if he is out of State. (He does not pay.) BUT, I was told that if he does not pay any of the other money the court says he owes me, while I can file for contempt of Court, the court can not do anything as he is out of State. So simply put, no matter what the Court decides he has to pay, he will never be held to it. This does not sound right to me. Does anyone know if this is true? Or is there a way I can enforce our legal agreements? I don't think he should be above the law...
2006-10-27 08:17:41 · 7 answers · asked by chalinsumner 4 in Family & Relationships ➔ Marriage & Divorce
You've got two different forms of money going on, and the answer is different for each.
Child support technically is not your money, but is intended for your child, so the courts hold it in high importance; and regardless of where he lives, he can be held accountable for it. Most child support orders include a wage withholding (garnishment) order that follows the obligor wherever he may work, even out of state. If there is no such order, you can move to have one added to your support order. If your ex stops paying, get OCF/OCS involved - they can track him down and get the arrears and compel future payment.
As for the other money, the joint bills from the marriage, that is part of the general divorce settlement and is not as high a priority for the system (kids before adults ALWAYS). If he fails to pay his share of the bills, you start by filing a contempt motion in your state. After that is rendered in your favor, file a collection action based upon that judgment in HIS state. The courts there will honor the judgment and you then have a means of collecting. Unlike child support orders, any judgment here will not get into "the system" so his tax refunds, lottery winnings, etc. will not necessarily be available to you.
2006-10-27 09:48:52 · answer #1 · answered by PosseComitatus 2 · 1⤊ 0⤋
No,that is not true..If he does not have the money he will be put in jail.Being broke is not an excuse.File a contempt charge in your court, It will not cost you anything because it is under the the first order for child support. I did that. It does not matter what state he is in he will be subpoenaed to be in court..Tell your Judge you want the money collected through the court. Child support enforcement will then collect the money and then send it to you..You will get an Eppicard in the mail. It is a MasterCard that Child Support enforcement supplies to you..As soon as the money is collected it will be put on your card.
If you Judge is as good as mine was your x will get the crap scared out of him. My Judge told my x that if he came back top his court for con temp he will not be leaving in his own car..Judges do not like dead beats and the law is on your side. The judge can also put the money owed to you for other reasons on a court pay method.
I took my x- back to court 2 months after our original court date because my x refused to pay as he agreed. My x even told me when I asked when he mailed it to go and wait by the mail box to see the date he mailed it....
I was my own lawyer and I won. I went head to head with my X's lawyer and still kicked my X's a**!
Good luck.
2006-10-27 08:34:05 · answer #2 · answered by robin dupree 2 · 0⤊ 0⤋
Try Prairiestatelegalservices.com.They send you a packet for free,and they waive the fees for you to go to court and file the initial paperwork and all other costs involved.Another way is to contact your state governor.Ask him/her to point you in the right direction.State governors are very big on child support and seeing that it is paid as owed so the kids can afford suitable housing,food and schooling.
2006-10-27 08:22:32 · answer #3 · answered by gibbyguys 4 · 0⤊ 0⤋
The district attorney for child support can help. They will typically find him, if you dont know where he is, then have his wages garnished. Its BS that they cant do anything just because he is in another state. If that was the case, then any father could just move and not be held responsible.
Someones gotten lazy.
2006-10-27 08:20:40 · answer #4 · answered by JC 7 · 0⤊ 0⤋
Hes not above the law, but if he doesn't have it he cant pay, But if you have a judgement against him ,If he ever comes into money of any kind you'll be first on the list.So if hes got any rich family Id be getting the judgement.
2006-10-27 08:22:51 · answer #5 · answered by troble # one? 7 · 0⤊ 0⤋
move to his state and deal with him there.
2006-10-27 08:19:33 · answer #6 · answered by Steph 5 · 0⤊ 0⤋
better take legal help and advise...
2006-10-27 08:23:14 · answer #7 · answered by shahzebb 3 · 0⤊ 0⤋