I have child support owed to me?

Question

I have a court order for my daughter's father to pay child support every week. So far since the order he has only paid 4 times. We just went to court recently, because he wanted a reduction, but he was denied. He owes me $1,535. The hearing officer told me to go another place in the same town for an enforcement. If I decide to go what will they do? Is there a certain amount that they look for in order to put out a warrant for his arrest? Since the order was established about 4 months ago he hasn't seen our daughter. Hopefully he'll just give up his rights so my husband can adopt her. He hasn't done anything for my daugher since the day she was born.

Answer 1

I hope that the other 3 posters realize that child support is welfare subsidized by fathers. In MD and other states, men are $50K in arrears and continue to walk the streets free and clear because they view child support as adversarial NOT an obligation. Many such men were abandoned themselves; many of them are into drugs and other illicit activities; many such men go to court under the guise of not wanting to return back to jail except they do not understand the difference between civil and criminal proceedings.

If child support could be framed in a non-adversarial manner - I suspect many men would be happy to pay their obligations. Unfortunately, due to imputed income and voluntary impoverishment laws - judges assign unrealistic incomes to men who have mental disabilities, drug and alcohol addictions, etc. I am one of those men and my child support obligation is based on my Social Security Disability. I am proud to pay what I can afford - yet, in 2005, a judge imputed my income at $8.50 an hour while I was in the middle of a depressive episode. I felt terrible at being unable to pay my obligation - but people kept ridiculing me and calling me deadbeat, etc. which worsened my depression.

What I'm saying is that there are men who have been rendered silent by judges who placed an income on their heads. Take a hypothetical example; if a father makes $1000 selling meth and smokes $1500 in meth - how is he going to pay child support? The father chooses to smoke meth - that is his problem to address in drug rehab. If he made $1,000 selling meth and stayed clean - he could pay all the child support in the world. My point is the father should not be selling meth or taking meth to begin with - but people do what they want behind closed doors while women and children suffer as a result.

Answer 2

The first thing that you need to do is definitly talk to a child enforcement agent. They will talk to you about the rights that you have in getting your child support for your childs father. Just so you know states are different so I am going to use Idaho's. In Idaho a warrant can be issued if child support has not been paid in 6 months and or the non custodial parent is 5,000 in arrears. Once a warrant is issued for their arrest they are requested to go to court in what is called an "order to show cause". What this that is is the non custodial parent needs to state in fact why they are not paying child support. The judge then decides if there is evidence in what the non custodial parent shows. If not the judge then issues the normal amount of child support plus extra so the non custodial parent can get on top of the arrears. If the non custodial parent doesn't show up for the court hearing a warrant will be issued for "contempt of court". If arrested he will again face a judge who will decide on either jail time or leins of property or even freezing and seizing bank accounts. Either way you do need to talk to a lawyer to help you handle your situation. Since I don't know what state you are in I can't give you a definite answer since all child support enforcements are the same in many ways but also different depending on what state you are in. Good luck to you and I hope this helps.

Answer 3

The court officer was probably referring to the county office of child support. GO THERE! If you're receiving any type of assistance from the county--they should've contacted you. If you're not--for a small application fee they will attempt to enforce your order for you (no attorney necessary). Depending on your state, (some are better than others)-they will find him (its easiest when they're in the same state) find his employer and send an income withholding to compel support. When you see the case manager, ask if they can administratively set a payment on the arrearages owed to you. If your ex is not interested in having a relationship with your daughter and your hubby is serious about adopting AND you've been married for at least 1 year, that may not be a bad idea.........IF dad is really ready to give her up forever. Have you approached him about this?

Answer 4

I hate to say this but don't hold your breath-you are lucky you are married and have another income. Usually they have to be like 3 mos behind to get a warrant issued. My ex NEVER paid and then moved out of state-good luck finding him. My son is 24 now but heck, all those years I scrimped by myself-I got a payment last week of $13.89-a slap in the face from the office in California. At last count he is $43,000 in arrears. 18 years of not paying PLUS interest.They say at our office here that I will be getting his social security. I won't hold my breath. I have written it off to him just being a deadbeat and anything I get is extra. As for you, if he went there wanting a reduction, why didn't they tell him to pay up the arrears? Dealing with that child support racket is a cruel joke. I wish you luck. Get a lien on his income tax if he is too far in arrears also. I had one but the guy claimed a whole family when he had none and he ended up paying the IRS a minuscule amount thus I never got a income tax return check. He would rather pay the IRS! You should not have to travel all over God's green earth to enforce something either-one hearing, one decision.If they are so concerned about the kids at the child support enforcement, why do they make it so hard for someone to get money and so easy for someone like the deadbeats to get away with not paying? I wish you all the luck-go get him!!!!

Answer 5

In some states if the child support isn't paid they will garnish the persons wages. I would do what I had to do to either get the money or get him to give up parental rights.

Answer 6

He has to pay, he could contest paternity but he has to pay. they may subpoena him if he doesnt repond or show eventually he can go to jail for not paying if he does not show just cause. Get a 3 ring binder, a 2" one, and a hole punch and keep your records in or order because he sounds like mine. you can email me at [e-mail] for more details, I have 5 years under my belt with this and never had an attorney represent me. But he's paying.