YEAH WE KNOW IT TAKES TWO, but it always ends up being ONE who takes care of the child....in sickness and in health.
All states are different but have basically the same laws regarding child support. In my state (NJ) they throw you in jail, they pay a portion of arrears and are let loose. Usually they have a child support hearing. Ask for a two week stipulation. That means a warrant is automatically issued when he misses two weeks. see if its available in your state.
Your worker should have explained it all to you, or call her azz right now and say ‘whats next?’. ask her step by step what to expect. but it sounds like he doesnt care if he goes to jail or he needs a good lesson to motivate 'em.
Attaching the paychecks don’t work, for these creeps find under the table work. The honor system doesn’t work (if it did, we would even have a child support division, state & federal). They all claim to ‘love’ their kids, but some dudes look for ways NOT to pay. Some even put things in their mommys name (LOL!!) rather then pay for their own kid.
Some collection agencies collect the arrears better then child support division, but require a chunk of the money owed for payment to them.
Here are some links about child support and and 1 to help single moms. Click on your state and find the child support section. If your division doesn’t get on him or are slacking, contact your federal office (link listed too).
This first link is FUNNY-post their pic on deadbeat posters….LOL!!!
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.divorcelawinfo.com/
http://www.divorcehq.com/deadbeat.html
http://www.acf.dhhs.gov/programs/cse/
http://www.supportkids.com/
http://www.angelfire.com/nj4/njcomputerchick
2006-12-13 01:41:51
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answer #1
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answered by Yvette B yvetteb 6
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First off, this is a court case, so he has to be served and he has to have an opportunity to respond. That's one of the reason why a lot of people don't understand why they can't get child support right NOW. It's a legal process and he has the right to his day in court if he wants it.
Normally, however, he'll either duck it or be so confused by the system he won't bother. This happens to a lot of NCPs. So the courts are going to look at his earning history, the amount of time the child spends with each parent, and they'll take it from there. And not having a job is not an out. The court will simply impute his child support based upon a minimum wage job. In common English; they'll assume he either has or can find a minimum wage job and base the child support on that. How he gets the money is none of their concern.
If he had a job, they'd do a wage assignment (they don't use the word garnishment because of the negative connotation), but seeing as he doesn't, it's going to be a cycle of contempt hearings until he does get one. I'm not saying this to be hard, and I'm not saying this because he doesn't have an obligation, but it will be up to you to work like you don't have that money coming in until it does.
2006-12-13 10:26:41
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answer #2
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answered by John F 3
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I know the Child Support thing is frustrating sometimes, but hang in there. First, they will contact him and if he has not agree that he is the father, a paternity test will be ordered. Once paternity has been established, a court date will be set to decide what kind of child support order will be issued. The Attorney General's office will contact you with the court date/time information...all you have to do is show up. They will require him to provide tax returns and all kinds of things to prove his income (or lack thereof). If you two are minors, the court could (but might not) order his parents to pay the support payments until he locates a job. It's quite possible that he is ordered to find a job. Regardless of his income at present, the child support will continue and they will do all they can to enforce payment.
Once child support has been ordered, you can go on your state's Attorney General web site and get information on payments and case status.
Good luck hun. Remember, the AG's office is there to help make sure the father lives up to his responsibilities.
2006-12-13 00:09:42
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answer #3
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answered by Maggie W 2
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It probably all depends on the state in which you live. I went thru a similar situation years ago, but the laws have changed. Depending on your income, the state may give you court ordered assistance, that HE will have to pay back. They aren't usually real informative at those agencies, so you have to be the one to stay on top of it and ask the questions. You have to look it as though you are your daughters attorney, and work hard to get her everything she is entitled to. At some point, the judge will make an order. You can request certain things, the big one I got, I asked for support thru college, not high school. This way, my Son got help from his dad all the way thru college. I turned over the support checks to him once he entered college, this gave him some spending money, book money, whatever. Its really important to think it thru though. Good luck, its not easy being a single Mom, but alot of us do it , or have done it. Stay strong, and fight for her.
2006-12-13 00:06:52
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answer #4
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answered by MommaSchmitt 4
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you will receive a court date ( and do not miss this ) if he shows up they will order him to pay child support, or if he is denies the child they will do a paternity test and when the test comes back you will have another court date. dont worry about him not having a job, he will still be ordered to pay child support and because he is not working there is no way for them to take the c/s out of his check so he will start to have back child support. so dont think just cause he is ordered to pay that you will get a check next month cause that rarely happens. because this is a new case he will NOT go to jail, ( which to me is stupid to send him to jail cause you wont get child support that way) the court will order him to get a job and may even ask him how much money he has on him and may tell him he has to give you some of it just to show good faith. my case took 2 years not because he did not have a job but because he never showed up to the hearings ( if one parent does not show up they will reschedule) which i did not blame him he lived in another state so i knew he was not going to come 2000 miles just to come to a court hearing, i finally had to put my foot down and tell them no more hearings. good luck and most of all be patient this process does not happen overnight.
2016-05-23 17:31:09
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answer #5
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answered by Shirley 4
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All you women are so eager to throw men under the bus and in jail when child support isn't being paid in an expeditious manner. What does it solve. Nothing.
Back child support is a curse that is made worse with interest. There is no settling with the state or the mother.
I suggest you speak with your ex and try the old get more flies with honey routine. IF that is not effective terminate his parental rights and tell him to P*** off. Its obvious he is not much of a father to begin with.
I also suggest reviewing your local laws in regards to to child support and whats fair! It took two to make the baby, it takes two to raise the baby. Financially and emotionally.
The only thing that money does is help buy items for the child. It does not make anyone any happier about the current situation. Food for thought.
2006-12-13 01:26:17
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answer #6
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answered by underarrest33 1
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Since the order for support is already issued, they may schedule another court date, and either lower the amount because of lack of employment. However, doubt full. And he may be issued a warrant for his arrest for not paying. They do not care if he is not employed, that is his malfunction, he needs to pay the court ordered support. If he is unable to maintain the payments he can get them lowered due to lower pay. However, he has not paid anything, my guess is they may throw his lazy tired behind in jail. God bless****
2006-12-13 00:10:05
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answer #7
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answered by ? 7
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unfortunately they can't make him pay if he doesn't have a job...a lot of state take child support payments out of your paycheck automatically whether you are behind or not, so what will happen is he will start building up a delinquency and if it gets too large they can put him in jail...not the best solution for you because then he really can't try to find a job
my suggestion is try taking to him without getting mad (I know it's hard not to yell at him) maybe if you just talk to him and ask him why he is doing this to his child he might start to think different
The most important thing is not to yell at him because that will just make him more determined not to listen to you
2006-12-13 00:11:00
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answer #8
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answered by missindy09 2
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He will probably go to jail.The back child support will have to be paid before he can get out otherwise when his time is up he will go right back in and of course it will cost him more to get out because he will be even further behind.It is such a headache to deal with.Good luck.
2006-12-13 00:07:43
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answer #9
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answered by roosmom 3
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