What exactly is going to happen? Like what is the process? All I did was fill out papers and then left. He hasn't had a job for 8 months, how will they make him pay? Will they contact me?
2006-12-13 00:02:46 · 7 answers · asked by Anonymous in Family & Relationships ➔ Family
All I can do is tell you what happened in my case, as every case and every state is different. After I filed mine, they found him and served him papers letting him know that he was being sued in court for child support and his date when he was to show up. I got a letter in the mail about a week later after I filed it letting me know when my court date was. (They will also tell you NOT to take any cash money from him.)
YOU must show up at ALL court dates that are set for you, or else they will assume that you no longer want to pursue the case. He on the other hand has to either show up or else they will put a bench warranty out for him.
Once you go to court and he is there, they will set the amount of child support due to you every month based on HIS income. IF he is not working, they will order him to find a job in a certain about of time. They will let him also know at this time, should he not pay the support owed that they can and will take any and all licenses that he has..from drivers license to fishing, hunting, gun, etc. Any that he has, he will loose all of them until he pays.They will also advise him that his income tax return is subject to be intercepted should he owe any back child support.
At this time they asked me if I wanted him to pay me or the Child Support Division or me, I chose them. I had his checks garnished as well to let him know that I meant business. I also wanted him to pay the CSD and not me so that there would be a record with the court if he paid or not.
About a month went by and I started getting my checks from the CSD. I got paid every two weeks (twice a month). There is also a place on the internet that you can go to in your state that you can keep up with it as well.
When it was income tax return time, my X was behind in his child support, so they took part of his income tax return to give to me. I think they will only hint it one time as that is all they hit his.
Also in my case, we had to show up every so many months for review, to see how he was paying and how far behind he was. Toward the end, we went to court and the judge told him that until such time as he got caught up in his support that he would no longer be aloud to have visitiation with his daughter. (Before I say anymore here, I know that some folks out there think that is terrible, he was very abusive to say the least and my daughter was scared to death of him. This happened in the last 6 months of him having to pay child support.)
I was able to continue to still draw the child support after she turned 18 only because he was behind in it. Once the child support was all paid in full, I was notified by them letting me know that interest had occured during the time that he was paying and wanted to know if I wanted the money and I did, so they sent me 2 more checks in the mail.
Also during to course of all this, should he get behind and stay behind, he is also subject to going to jail for 6 months. But you will not get any money during the time he is in jail. So I would say to let them handle it and let them make him pay the support. Then if they see that he will not pay, you can have his checks garnished.
Well I hope this information was I some help for you. If you have any questions, please don't hesitate to email me.
2006-12-13 02:42:31 · answer #1 · answered by SapphireB 6 · 0⤊ 0⤋
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.
2006-12-13 00:27:01 · answer #2 · answered by schally31 2 · 1⤊ 0⤋
Each state has different laws regarding child support. You can contact someone at the Child Support Enforcement office and ask what you should expect next. You will definitely get a court date. Depending on whether or not he shows up will determine what happens next. Once the court has determined what amount he needs to pay, make sure you ask the state to take it out and send it to you. I made the mistake of believing my ex would do the right thing and didn't ask for it to be taken directly out of his check when he started working. BIG mistake. CSE can also lock him up, but he would be placed in a work release program and any money he earns would be sent to you to pay the support (this usually happens after he has arrears or hasn't made a good faith effort to pay up). Be patient and stick to your guns. Your child/children deserve to be taken care of, and you did not bring them into this world by yourself. Make sure you appear in court each and every time you get a court date, and for the sake of your kids DO NOT give up. It takes time to get this straightened out and it will not happen overnight. One other thing, keep your dignity. This can be a frustrating issue and you will be tempted to be hateful towards your ex...don't waste your energy on that kind of negative behavior. The law is on your side and you are doing what is best for your little ones. Arguing with him or allowing him to make you feel bad because you to him to court is a waste of time. Good luck and Merry Christmas!
2006-12-13 00:40:28 · answer #3 · answered by creole woman 2 · 0⤊ 0⤋
You will receive a court date in the mail and so will he. Job or no job he will be ordered to pay child support or go to jail. Most states will apply the minimum amount of support to a parent currently not working and once working you will have to go back to court to get the payments modified. Hopefully he will go to jail to learn an early lesson about the importance of supporting your child. Dont you just hate losers???
2006-12-13 00:14:38 · answer #4 · answered by Mean Carleen 7 · 1⤊ 0⤋
It really depends on the state. My ex lives in Ga he hasn't paid in over 3 years, they haven't done anything to him. But some states are more strict. They aren't good about informing you of things though. The first thing that happened in my case was I got a letter in the mail informing me that I had an appointment for a DNA test to confirm paternity. After we received the results they had a meeting with him and set up the amount and guidelines. Then when he pays them they send me a check in the mail.
Good Luck!!
2006-12-13 01:17:03 · answer #5 · answered by voidtillnow 5 · 0⤊ 0⤋
I have a hearing tomorrow, they can take his license, put a lien on property, tax returns or sentence him to jail time. Every state and county has different rules so just ask the DRS you filed for support in. Even if he doesnt have a job he still has an earning potential!!!
2006-12-13 00:11:40 · answer #6 · answered by chased_648 1 · 0⤊ 0⤋
More than likely he'll be in jail 3-6 months.
2006-12-13 00:05:34 · answer #7 · answered by Anonymous · 0⤊ 0⤋