My husband and I received custody of his daughter in September. We haven't received any child support yet. His ex wife stays at home with her new baby and her boyfriends two children. He asked her about the child support last night and she said that as long as she was not working she wasn't responsible for paying child support. Is this true?
2006-12-28 01:54:58 · 23 answers · asked by lilcountrygirl 3 in Family & Relationships ➔ Marriage & Divorce
call the lawyer and let him handle it through the courts....
2006-12-28 01:57:11 · answer #1 · answered by Anonymous · 1⤊ 0⤋
All though this is a very sensitive subject for me, here we go. As long as the child support is court orders, it is not negotiable! All that will happen is that it will continue to add up. I know, I have about $28000 in the arrears because I have never been able to pay the whole amount. At the beginning of my orders it was $1100. There abouts and my wages couldn't pay it all. So the balance of what I couldn't pay added up. With interest. They will begin to take any tax refunds they are owed, garnish wages. They do take into account that she and her boyfriend do have other children. If you don't have a lawyer talk to the your person at the support division. They can usually give you some information, although sometimes it's not all correct.
Good luck
2006-12-28 12:29:03 · answer #2 · answered by tonguelashing5551 1 · 0⤊ 0⤋
i think she has been grossly misinformed. she still has to make payments even though she is not working... just like men are required to. staying home with a new baby (let alone other kids) i doubt she is just sitting around, for any child (x 2 or 3) are a lot of work....its just not a paying job. i have yet to see any parent with a water logged thumb.
tell her she better start having yard sales to pay something ;)
contact Legal Aid Office in your area. all states have them and are in most counties. they go on a sliding scale, so its free to most. look in the phone book or call the county court clerks office and ask if they have it. if they dont, call your states bar assoc and ask if they have it.
here are some links that may help with your questions. just click on your state and find the child support/custody sections. the last couple are to help you in any small way you may need.
2006-12-28 11:49:33 · answer #3 · answered by Yvette B yvetteb 6 · 0⤊ 0⤋
His ex really should not be practicing law, or even playing a lawyer on TV.
Child support accumulates regardless of whether or not the person is working absent a court order. If she gets too far in the hole, the CSE has a number of options to enforce the debt, such as driver's license suspension, intercept of tax refunds, credit reporting, even jail (though despite what you may think, jail is not the first option).
If CSE isn't working with you, contact an attorney. You have the right to go to court directly absent the CSE doing anything.
2006-12-28 18:56:38 · answer #4 · answered by John F 3 · 0⤊ 0⤋
I don't think so....Have a situation very similar to this. Payer should have "at least" a minimum that she must pay regardless of employment status. Contact the courts and start raking in the $$$$-- if she has no job she then should have to present to Child support proof of "job seeking" proof that she has been seeking employment or having job interviews. Best of luck to you. The Court system sucks .... it is set up the make the Males fail and the mothers of the children prosper.
2006-12-28 10:03:26 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Absolutely not true, she will still have to make minimum payments. Was there a CS agreement in the custody case? If CS was not established then you will need to go to the local Child Support Enforcement agency and get the ball rolling, they will handle this free of charge. She is still responsible, whether she wants to work or not. Good luck!
2006-12-28 10:01:19 · answer #6 · answered by stacey h 3 · 1⤊ 0⤋
No this is not true. Each state has an amount that is expected from any parent (working or not).
It is not a lot. My X was unemployed also but was still ordered to pay $95.00 a month for basic support and 1/2 of all medical expenses.
Like I said it is not a lot, but she still has to pay whatever the state guidelines are for an unemployed parant ( I live in VA) and once she goes back to work this is adjusted to her wages.
Good Luck
2006-12-28 09:59:16 · answer #7 · answered by just_trump_my_ace 2 · 1⤊ 0⤋
No this isn't true, she is still responsible to care for her child. If she isn't working the court will order her to find a job to pay the support. You have to take her to court to get a child support order, or talk with the local district attorney.
2006-12-28 09:59:40 · answer #8 · answered by DAMON 2 · 1⤊ 0⤋
No! If the child support is court ordered then the money that she owes will go in the rears and when it reaches a certain amount depending on your State a warrant will be issued for her arrest for being a dead beat. If the child support is not court ordered I would advise taking her to court for a legal judgment so that there are consequences for her negligence.
2006-12-28 09:59:21 · answer #9 · answered by TKloves 2 · 1⤊ 0⤋
OF COURSE NOT! I was going through the same situation with my child father and alls you have to do is file a violation petition stating that she is not paying child support and she is fully cable of working , and I promise you the courts will tell her that she has to get a job in a certain amount of time and if she doesn't she will be in violation of the petition and she might spend time in jail. I did the same thing to my child father and he had to spend 180days in the county jail and his bail was the amount of child support he owes me. But by him spending time in jail I get my checks on a regular basis. Trust me, Good Luck.
2006-12-28 10:05:50 · answer #10 · answered by mookie_101 2 · 1⤊ 0⤋
Well, this is true, if she's not working, she can't pay child support. You may need to contact your case worker and question her about the laws pertaining to the non-custodial parent not paying. I don't know how it works in your state or for women, but where I'm from when your behind in paying, your license can be revoked or you can go to jail.
2006-12-28 10:01:40 · answer #11 · answered by Smittie 2 · 0⤊ 1⤋