I have a question about the guidelines to child support when a non-custodial parent doesnt pay?

Question

his child support in a year. The current state i live in just sent paperwork to the prosecution attorneys office to be forwarded to the state he lives in for contempt of court. Child support just also found that he started a job on Dec 20th 2006. His last payment was Jan 10, 2006. So i will be seeing the monthly payments from him finally. Before this he paid his child support all the time. Basically i was kinda wondering in these cases what does a judge do in this kind of sitaution. He has 4 kids with me and is remarried and has 2. i was told, because my kids was the 1st marriage they do come 1st before the 2nd family. ...............And also with the income tax knowing he has not worked all year. She has (his wife). Does she file a injured family member where it doesnt get sent to the kids. Because i know when he is behind automatically it comes to me his half. But with the injured form will it come to them or not??? So i have several questions about this.

Answer 1

well, the honor system doesnt work, thats for sure. good luck if you finally get him to start paying again. some deadbeats suddenly 'get laid off' or get paid under the table, just to avoid paying for their own children.

sick, sad but true.

yes, YOUR kids come first when it comes to money.

contact your local legal aid office. they are in all states (and counties) and 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 no luck, call your states Bar Assoc for it.

also, every state is different (slightly) with child support guidelines, so i dont know what they will do about the wife issue. here are some links, one is a CS calculator; just click on your state and fill it in. also with the other links, just find your state and the subject you have questions on.

the last few are to help you.

http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.deadbeatjustice.com/list.htm
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.divorcelawinfo.com/
http://www.divorcelawinfo.com/calculators.htm
http://www.helpyourselfdivorce.com/child-support-calculators.html
http://www.divorcehq.com/deadbeat.html
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.hhs.gov/programs/region2/index.html

http://www.supportkids.com/
http://www.singlemoms.org/info/main.htm
http://www.singlemotherresources.com/
http://www.angelfire.com/nj4/njcomputerchick
http://www.parentswithoutpartners.org/chapterfind.asp
http://www.mowaa.org/
http://modestneeds.org/
http://freecycle.org/
http://www.salvationarmyusa.org/usn/www_usn.nsf
http://www.redcross.org/where/chapts.asp

i am a single mom of 4, and my deadbeat ran to another state trying to avoid child support. getting paid under the table (like they all try). its a joke to them...til the law catchs up to them.

if the amount he owed hit a certain amount, they should have a tax refund intercept (state and federal) on him. this goes directly to you.

even if he's not working, he STILL has to pay child support (plus arrears).

all of these links above have helped a great deal.

stay strong and stand your ground.
mom of 4 too :)

Answer 2

First, as far as what he is behind, they will figure out his child support payment from what he is making now and add a bit more until he is caught up. All the children are considered when it comes to the percentage he pays. Neither households' children come first. Each state has a percentage based on children within and outside of his household. Since he was unemployed most of the year last year, the tax return and the earned income credit will be determined off of her income. She can choose to file injured spouse and they break it up according to what she would have claimed had she filed separately. Because she made the income, she would claim the other children and it would entitle her to the return. There is nothing you can do about that. The best you can do is to stay on top of the child enforcement agency and see to it that they deal with this in a timely manner. If there is a current child support order with the court, the agency needs to send a witholding to his employer so that you can at least start getting something while you're waiting to go to court to fix his past due payments. Good luck.

Answer 3

Your question was a little hard to understand. I think your asking if he didn't work last year and they file their taxes jointly will you still get part of the income tax return??

Sadly the answer to that question is no. If she filed an injured family member form you will not get anything. You should be alloted a small amount of excess money each month though to cover his back support.

Answer 4

If she files an injured spouse claim the IRS figures up how much is her 'share' of the return and if HE didn't work - then you really arent entitled to HER money....that would only make sense. And it takes a while if he lives out of state for the court system to work. I knew someone that had the same problem and it took 9 months before it finally went to court so I wish you luck!!!

Answer 5

Contempt comes in two flavors, criminal or civil. The difference is whether or not they are trying to force him to comply or whether or not they will simply send him to jail no matter what happens. If it is a civil contempt and he is found guilty, he will be sent to jail for either a limited amount of time or until he pays a set amount (usually the latter: for this reason, a person in civil contempt is said to "hold the keys to his own cell"). If it is a criminal contempt charge, then it is a crime in the ordinary sense of the word. Meaning he can be sent to jail for a longer period of time, but he also acquires the right to an attorney or to be appointed one if he cannot afford it.

Answer 6

for over 4 years I tried colleting child support for my daughter. I only rec'd it when the courts MADE him pay. Child Support Recovery in my state does not appear to work the custodial parent, at least in my case. He eventually begged me to let my current husband adopt and that eliminated all past due (to the dune of about $15,000.00). But since he never made an effort to even see her when he only lived 5 minutes away, I was glad to get him out of our lives. I never even colled on the income taxes because he was working under the table.

Answer 7

it doesn't matter who came first. all children need to be supported. there is an agency in place called: the child support enforcement agency they have a formula they go by to see how much child support he will have to pay you each month.(in WV it was 15% of his gross pay)(might have changed by now) back child support is a different matter, he could go to jail, they could take things that are registered in his name, he could lose any or all licenses that he holds. i do not believe they can touch her income taxes if he did not work. only if he contributed to that money.

Answer 8

You will get NOTHING from his 2nd wife even if they file jointly. Her share of the refund will go to her as SHE does not owe you child support your ex husband does. She is not responsible for the finances of YOUR children, only her's. And yes Your children will come first but only out of HIS pay/taxes

Answer 9

end of your question is not quite clear, injured family member what? Call a tax person and ask or the child support division in your county.

Answer 10

Probably. The Kentucky courts are notoriously anti-male. The law states otherwise. You would need to be able to afford a competent lawyer, which if they only awarded $60 per month is unlikely. You could try legal aid. You can read the law at (see source).