once an absentee dad is served with child support papers that say he has 20 days to begin paying or to respond for a hearing, what happens if he does NOT ask for a hearing but also does not start paying. Do they start garnishing wages instantly, or do they send him to jail? Or do they do anything at all?
2007-01-23 14:56:27 · 15 answers · asked by ? 6 in Pregnancy & Parenting ➔ Parenting
get the kid to write a letter sayin she needs shoes or something
if he doesn't get em, he will not be able to sleep
2007-01-23 15:02:48 · answer #1 · answered by kurticus1024 7 · 0⤊ 1⤋
that pretty much depends on what state you live in, I am assuming that there is no actual order drawn up yet, that you are in the begining stages of your fight for childsupport.
If there is no contact from the absentee, then the state will assume your claim is valid and issue an order for childsupport.
The state must establish that A. he owes you childsupport, and B. how much. Once this has been established they will issue an order to withold if he does not make an attempt to pay, Then you should receive childsupport payments with 4-6 weeks. (if there is no dispute, the non custodial is locatable, and all information on employer is there)
Now if he contests it there will be a paternity test to take, and of course more court dates. Remember that just because an order has been issued, it doesnt mean you are going to get your childsupport, unfortunately i have had to track down my ex, his employer and report everything for almost four years now. everytime he is "found" he quits his job and moves so that no money is taken out for childsupport. but thats the ugly side of it... i wish you luck and if you ever want to talk about it my yahoo msgr is littleangel99_1999
lisa
2007-01-23 15:09:29 · answer #2 · answered by lisa b 2 · 0⤊ 0⤋
I think it depends on the state. A friend of mine went thru the same thing and she basically had to put on the pressure.
She ended up calling and filing a complaint after his time to respond/pay had run out. After 120 days overdue (she had to call them back and let them know there still was no payment) they asked if she wanted to have them put a warrant out for his arrest and she agreed. They actually will pick him up and he will get a hearing anyway!....but, like I said...it depends on what state you live in.
If he has a job they will collect his employment info and garnish wages ASAP. If he doesn't have a job they usually give him a deadline to get one. If he still doesn't have a job at the end of his deadline (1 month or so) he will serve time (usually like 30 days for the first offence). Either way he will be responsible to pay the child support he missed along with what he owes.
all depends on your state though.
It's a real long process but hang in there.
2007-01-23 15:16:23 · answer #3 · answered by tiffany 3 · 0⤊ 0⤋
It takes a long time for them to do anything. If they can find where he works, then a garnishment can be ordered thru the court....however, he will be notified first. He can then change jobs, so that's the downside. He will not be put in jail. You can get on welfare benefits to help out financially, and then he will have to repay the county for the amount you recieved.....
Here's a horror story for you: My cousin owes $29,000 in arrears and he has his wages garnished only recently. They never bothered him before. He hasn't been hiding...just the court is really slow about it. He only pays the county back now, for a sum of $50 a month! There's a deadbeat dad for you!
2007-01-23 14:59:31 · answer #4 · answered by FrazzledMom 3 · 0⤊ 0⤋
It depends. Has Paternity been established yet? Is this the intial hearing? All the initial papers are doing is notifying him of the child support case. In many cases, a hearing will be scheduled at which time child support will be set. It's hard to say exactly what will occur without knowing where in the process you are.
Jail only usually occurs in EXTREME cases- I deal with child support of my 13 and 17 year olds....the only time either of their fathers has gone to jail (overnight) was not because they weren't paying me, but because they didn't appear for a contempt hearing.
2007-01-23 17:36:46 · answer #5 · answered by TRAC 2 · 0⤊ 0⤋
I had this problem with my ex husband but this was in the state of Texas. When he failed to respond and failed to pay they submitted to his employer papers to garnish his wages. He never went to jail and he was only 2300 behind. He did not follow our court ordered support agreed upon in the divorce but the Texas Attorney General made sure the judgement was inforced once I contacted them
2007-01-23 15:02:00 · answer #6 · answered by texas_angel_wattitude 6 · 0⤊ 0⤋
he starts running a tab with the state....if he continues not to pay, and it gets to a certain point (depending on what state you live in)...a warrant will be put out for his arrest...and the tab continues to run as he serves time. If he files a tax return, and is owed a refund, you will recover some of what is owed threw that, as the state will send it to you. The state can also put a lean on his home if he owns one, but can not collect from it unless he tries to sell. Good luck.
2007-01-23 15:02:39 · answer #7 · answered by catywhumpass 5 · 1⤊ 0⤋
you will probably have to go to court in order to have them garnish his wages by a court order. It could take up to an additional 30 days after the court hearing of the initial complaint.
2007-01-23 15:00:23 · answer #8 · answered by twysty 5 · 1⤊ 0⤋
they would most likely issue a warrant for his arrest, which will take forever to get started, then once they finally do find him, and put him in jail, he will most likely get out the next day because the jails are so over crowded, and then the single moms who need child support dont get it, and the lazy worthless dad gets out of jail, and still doesnt have to pay, and its just a contiuned cycle. basically a waste of time.
2007-01-24 01:40:48 · answer #9 · answered by meg 3 · 0⤊ 0⤋
They will send you and him papers if he has to go to court. The papers they send you are to tell you the time to appear. It's suppose to be the child support's people job to keep track of his non payments but they have so many cases it's much easier if you call the support people to tell them he hasn't paid support. Then they follow through with the steps of him being in contempt of court for non payment.
2007-01-23 15:03:23 · answer #10 · answered by GTO 4 · 0⤊ 0⤋
Hang on in there, the system is slow and if the absentee dad is hard to find, that would make it difficult. England is different to the US, so the answer is about the same, but in England, they really go to some trouble to find the S.O.B.
2007-01-23 15:02:01 · answer #11 · answered by lucy_locket_991 2 · 0⤊ 0⤋