I have a Nevada Court Order and my ex lives in Idaho. The order states he is to pay $248.00 current and 284.00 In arrearages every month. The case worker lowered his arrearage payment to $25.00 per month and the arrearage balance is $27,500.00 which will take 90 years to pay off. The state law in Idaho is that they can garnish up to 50% and they are not doing that. They refuse to take my calls in Idaho and my Case worker in Ohio never knows what is going on and tells me there is nothing I can do. How can I get him thrown in jail or his license suspended? Should I involve the D.A. and the Attorney General in his state?
2007-12-20 00:07:17 · 6 answers · asked by joliewallace 1 in Politics & Government ➔ Law & Ethics
First of all, I don't know if answering this is worthwhile, as you seem to report people who tell you the truth. You already did this to my wife, and I wonder if you didn't do it to everyone who posted something that you did NOT want to hear hear.
Here's the truth:
If the case worker lowered his arrearages, it was within the guidelines of the caseworker's responsibility. Federal Law, under the Fair Credit Reporting Act, only allows garnishment of up to 50% of his disposable income, after taxes and legal deductions. (The government gets theirs before YOU.) That's the law. So if you feel they are not taking 50%, what is it 50% of? You will never get 50% of his gross income. That's illegal and it won't happen.
Second, if he is this far behind, he is already restricted by federal law in his ability to travel, as he cannot get a passport, or leave the confines of the US. He has to pay his support in full before he can go to Canada, Mexico, or anywhere else.
You can only get him thrown in jail or license suspended if he is not paying anything, and you can prove that he has the ability to pay, and get him before a judge and convicted of contempt. That is the law, like it or not.
The general concensus of case workers is that getting some support is better than no support. His debt will just continue to grow until it is paid.
Part of the problem is that you have a Nevada order, being executed on someone in Idaho, and apparently paying you in Ohio. This makes the burden cross 3 state jurisdictions to be enforced, even if the case is assigned to the state of Ohio.
Even if you get the D.A. or the State Attorney General involved, which one will you get involved?
You might want to consider thinking about what is best for your kid, and approach your ex about some form of settlement to make this go away. If he has any extra money, it may be worth taking a lower percentage one time and calling it good rather than waiting 90 years to collect.
Keep in mind that as the debt grows, the interest of the case workers will grow, if it appears he is not making any attempts to pay. I suspect he has a garnishment on his wages, and that he is communicating with the appropriate agency in order to show good faith. All of this is evidence that he is trying to comply with the order, and the state won't even start a case against him.
Do you want to drive him underground, or do you want to collect what you can?
So that you are clear I've answered your question now. Like it or not. So go ahead and report me so they deduct points, or eliminate my account. I don't care.
Get over your anger, and stop picking on my wife. All she did was answer your question and tell you the truth. I expect you'll delete this, and get pissed, probably have a drink or seven, then write a huge rant to everyone about how people are picking on you and you're the victim because someone out there told you the truth, while all the other idiots out there who feel they are victims take your side. Take a clue from the folks in Idaho. If they don't take your calls, it's probably because they've talked to you until they are blue in the face and they are sick of you. State agencies have that authority. If they find you to be hysterical and unreasonable, they don't have to help you. Take a look at yourself and grow the **** up. People like you are the reason I don't spend a lot of time on Yahoo answers.
2007-12-21 12:02:09 · answer #1 · answered by Goalie 79 2 · 0⤊ 1⤋
You need to concentrate on the State that the order was issued in. The other States actually cannot help you. (how did Ohio get into this fray?) I question how an agency can reduce the amount paid for arrearage since it is a court order (right?). Go to the Nevada Child Supports supervisor and request the info.
2007-12-20 01:36:09 · answer #2 · answered by sensible_man 7 · 0⤊ 0⤋
Your options depend on the laws in your state - for example, some states allow intercepts of tax returns every year.
You may qualify for free legal advice or assistance from a non-profit organization in your state.
Below please find a link to several online legal resources for Nevada, including links to organizations that provide free legal services.
I have also listed a link for Idaho, but if your order is from a Nevada Court that may be where you are going to get the most help with this case. I can't give you legal advice but I suggest that you first try to find a Nevada attorney to talk to.
2007-12-20 02:22:45 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Usually a good idea to start with the case worker's supervisor and go up from there; ask them for the forms you file to have an official complaint lodged and reviewed by a judge.
2007-12-20 00:11:46 · answer #4 · answered by wizjp 7 · 1⤊ 0⤋
If you an get someone in the news media to work with you and get the story out, that will get things moving. There is a Christian legal group that will help you for free. I can't think of it right now. I have a friend who's daughter works for them, email me and I will get the info if you want it.
2007-12-20 00:19:22 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I hope you understand if you throw him in jail and he loses his job he won't be paying you anything. So it sounds like you are willing to get your revenge even if it means you won't be getting paid. You might want to watch yourself...if you try to get him thrown in jail...they might end up lowering his payments again, leaving you with even less. The reason he is NOT going to be thrown in jail is because HE IS PAYING and they don't throw parents in jail or suspend their licenses for paying their child support...even if they are behind. You need counseling to get over your anger.
2007-12-20 01:14:21 · answer #6 · answered by lahockeyg 5 · 0⤊ 1⤋