What actions can I take on collecting child support?
I know this is a very common subject, but my ex refused to work and plays on being disabled, which hasnt even been established. He lives off his new fiance and she has two kids of her own. I found out from child support, that he walked off his last job, so I know he is refusing to work. Him and I had three children and he is only required to pay 129 a month for all of them, which now he is behind 4000.00. Can I take him to court so action can be taken or would it just be a waste of my time? I am working thru child support enforcement but they are so overloaded, nothing has been done. Im constantly waiting for them to contact the other state and then its just more waiting… Any advice would be appreciated.. I don’t think he deserves the right to just ignore ALL responsibility. He already ignores his kids.
I should mention in reference to an answer I received.. I do have a terrific job and do well supporting my children on my own. The point of the matter is just to give him a wake up call and take some responsibility.. I cant make him do it, but I can sure make him stress for once in his life.
If you put as much effort into getting an awesome job as you do trying to force your ex to be responsible you coudl probably be really well off on your own.
Give him time to amass arrears of $5,000 then file a complaint for Federal failure to support and let the U.S. Attorney put him in jail.
CyberShark is at it again. I would love to know what law school he graduated from.
As to the specific issues, I suggest anyone wanting to know the Federal statute englighten themselves regarding the 1998 amendments.
The 1998 amendments to 18 U.S.C. § 228 rewrote the statute to provide, in relevant part:
(a) Offense.–Any person who-
(1) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000;
(2) travels in interstate or foreign commerce with the intent to evade a support obligation, if such obligation has remained unpaid for a period longer than 1 year, or is greater than $5,000; or
(3) willfully fails to pay a support obligation with respect to a child who resides in another State, if such obligation has remained unpaid for a period longer than 2 years, or is greater than $10,000; shall be punished as provided in subsection (c).
(b) Presumption.–The existence of a support obligation that was in effect for the time period charged in the indictment or information creates a rebuttable presumption that the obligor has the ability to pay the support obligation for that time period.
Fines and jail sentences are not the only consequence of a federal conviction for non-payment of child support. A court may also order a defendant to pay restitution to the custodial parent in an amount equal to the child support arrearage existing at the time that the defendant is sentenced. 18 U.S.C. § 228(c).
I suggest the poster make up her own mind. I’m tired of the petty crap.
You should continue to work with your local IV-D office for enforcement. Keep calling them and asking them to pursue your case. If a warrant for his arrest has not been issued, ask why it has not. People have a way of finding money when it is required for a bond.
The US Attorney probably will not take your case unless you can show that he has travelled across state lines to avoid child support. He will have to be 1 year OR $5,000 in arrears, so in your case he has violated the federal law. You must first show that state action has not worked so you will have to pursue your case as described above first.
Best of luck to you.
I agree that the petty crap has gotten out of hand. Funny that the complaint should come from the source though. I would suggest that those who are tired of this “petty crap” simply report those who violate the TOS by disparaging others.
It’s always a joy to see hexeliebe validating the truism that it’s better to keep silent and be thought a fool than to open one’s mouth and remove all doubt.
Get him in court for failure to support. When he explains what a freeloading deadbeat he is, many are the judges who will enter a judgment for arrears and order him to find a job. If he fails to work and pay support, he’s in contempt of court and his tuches goes to jail to encourage him to be responsible.