back to court for nonpayment of CS

iVillage Member
Registered: 03-28-2003
back to court for nonpayment of CS
2
Wed, 11-09-2005 - 11:39am
I've been here off and on for a couple years and had a question. I've been divorced almost 3 years and my X has not paid Child Support in almost 1 year. He was in jail, for something not related to CS for 9 months then moved to a work release center where he hurt himself (which is probably a lie) and was released due to his injury. He has been home for 3 months now collecting disablity and has sent 1 CS payment since he was released early. I've thought about filing contempt charges against him because he does get a check but claims he doesn't have enough money to pay. In the mean time he lives with his girlfriend and he's had another child with her that he supports. The paperwork i'd be filing states “the other party will have an opportunity to show an inability to comply with the prior court order.” do you think the court will have pity on him for his own stupidity of being locked up and then for being on disablity?
it will cost me money to file the papers so i'm trying to decide if it will be worth it for me. he is over $2000 behind now and christmas looks really nonexistent this year.
thanks for your replies.
sara
iVillage Member
Registered: 03-26-2003
Wed, 11-09-2005 - 5:01pm
In my State, I have heard that anyone receiving a disability check is going to get garnished no matter how poor he is. The child support enforcement office will take your children's share off the top, to the maximum extent allowed by law. It won't be much, though, I am afraid. And if he does bother to get himself over to the proper office/Court, he can get an order for a reduction in the monthly amount. But he hasn't done that yet. And you can't live your life holding your breath. Do you have a public agency that will take over the collecting on your behalf? Or do they make you use private attorneys in your locale?
iVillage Member
Registered: 03-28-2003
Thu, 11-10-2005 - 10:07am
i'm going to try CS enforcement in my area and see how much help they can be. i've heard they take their time, because they have sooo many cases. but eventually they will make sure he pays. it will cost me the same amount to open a case with them as it would to have X served with my papers.
thanks for the info.