More-Bench Warrant

iVillage Member
Registered: 03-03-2006
More-Bench Warrant
3
Sun, 07-02-2006 - 8:37pm

X is now over $2700 in arrearrages. But it was his turn to come pick up our DD for his weekly visit.

Brand new (well not brand new but newer than my 2000 blazer) van.

He can't pay for his daughter?!!! Have 2 more kids bum off his sister to live there and have no bills and buy a new van.

I am soo ticked!!!!

I am working 3 jobs. Trying not to spend so much time away from my DD when I have her. But I have to work to make up the difference from where he isn't paying.

DD called me last night (his week with him) and said "We are going on a boat trip tomorrow and my daddy said we are staying at a nice home with a pool." She calls "nice homes with a pool" means hotels.

He told our DD that he doesn't work because "family should take care of Elise NOT strangers!"

Meaning her babysitter that she has had since she was 3 months old and loves like family. So he chooses not to work, has his GF on welfare, bums off his sister and lives in one of her bedrooms with his "new little family." Don't get me wrong I hope he gets married and lives happily ever after and has 20 more kids....JUST PAY FOR YOUR FIRST ONE!!!!!

He has no responsibilty the court doesn't do crap to him but if I say "No she isn't going with you (when it is his time) you can bet money my ace will be hauled in for contempt of court."

If I call what do I say to the police I know someone with a warrant?

GAWWWDDD!!!!

Avatar for momtojoeybear
iVillage Member
Registered: 03-26-2003
Sun, 07-02-2006 - 10:50pm

Have you filed for Child Support Enforcement in your state? I mean, even if he is doing everything you say he is, he will still have to file his taxes at some point and if you have filed for Enforcement, you may have a better chance of getting anything out of him... My xh is over $8K in arrears, and I have filed for enforcement, but he's in another state, living with someone else and doesn't have his name on ANYTHING... but the state he's in has suspended his drivers license--I'm not sure if he realizes this or not yet... and I did get his tax refund this year, which was almost 3/4 of a years support in one lump sum... he's still in the hole, but that chunk has helped a great deal.

I don't know what you would say to the police because once I filed, it really was out of my hands... I keep records of what I have received and call every so often to check status, but the state works on my son's behalf... if you haven't filed yet, do so... in my state, there was a $25 filing fee, but it was so worth it... I can't even begin to tell you...

Good Luck!

iVillage Member
Registered: 03-03-2006
Sun, 07-02-2006 - 10:59pm

I guess I don't understand what filing an enforcement is?

I have to go through the friend of the court and every other month I would get a notice that says "XH is ordered to appear in court on XX-XX-XX at XX:XX for Child Support Enforcement."

Which didn't mean anything because when I received that letter it just meant that he would pay $100 and then I would get another notice saying "child Support Enforcement Order adjourned to XX-XX-XX at XX:XX in lieu of payment of $100.00"

Do i go through my case worker (who believe me probably doesn't want to hear from me) because I do bug them all the time. Why not, it is my child's welfare.

So please explain how you went about it.

Thanks.

Avatar for momtojoeybear
iVillage Member
Registered: 03-26-2003
Sun, 07-02-2006 - 11:19pm

Are you in MI? One of my friends used to be an attorney there (stay at home mom now) and she used the term friend of the court a lot... based on that and that only, I looked up MI Child Support Enforcement... check out this link...

http://www.michigan.gov/dhs/0,1607,7-124-5453_5528_29251---,00.html

I would continue to contact your FOC as they seem to be the ones that hold the keys to the kingdom, so to speak, but... a couple of things stick out to me...

Federal and State Tax Refund Offset Program

If an arrearage threshold has been met, both federal and State tax refunds can be intercepted to pay support arrears.

The arrears threshold for State tax refund intercept is $150. The State tax refund intercepts are requested annually in November.

The federal arrears threshold is $150 for cases that receive TANF (Temporary Assistance to Needy Families), the non-TANF threshold is $500. These arrears must be owed to a child that is still considered a minor or an adult who was determined to be disabled and for whom a support order is in effect. Federal tax refund intercept requests are submitted throughout the year on a weekly basis.

For both State and federal offset the obligor can object based on a mistake of identity or a mistake of fact. In a joint tax return a spouse may make a claim to retain up to 50% of the refund

Lein/Levy

The FOC or State can initiate a lein/levy process against real or personal property, and/or financial assets for collection of child support. It is a two-step process for real or personal property. The one step process for financial assets is done through the State's centralized enforcement process.

License Revocation

Professional licenses, driver's licenses and hunting and fishing licenses can be revoked for non-payment of child support.

Felony Nonsupport

If the FOC determines that a felony warrant is necessary, they can refer the case to the Prosecutor who, in some counties, may send the case to the Attorney General for criminal prosecution of felony non-support. Felony nonsupport actions are generally taken after the remedies noted above have not met with success

I would think that $2700 would be just enough to get more than the bench warrant that seems to be doing nothing more than postponing things... it is more than frustrating... I can tell you, but it seems like they could be doing more...

Keep us posted...

Julie