Bmom not paying CS owes us around $15,000 can anything be done?
We took her to court five years after ss came to live with us. It's been about 5 years since the court order, she was supposed to pay $150.00 every other week...she almost never pays..maybe $50.000 every six months, only after DH is persistent in asking. It cost us $5,000 just to cover legal fees to take her to "court" the first time (it ended up just being mediated)....we are about to buy a house and do not have the money to pay a lawyer...The first 5 years of my ss life my dh paid faithfully, never missing a week. We actually lived with MY parents for the first 5 years of our marriage, mainly due to him paying CS...Now we've let her get away with it for a while. We're not merciless people, yet I'm tired of this woman getting away with it all the time. Even if she would pay $25.00 a week every week..that would be something consistent...She seems to find the money for hair, nails, smokes, etc. Now, I'm at the point where I'm finally going to have a house of my own, a better place for the kids (including her son) and I'm done letting her sit around collecting unemployment, not giving us a dime while we both work. Any advice or similar experiences? Thanks so much. This board is great for venting.
WarriorPrincess
I wish I could answer you. Please check out some of my blogs and you will see I am in the same situation.
I don't know what to do either.
Best of luck..... I'll keep checking back for more answers too!
Can you contact the Attorney General
I'm not sure what states ya'll are in, but here in Texas all you have to do is contact the Attorney General's Office and give them a copy of the Court Order that she has to pay.
BM was ordered to begin paying CS of 200 per mo. Last June but didn't pay a dime until October. When she was several months behind my husband contacted the Attorney General and they began persuing payment from her. But here in Texas all Child Support is supposed to go through the State CS disbursment unit so there is always record.
AS soon as we gave the att General her employer's address they sent her employer a notice to withold the CS from her pay. Then she quit her job. Then they took 1100.00 from her tax refund to pay CS. Then when she began collecting unemployment they took the CS from that.
The great part is if you can get the Att General's office in charge of collecting you don't have to pay a lawyer, if that doesn't work where you are see what you can find of a Father's Rights chapter in your area. Here the membership is 200 for a year and you get access to attorney's for advice and discounted document preparation if you want to try to take her to court on your own.
I can't understand why you had to go to mediation over unpaid CS? That sounds like such a rip off. She did't fallow the Court Order, she should have to pay or go to jail for contempt of Court.
DH and I are ready, as soon as she gets a little more behind were filing a motion to enforce child support!
Good Luck, I hope you get some relief.
Two roads diverged in a yellow wood, and I---
I took the one less traveled by,
and that made all the difference. -Robert Frost-
Or your county prosecutor
Check with your county prosecutors office first they may be able to help.
You always have the choice of going to court without an attorney. Go to the clerks office where they keep all the court files. They're public information. Ask the clerk, very politely, if you they know of a file where someone, with an attorney or not, filed for past child support. "Ohh come on you know everything that goes on around here". Bat your eyes.
Photocpy the file and use the same forms and basic language. Pay a filing fee and a fee to have her served and you'll have your day in court with no attorney. Basically you just claim you didn't get the money and she'll have to prove she sent it if she can.
If the clerk refuses to be helpful send me a private message so I'll get it (I don't come back for answered Threads) and I'll tell you how go overwork the clerk until s/he co-operates.
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There's an exception to everything I say.
Yeah, call the AG
Up to half of unemployment can be taken for CS in Texas up to the amount awarded ($300 a month I think you said). Also, you should get ALL of her income tax refund.
We owed BM about 700
And she filed with her county's CS office. Boy were we mad! There are people out there, like you, who are owed thousands and here she is wasting taxpayers' time and money on 700?!
File with the CS office in your county and they will chase BM. They threatened to report our arrears to credit reporting agencies (BM claimed we owed her 1700 and they report if it's over 1000), and we had to file paperwork to prove she lied. They immediately dismissed it. But as long as you can prove BM owes, you should be good. They are automatically taking CS out of DH's paycheck, and they should be able to take it from BM's unemployment.
Most States
Most states have child support collection agencies. They are usually in conjunction with your local government support agencies...child support, welfare, etc. However, it is their sole responsibility to collect child support from individuals who aren't paying. As with most state (county, etc) offices, the turn around time is lengthy. However, they will pursue collection and if she is working they will garnish her wages. If she is drawing unemployment, they will garnish that. And, they will take any tax refund she has coming every year until she is current on her child support.
Thanks for all the advice!
Wow...I'm overwhelmed. I come from a world where no one can relate to our situation. So glad I found you all! Thanks!
I feel for you. I am in the
I feel for you. I am in the same situation. My DH ex wife owes close to 13000. Have you tried filing contempt? You can do that without a lawyer.