Child Support Enforcement
DH opened a CS case with CSS the day he was awarded custody (2009). In the last 5yrs, the longest period of consistent payment has been 6mos. At one point BM went 9mos with ZERO support paid, and CSS did nothing until I contacted the gov's office. In January 2014 ror the 3rd time in 5 yrs BM was put under a contempt order. HOWEVER...the CSS Atty is setting the case for review every 60days instead of 30, and each time she appears, she has failed to pay the minimum requirement ordered by the contempt order. I have contacted CSS regarding the extended time between appearances & the failure to pay. The response was: BM's license are set to be suspended (3rd time in 5yrs, & she still drives on suspended license), we've seized her bank account, we've sent her employer payroll deduction forms (she works for her MIL), and the BM's SS# is set for CSE to intercept involuntary payments (ie: tax returns, insurance payouts, lottery winnings). In GA there is an option for work release, does anyone know how to try to get BM in work release? CSS says it's up to the Judge...can DH send the Judge a letter and make a plea for work release?
Maybe if she had a penis.
Maybe if she had a penis. lol. Sorry, couldn't resist. Unfortunately, most judges are not going to put a woman in work release. As you've seen, they practically bend over to give them a million chances. System is way too slanted to favor BMs.
EX-ACTLY! HUGE double
EX-ACTLY! HUGE double standard. If BM was a GUY (aka NC-biodad) they would be pursuing her like white on rice. You would have received THOUSANDS by now.
DH & I have said the same
DH & I have said the same thing! My ex had to appear every 30days, they threatened him with suspension of license & work release, but this BM (I refuse to call a woman) has not consistently paid CS in 5 yrs, yet she is still free to party & do as she pleases. Thankfully my DH is a good provider for our family, but that's NOT THE POINT. These are her children, she should have to help support them!
So funny, she's been to jail
So funny, she's been to jail once regarding CS...but not for non-payment...she failed to show up for one of the hearings so then they issued the warrant for her arrest. It really pisses me off, because my ex pays religiously now and sometimes can't afford to buy extra things for my bios on his weekends. The skids come back from visits with BM and talk about going out to eat, getting new toys or new cell phones. So, it's not that she can't afford to pay, she just refuses to pay and the SYSTEM allows her to get away with it. Maybe the upcoming hearing something more will be done, she was ordered to pay a certain amount by the end of August and did not pay it.
DH can't afford to miss
DH can't afford to miss anytime from work right now (we have a lot going on with SS11 & have regular meetings with teachers/counselors and time-off has to be saved for that reason). I am still curious though...has anyone ever tried contacting the Judge to plead their case via a letter, email, phone call? I have tons of documentation showing the inconsistency of payment, should I send a copy of all 5yrs worth to the Judge along with a request for stiffer punishment for her continual contempt of court?
Wow! I wish they would send a
Wow! I wish they would send a letter like that to us. The 6mos of consistant payment were the 6mos after she was released from jail...PLUS her family had to bail her out ($600.00) my DH received the majority of that towards her arrears. That's why I like work release...it forces her to keep a job & to pay CS from her earnings or she sits in jail, I don't understand why that option isn't being used. They've tried everything else with her & nothing has worked. Her last license suspension lasted over a year...they were just reinstated in June, and are already set to be suspended again! They seized her bank account 3yrs ago...I guess she cashes her pay check at the liquor store. We've received her tax returns every year since DH was awarded custody. There has to be a point where the Judge says, "I'm tired of giving you chances!"
Re: Work Release...the judge
Re: Work Release...the judge is the one to decide upon this. You may want to think very carefully about this option....in my experience it backfires on the party receiving Child Support. During work release the person is allowed out generally in the daytime from lets say approx 9-5...keep in mind their drivers license is suspended (ergo they can't drive back and forth to work) and prisons/jails don't have parking on site for those incarcerated...then from their...many times the person incarcerated loses their job...and generally you receive less or nothing...in most cases the strict regulations of work release make it impossible to earn a living and it benefits no one...I hate to tell you this but it is the truth... in the end the person on work release gets stuck in the system and it is down hill from there...I wish I had a better answer but there it is...
In my own situation I fought in court a few times NOT to have my ex put on work release because at least something was better than nothing......and had he been put in work release he would have surely lost his job. This did benefit my son in the end...I know I will probably take a lot of heat for what I just wrote but it is just one person's story and the benefit of my experience in the legal field...my son is now 26 - his fathers was so very thankful that I stood up for him and he and his wife did everything possible to be 100% present physically emotionally and monetarily...I wish you the best!
Under normal circumstances I
Under normal circumstances I would agree work release might not work for everyone. However, this BM works for her MIL. After being incarcerated in 2011 MIL had job waiting upon her release. I think my biggest gripe is that the CS case was opened the day DH was awarded custody and within a 5yr span BM has been under 3 contempt orders, had her license suspended multiple times, had her bank account seized, been incarcerated - for failure to appear, not failure to pay, and has thousands of dollars in arrears. During the same 5yrs my Ex has paid thousands of dollars towards his arrears and current support, but if he hadn't I feel assured he would be sitting in a county jail right now. She has an upcoming CS hearing, we will see what the CS atty (that is supposed to be representing DH & the children) recommends this time. Currently we are at 51 days without a support payment...WHILE SHE IS UNDER A CONTEMPT ORDER!