Child support?
Ok, for child support if the paying parent doesn't pay, their supposed to go to jail right? Or if they lose their job their supposed to take it upon themselves to pay right? See the guy i'm dealing with is A convicted felon (weed). The support agency knows where he live and works, I havn't gotten A payment in 3 mo. So isn't the support agency supposed to put out A warrant or something for not paying? If any1 could give me some info on the laws of child support, or point me in the direction of and good website I could find some info one I would really appriciate it! 10q n advance!
Answers:
Have Child Support Enforcement to file contempt of court
The only way he'll go to jail in this instance is by court order. You may need to file a motion to get back in front of a judge so that he/she can issue such an order. Otherwise, if you're working with child support enforcement, they can do things unilaterally such as: suspend his drivers license, put a freeze on his passport until he pays and intercept his IRS tax return when he files.
your states attorney general office
There are normally other steps that are taken prior to arrest. They can garnish wages, suspend driving licenses and garnish income tax returns.
Also, if a payor loses his job, he may be entitled to pay a lesser amount of support, unless of course he just up and quits so he doesn't have to pay support (many people try, many people fail).
You make reference to "a support agency". If this is being monitored through some enforcement agency, there should be an officer designated to your case that you can ask questions to.
You need to call friend of the court and they will start a "show cause" hearing (takes about 8 to 10 weeks), if he doesn't show up to the court date, there will be a bench warrant out for his arrest, if the amount owed gets to a certain point, it will become a felony. Some states also suspend licenses. Friend of the court will no automatically file in court for you, you have to call and report it yourself. Its good they know where lives, cuz its easier to serve him.
Does he have other kids, or financial hardships, because that has alot to do with why you will or won't receive child support, and he may be one of those guys who every time child support finds out where he works, he quits his job. They don't automatically send you to jail either. It is a whole long drawn out process. They usually after a considerable amount of time will usually suspend their license or something, but if they were to put the guy in jail you really won't get no child support. Plus inorder to get child support there has to be a court order established and that can take a long time also, have you been to court yet. Has praternity been established for the child with the man yet. There are alot of things that happen in order for someone to legally have to pay child support. The good news is that once the child praternity is proven and a court order is issued then the father will have to pay arrears, which is back pay for however many months it takes to get the order signed by a judge. Good luck and don't trip. And also don't bank on getting paid, like I said even with a court order they still can't just enforce it. They can garnish his wages, but if he is anything like my sons father, once child support attaches his wages, he quits working and finds a different job until the child support catches up with him again and then he quits and does the same thing over and over again. Don't feel bad in four years I have only recieved 24.16 in child support. Good Luck
Each state is different I did not recieve payment for three years and then all of a sudden the states finally made him start paying even though the whole time they knew where he was. The best place to look for laws is to search your state laws it is easily done on the interenet for example texas is the child support division and they help out with all questions in kansas it is social rehab services that deal with it and Kansas is very slow and dosent do a whole lot to help, If it is a problem in kansas the best advice I can give is getr a lawyer and go from there.
Have you signed up thru the support agency? If you haven't, they will not do anything. If you have, you may need to call and gently remind them about your case; believe me, they are swamped. However, the support agency can't put out a warrant on their own; they can only get your specific case in front of the judge. They will file a "Rule to Show Cause" and it will be set for hearing. He will be notified to show up and explain why he isn't paying. If he gets sufficient notice of the hearing and doesn't show, then a judge can issue a warrant. It sounds like you are in for an 18-year battle.
think of it this way eventually you will get it, how can he pay you if he's not working. They don't automatically go to jail. a lot of times the CS department is more than happy to work with them. They usually take away the drivers license and or any professional licenses first. Your ex can also go ask for a modification due to losing his job and get the CS amount reduced to minimal to nothing.
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