Advice on Collecting on Delinquent Child Support

My ex has been reported to the credit bureaus due to non-payment of child support. How will this affect him?

My ex has been reported to the credit bureau due to non payment of child support. He has a home with no mortgage, tons of investments, several credit cards (always paid off), and at least 2 lines of credit always available. How is this going to affect him in any fashion?

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  • Review how delinquent child support payments can affect a credit report.
  • Examine the kinds of collection efforts that can result from delinquent child support.
  • Understand the steps you can take to collect on delinquent child support you are owed.

Thank you for your question about delinquent child support payments you are entitled to receive but have not received and the implications of the delinquent payments appearing on your ex-spouse’s credit report.

Strong Negative Effects Possible When Delinquent Child Support Payments are Reported

The fact his delinquent child support payments have been reported to the consumer credit reporting agencies will likely have a negative impact on your ex-husband’s credit rating, which could make it more difficult for him to obtain credit in the future. In addition, his current creditors, such as the credit cards you mention in your question, may see him as a higher risk borrower due to the child support delinquency appearing on his credit reports.

Even if he makes his payments to his other creditors on time, any significant decrease in his credit score may cause them to lower his credit limits and increase his interest rates. The reduction in his credit score may also result in the closure of his open credit lines, depending on how much the delinquent support damages his overall credit rating.

To learn more about how delinquent accounts, including unpaid child support, can affect a consumer’s credit profile, visit the Bills.com .

Delinquent Child Support Can Lead to Garnishment, Levy, Suspension of Driver’s License

Having fallen behind on his child support payments, your ex-husband likely has much more to worry about than his credit score. Failure to make court-ordered child support payments has serious consequences, many of which your ex-husband may not have considered when he decided to stop paying his child support. In addition to being reported to the credit bureaus, unpaid child support can result in the suspension of the non-custodial parent’s driver’s license, the garnishment of his wages, levying of his bank accounts, seizure of property, and in severe cases, can even result in jail time.

Consult with your attorney as soon as possible to discuss the options available to assist you in enforcing your ex-husband’s child support obligations. It sounds like your ex-husband has significant assets, including investments and a home which is paid off. You may be able to collect against these assets, forcing your ex-husband to pay his delinquent child support by seizing his investment accounts or by forcing the sale of his home.

Unsure how to handle your debt? Let the Bills.com give you a customized report on your debt resolution options. It’s free!

Use All Resources Available to Collect Delinquent Child Support

Contact your state’s child support enforcement agency. Many states will assist custodial parents in collecting on delinquent child support debts, which can be especially helpful for parents who are struggling financially and can therefore not afford an attorney. State agencies can also take direct action such as suspending the drivers’ licenses of delinquent parents, which has proven to be an effective way to coerce obstinate individuals to pay up.

Find a state-by-state list of child support enforcement agencies by visiting the page. This Web site can also help you find federal government resources that can assist you in enforcing an outstanding child support obligation.

Consult with your attorney as soon as possible to discuss the options available to help you collect on this debt.

I wish you the best of luck in collecting your ex-spouse’s delinquent child support payments. I hope this information helps you Find. Learn & Save.

Best,

Bill

110 Comments

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  • 35x35
    Apr, 2012
    lana
    My ex husband has several businesses:cafe, marble and tile installation , jewlry store, he also rents out his house. He is $16,500 behind in child support. I am originally from another country, have no family here. Right now me and my kids live in subsadizing housing and I can't hire the attorney. I have a case with colorado child support enforcement unit for many years. They can't make him pay child support. They suspended his driver's license twice(he drive his waitress's car), they filed the judgement, put lien on his property etc. They told that he keeps very little amount of money on his bank accounts, he doesn't pay taxes, he doesn't report any income. He lives in another town, 2hours from us, in very expensive area, near Aspen. I can't pay my bills. recently I got the disconnection notice from utility company. There is no attorney in our town who would help me for brono. tried everything, called main child support unit in Denver, but they told that they on a limited funds and overloaded. Please, give me advise that would work in my situation.
    0 Votes

    • 35x35
      Apr, 2012
      Bill
      If you have already discussed your case with your state child support agency, I do not have a suggestion to give you immediate relief. Do not give up. Consult with a lawyer who has family law experience to see if you have a case in civil court. I realize paying for a lawyer is a daunting task in your situation. Call your county bar association and ask for the names of the organizations that provide no-cost legal services to people with low or no income in your area. Make an appointment with one of the organizations, and bring all of the documents and letters you have regarding your case to your meeting. The lawyer you meet will advise you accordingly.
      0 Votes

  • 35x35
    Mar, 2012
    Daisy
    My husband is 30yrs old and his father only paid a total of 2 child support payments the whole 18 yrs. We no longer live in the state that the child support was granted and he would like to know if he has to contact a laywer in the state we live in now or the state it was granted? He would like to get the money that is owed to him if at all possible.
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      Your spouse needs more assistance than someone like me can offer in an e-mail message or Web posting. Consult with a lawyer who has experience in litigating family law issues. He or she will advise you about how your state's laws apply to your spouse's situation.
      0 Votes

    • 35x35
      Feb, 2013
      question
      I don't think your husband would be owed the money. Your husbands mother would be owed. She is the one who paid his fathers share while the father was not. She would be reimbursed what he should have been paying and didn't.
      0 Votes

  • 35x35
    Mar, 2012
    Emerald
    My ex whom ive never married owes back child support, he just his first wage garnishment and is now trying to modify the payments my question is because my son is now 18 will he still have to pay the back child support and as long as he is working will they continue to garnish and levy his bank and wages till debt is paid? thank you for your help.
    0 Votes

    • 35x35
      Mar, 2012
      Bill
      Child support questions are difficult to answer for two reasons. First, the state laws vary and are nuanced, and it is easy to misinform readers. Second, each set of circumstances are different, and the amount of child support you are entitled may be different from the person next door. Therefore, your best sources for accurate information are a lawyer in your state who practices family law, or the state child services department that administers the child support payment program. I realize my answer is not what you were seeking. However, I would rather give you a sincere non-answer than one that is incorrect.
      0 Votes

  • 35x35
    Mar, 2012
    Jen
    Hi, my boyfriend owes back spousal support only. The spousal support accrued only because the x-wife has been dodging service for 5 months or more so he has not been able to get it served properly, so it has been accruing. Finally he got the court to enable him to serve it to another party so he will be finally able to reduce the support. He currently is obligated to pay about 80 percent of his income. Anyway, my question is this, most recently Child support services took money out of his account that was not even there and the bank charged him for it as an overdraft. He only had 10 cents in his account and they charged him 90.00. On the notice it says they can take his car. He is disabled (state disability ended for him about a year ago) due to a shoulder injury that the insurance company postponed the operation for. The doctor said that he can not go back into his occupation any more. His x wife signed that he can retire so he did. Can they sieze his car if it is worth less than 2,300.00 to pay the back spousal support in California? Even if he has been trying months on end to reduce the spousal support when she has been dodging service? The judge said that it was very important to reduce the spousal the last time he went in and the court finally allowed him to do substitute service. Can child support services take the 2005 car? And how much does the car need to be worth to make it exempt from siezure? Also the back spousal owed is about 1100.00. Since he only makes 700.00 pension, 250 a month for spousal, and 230.00 a month for child support, and the spousal has not been able to be paid. We tried to seek legal aid but legal aid said that there is no money in the State coffers to help even though we qualify. Thank you. Between a rock and a hard spot.
    0 Votes

  • 35x35
    Feb, 2012
    Heidi
    i was wondering if anyone can give me some advise. yesterday family division wiped out my bank account leaving me with a -$1265 balance. two days before i had gotten my tax refund. the best part? i don't have kids. my boyfriend and i have a joint checking account, which is the one that was emptied, and he owed 5 months back child support (he got a new job in september, which was the last time he paid, and coworkers at his new job had told him when he started that they had problems getting their child support of their paychecks with that business, and he finally had gotten everything in place so that his paycheck this week was the first one that would have the child support garnished). up until this point he has not missed a child support payment, and had payed every month for the past 10 years. but that's not the point. the point is I filed MY tax return and they emptied out my entire account. is there any way i can get ANY of the money back from family division? i don't think it's fair that i have to pay his back due child support, when we are not married, and the only thing that links he and i together is this checking account. thanks so much for your help!
    3 Votes

    • 35x35
      Feb, 2012
      Bill
      Joint accounts are subject to bank levies, in the case of a court judgment against one of the account holders. I would suggest that you do not have funds in a joint account, if there is a chance of future bank levies. You can speak with an attorney, although the expense may not make that a viable alternative, as it is unlikely that you will be able to get your funds back.
      2 Votes

  • 35x35
    Feb, 2012
    Lili
    My sister is divorced and the custodial parent of her son (NYC, NY). She is owed in excess of $20,000 in back child support from ex-husband. Her son began to have disciplinary issues, etc, decided to live with the father. My sister STILL has custody, is the custodial parent per divorce decree. The ex-husband now is filing for child support (after the child has lived with him over one year). How can he ask for child support when she is a) STILL the custodial parent on paper and b) he owes HER in back child support and if so HOW IS THIS POSSIBLE? What recourse if any, does she have?
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      Your sister should consult with either the lawyer who handled her divorce, or find another lawyer to speak with, in order to best protect her interests.
      0 Votes

  • 35x35
    Feb, 2012
    Kammy
    (I'm 32 years old) My father never paid child support from the time I was born until I was 18 years old. Can I try to get back child support payments from my father even if my mother doesn't want to try?
    0 Votes

    • 35x35
      Feb, 2012
      Bill
      Child support laws vary from state to state. I think it likely that laws of the state in which the child support award was granted will govern the situation. In some states, a child support order can last as long as the state allows a judgment to be enforced.

      I suggest that you speak with an attorney in your state that specializes in collecting on child support. You could also try contacting the state authority that enforces child support collection.
      2 Votes

    • 35x35
      Feb, 2012
      Kammy
      i lived in new jersey from the time I was born til i was 15 years old and i lived in north carolina from the age of 15 to 18 years of age. would i have to contact two different child support agencies?
      0 Votes

    • 35x35
      Feb, 2012
      Bill
      You may indeed have to contact the state agency for both states. However, I think a good place to start is with the state agency in which the child support award was originally issued.
      0 Votes

    • 35x35
      Feb, 2012
      Nicole Dunigan
      Yes, You need to go back to the original state. In my state they don't care how old the case is or the children. My aunt is almost 60 and recieved some child support. But, If your mother doesn't want to pursue it then you most likely won't get it. Because even though it should be granted to you, It's ordered to your mother to take care of you. My son is 15 and I've never gotten a dime! He has no drivers license and has warrants but doesn't care. Good LUck!!!!!!!!!!!!
      0 Votes

    • 35x35
      Feb, 2013
      question
      It is your mother's money not yours. She paid his share when he didn't. If she chooses to go after him it would all go to reimburse her for raising you on her own.
      0 Votes

  • 35x35
    Feb, 2012
    Mike
    Hi, I'm in NYS. I have custody of my two teenage girls and their mother has not paid child support in over a year. She owes $9k and counting. When I got custody / child support a couple years ago she worked for about a month and then quit her job, specifically so she could avoid child support. She is re-married.. so her new husband pays all her bills. What can/should I do to get her to pay? I'm pretty sure they have already taken her drivers license away.. but she doesn't seem to care. When will they throw her in jail? should I get a lawyer to help with this?
    0 Votes

  • 35x35
    Feb, 2012
    stuart
    Hi my daughter lives in new york state and the father of her 9year old son has not paid child support but has now moved to florida and is working but she has been told the florida courts will not go after him for child support untill he owes over 20 thousand dollars is this correct hope you can help Stu
    0 Votes

  • 35x35
    Feb, 2012
    Laura
    Is been so many years, like 10 years, that the father of my daughter not been paying child support,now she is in college, and she needs all the support she can get. Not eve a letter or a birthdate card, or christmas car for her, no phone calls. Is pretty sad how some parents dont participate in the life of a child, in either way, .
    2 Votes

  • 35x35
    Dec, 2011
    Simon
    My ex owes over $ 66,000 in back Child support and has not seen her children in ten years. 4 years ago I found her, made contact, allowed her to write the kids but once again she failed to keep up. One child just turned 18 (my being at odds with him...he went to stay with grandma), he found his mother on FB and reconnected with her. My daughter now 12 hasn't seen her mother since she was 2. She moved to another state and stopped paying child support..now she's back. Can I terminate her parental rights and keep her from approaching my daughter. ( I worry she will take her and flee back to her state). Iowa child support is uncooperative and does not enforce payment(stating she is exempt..who is exempt from taking care of their children?)Is there someone higher up I can complain to?
    0 Votes

    • 35x35
      Dec, 2011
      Bill
      You mentioned Iowa. Consult with an Iowa lawyer who has family law experience to learn your rights and why the state is not collecting child support from the non-custodial parent. I realize my answer is not responsive to your question, but these types of questions are very fact-based. A local lawyer will be able to interview you, review the support order you received 10 years ago, and read the documents you received from Iowa Child Support Enforcement and explain your options.
      1 Votes

  • 35x35
    Nov, 2011
    Kellie
    Back in August my EX was held in contempt with 30 days on the shelf, dismissed, as long as he started to make regular payments in child support. We went back to court on Nov 1st because he filed a motion to receive temporary relief of child support, up to this point he was given almost 90 days to start making regular payments at which he did not. He is over 5000 behind. At the hearing on Nov 1, the judge revoke his dimissal of 30 days and sent him to jail for thirty days for not following orders. Now I receive papers in the mail from a public defender trying to get him out of jail stating that he wasnt given the chance to an attorney. Which isn't true, his public defender was there at the original court session were he was held in contempt. On Nov 1, he was not able to have an attorney present because he filed motions on his own. The judge revoked his dismissal and sent him to jail based on the fact he has made no true attempt to see his child, he asked to sign over his rights but now doesnt want to and then has not attempted to make any payments in the last 18 months. (they intercepted his taxes last year). What are the chances of him getting out of jail before his 30 days is up. Also his driver license is suspended till july 2012 for failure to maintain liability insurance. Will the judge fault me for not allowing my son to get in the car with him??
    0 Votes

    • 35x35
      Nov, 2011
      Bill
      I am assuming that because of your ex-spouse not making child support payments that you cannot afford a lawyer to answer your questions. Call your county bar association and ask for the names of the organizations that provide no-cost legal services to people with low or no income in your area. Make an appointment with one of the organizations, and bring all of the documents and letters you have regarding your situation to your meeting. The lawyer you meet will advise you accordingly.
      0 Votes

    • 35x35
      Nov, 2011
      Kellie
      I am a registered nurse, I have an attorney, but he is out of town, trying to get some kind of sense of relief that he will not get his jail sentence revoke.
      0 Votes

    • 35x35
      Nov, 2011
      Bill
      I would not do you a service by speculating on the odds for a release. Speak to a local lawyer who has experience in family law and how local judges act when confronted with situations like the one you described.
      0 Votes

  • 35x35
    Nov, 2011
    Myrna
    My X was $4,000.00 behind as of Dec of last year. He gets unemployment when work is not available. I have went into child services and they just roll their eyes at me, like I am bothering them. This is their job. I told them where he had worked (another state) and they wanted to argue that he is not receiving unemployment, and has not contacted unemployment to see I am wright. I asked about income tax and they said his wife has six months to decide if I can get hers. I don't understand why she has any say this is between him and I. He pays very little, just enough to keep him out of jail but he continues to have children and tells me he isn't paying me. I get no help and need to contact someone higher than the people in the court house. I think my case worker is friends with his currant family so I get no where who do I call and what steps do I take. He is probably well over 10,000 in the rears now and just laughs at me, meanwhile our children suffer. Oh and by the way the plant that I worked at closed so I don't work even though I look on a daily but where I live unemployment is high. I get a small pension but it does not cover the bills.
    0 Votes

    • 35x35
      Nov, 2011
      Bill
      If your ex's current wife files jointly with your ex, she may have protections under the injured spouse provision that prevent her portion of a refund from being sent to you. Perhaps the six month period gives her a chance to protect the amount of refund tied to her income from going to you, but she forfeits that if she does not act in a timely manner. It may also be the case that the state allows six months and the IRS gives you any refund that has your ex's name tied to it, then puts the onus on his current spouse to seek injured spouse relief.
      0 Votes

  • 35x35
    Oct, 2011
    Gloria
    what can I do? My divorce was final in 2007. The judge ordered a piece of property to be sold and used to pay our daughters private school education. I was named trustee in behalf of our daughter. I placed the said property up for sale and got a buyer, however when I tried to sell the property I discovered it has four liens aganist my ex and the property. I have tried to get my ex to get the liens off the property but he refuses to do so. I can't afford any more attorneys due to the fact that my ex and I have been in and out of court since 2006. I live in Alabama. My ex will not diclose his current address which is somewhere in Florida. My ex is also around $5,000.00 behind in child support.
    0 Votes

    • 35x35
      Oct, 2011
      Bill
      Call your county bar association, and ask for the names of the organizations in your area that provide no-cost legal services in your area to people with low or no income. Make an appointment with one of the organizations, and bring all of the documents relating to the divorce, child support, and property in question to your meeting. The lawyer you meet will advise you accordingly.
      0 Votes

  • 35x35
    Oct, 2011
    Lynn
    No Bill, he has been at this job for yrs, the IRS just recently , started ganishing his wages, I was getting my childs support until he was no longer getting the full week, like one day week this is the first CS check that was cut 125.00 , and they (IRS) got thier 200.00 weekly amount despite of my childs check being cut..I was under the understanding that the CS came out first before IRS got thiers???
    0 Votes

    • 35x35
      Oct, 2011
      Bill
      Court-ordered child support does get in line ahead of an IRS wage levy, to my knowledge. Contact the HR department directly, inquiring why the IRS levy is taking precedence over your child support.

      Is your child support court-ordered? If so, and if you get nowhere with his employer, contact the IRS with proof of the court order, in order to get the IRS to modify its wage garnishment. Try calling the IRS Office of Taxpayer Advocate, at 877-777-4778.
      0 Votes

  • 35x35
    Sep, 2011
    Lisa
    Is there a new law regarding jail time for father's deliquent in child support? How can a father pay child support if he is incarcerated?
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Some states have the law you described. In my opinion, it is a ridiculous law drafted by legislators who want to demonstrate their toughness on deadbeat parents who do not pay child support. I imagine the justification is that the threat of jail time will spur a delinquent parent into making their support payments.
      1 Votes

    • 35x35
      Oct, 2011
      Jenni
      If a non-custodial parent is refusing to pay child support or maintain verifiable income or residency they might as well be setting in jail as our tax dollars pay for their jail time in less ammount than for them to be a free-roaming dead beat living off the state either way, atleast they can be forced to work and oblige the laws if in jail.
      4 Votes

    • 35x35
      Nov, 2011
      Danielle
      I can vouch for the law. I was in arrears $3,000. I had a job making $800 mo gross. Child support never took their $213 cause I wasn't making enough so they suspended my license unbeknownst to me. I went to jail, lost my job and couldn't afford to get my car out of the impound. I was evicted while in jail, so I had to start all over. I currently have more than 10 evictions, I've been sent to jail, only to be let out if I promised to pay half of what I currently owed, which was $10,000 in 30 days. Impossible, I get another warrant turn myself in and the process starts all over. Instead of prison since now I have the county charging me in civil court and I plead in criminal court, I couldn't find a job, pay court fines, pay for probation and pay my support order, I am facing prison time. In the last 5yrs, the child has only received a year's pay, due to me going in and out of jail. This is the only crime on my record and I have never done drugs. Now that I am so stressed, I have considered doing this that I would have never done: both illegal activity and drugs. Great system.
      3 Votes

    • 35x35
      Nov, 2011
      Jenni
      I could not agree more, that the system has serious issues. Of course, that is because it is a 'government' system - therefore the offices that 'mediate' these cases are lacking common sense. An attempt to pay on a regular/dependable basis - any amount agreed between both parties is all that any one parent putting the child first should expect of the other. Many families struggle financially and many people don't bother themselves with responsibility - my comment earlier was in reference to these people. Too many people don't bother to take care of themselves or their children and this in result breeds more low-income or dysfunctional families that lose sight of dreams or goals because they develop the 'poor me can never get ahead attitude' and it is common knowledge that the 'system' will take care of them. There will never be a 'fair' system because every situation is different. Sadly, the ones who need to be penalized or 'punished' are not - and the ones that at least put forth effort to financially support their kids are. Thought: You have to have a license to drive, fish, own a business, or claim ownership of a dog - yet any moron can spawn a child. I will say this tho, perhaps if you did have to have a license to breed more 'parents' would put the child first. Child support should not be about what percentage of income is fair or not it should be about a regular dependable effort. Your situation is sad and I believe that has happened to many.
      0 Votes

    • 35x35
      Nov, 2011
      Danielle
      Maybe you should have just paid to begin with. My son's father is $2500 in arrears and does he get penalized? No. Because in Ohio, the House bill just passed that revokes the ability of Child Support Enforcement Agencies to send delinquent payers to jail or suspend their licenses. Now my son's father just laughs at me while I have to beg him to pay a dime. I'm a broke student getting my Ph.D in Virology. I do the best I can for my son. My son's father, on the other hand, gets away with murder. I'd rather see him in/out of jail and getting evicted than mocking my son and I. We weren't going to get the money either way. It would be better if he were behind bars; then I wouldn't have to send my son to his house every other weekend (which my son absolutely hates).
      1 Votes

  • 35x35
    Sep, 2011
    Pat
    I have a question reguarding the divorce that I am currently going through. Faqs is he moved out 4 days before Christmas left me, and our two children. He found someone else while traveling for the railroad. My lawyer has extimated $1300 a month in CS but the case was filed in January of 2011 it is now September and I've only recieved $1505 total since then. QUESTION is will he be forced to pay the back CS or is that something I need to request during the settlement? Thank you for your time.
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Each state handles the details in family law differently. In general, each party in a divorce gets what they press for in negotiations. When it comes to child support, state law may or may not be on your side. Consult with a lawyer in your state who has family law experience to learn more.
      0 Votes

  • 35x35
    Sep, 2011
    Sylvie
    Hi - I have a related question. I'm about to close on a house, and one of the requirements of the loan is proof of a child support judgement. I've got that, but my ex just last week quit his job! Will it affect the loan going through? Or are there some months of leeway before the child support services reports it to anyone? Would the mortgage company ask directly? Thank you!
    0 Votes

    • 35x35
      Sep, 2011
      Bill
      Is the requirement a proof of support judgment, or a proof of support judgment and employment? If it is just the former, I do not see an issue. If it is the later, then you have a problem.
      0 Votes

  • 35x35
    Jul, 2011
    Judy
    Where do you go for help when a Dad deliberately evades paying child support by working off the grid, not filing income tax and making it his lifes work to hurt his ex through the nonpayment. He ignores all requests by the court and we no longer have the $$ to pay attorney & court fees. We have gone to the state and they say they can't help because he does pay " something sometimes" and the state says they can't help everyone. He is behind over $70,000. My daughter works 60+ hrs a week and we help support her family but our retirement is nearly gone, what do we do then? HELP PLEASE!
    0 Votes

    • 35x35
      Jul, 2011
      Bill
      I am not aware what you can do aside from going to the court and seeking assitance from state authorities. States usually have the ability to take actions like prevent a delinquent payor from getting a driver's license or a professional license.

      Not that it would lead to the child support payments coming in, but someone who is not reporting earned income is committing tax fraud and can be reported to the IRS.

      If your daughter can't afford an attorney, she can seek free legal help through a local legal aid service. She may also be able to find some advice and assitance by looking to see if any support groups of people in a similar situation exist in her area and can help. She can also look online for support groups.
      0 Votes

  • 35x35
    Jun, 2011
    Amanda
    Hello, I live in the state of Iowa and have two daughters with my ex. The state finally pulled his rights after several violations of court orders and violent incidences. He used to work under the table and the court set his child support at the minimum for two children at the time. Recently he got a real job and they started garnishing his wages. He now has two additional children with his new wife and they filed last year to have his child support re-evaluated. He makes significantly more than me but he thought that his child support would go down. It took six months for CSR to even evaluate the case. I was on pins and needles because I knew he was way below the minimum amount determined by CSR guidelines and wasn't even paying on his arrears. Sure enough, in November I received notification that they were increasing his child support by the maximum amount by law, 100%, doubling his payments. He filed to have the case brought before the judge and we got a court date for July 27th. If he hadn't protested his new child support would have gone into effect in December. He had no grounds for filing to have the case evaluated in front of a judge. His income, my income, guidelines are pretty straight forward. Because they can only increase his child support 100% he is still way below the guideline payment for his income. My question is this. Is it possible that he will be ordered to pay the difference for the eight months it took to get a court date? Will he be held accountable for wasting the courts time? I'm sure the only reason he filed was to delay making his increased payments. And finally, should I be prepared for a decision I don't like when I walk into the court room. Can he have his child support reduced even though he is well below the guideline and can afford it? I just don't want any surprises. Thank you, I really appreciate your time. Amanda
    0 Votes

    • 35x35
      Jun, 2011
      Bill
      You ask reasonable and important questions. However, I have no experience practicing family law in Iowa, and I would do you a disservice by speculating on the answers to your questions. Consult with a lawyer with family law experience in Iowa. If you are unable to afford a lawyer, call your county bar association and ask for the name of the organization in your area that offers no-cost legal services to people with no and low income. Make an appointment with that organization, and bring all of the documents relating to the child support issue to your meeting. The attorney you meet will advise you accordingly.
      0 Votes

    • 35x35
      Jun, 2011
      Malcah
      HI, I live in CA my ex has recently died and didnt owe arrears,is there anything that will prevent me from collecting from his estate for future support? secondly his will turned his estate over solely to his current wife and his kids didnt inherit any kind benefits from the estate, would anything prevent me from winning in probate court? The will was only 3 years old. Thank you for your help.
      0 Votes

    • 35x35
      Jun, 2011
      Bill
      Your excellent questions need to be addressed to a licensed, experienced attorney, so you receive authoritative answers on which you can rely.
      0 Votes

  • 35x35
    Jan, 2011
    Liz
    I have a support order in place and have the state of Illinois "enforcing" said order, however my ex has still not been paying child support for several months. He quit a good job, got a temp job he was fired from, then worked part-time seasonal at a store. How can I make sure that something is being done to "enforce" my support order besides the income withholding (which they sent to the wrong employers for months), like drivers license suspension, passport suspension, etc. I know he is planning a trip in a few months and has made no arrangements for making up the back-child support. He currently lives with his girlfriend and officially pays no rent there.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      I strongly believe that only the State of Illinois can work to suspend your ex's driver's license.

      The Illinois Child Support Services Web site states that there are "several remedies available to pursue past-due child support. Among these are:
      • Submittal to the U.S. Department of the Treasury for federal tax refund interception administrative offsets paid out by the federal government.
      • Submittal to the U. S. State Department if $2,500 or more is owed, for pursuit of passport denial, revocation, restriction or limiting.
      • Illinois Comptroller. Submittal to the Consumer Reporting Agencies.
      • Illinois Department of Revenue for state tax refund interception.
      • Illinois Department of Healthcare and Family Services' Collection and Asset Recovery Unit.
      • Illinois Department of Professional Regulations or other state licensing agencies."


      I think you need to contact the State of Illinois again, working to get them to pursue the license suspension, interception of tax refunds, and the other remedies listed above. Lastly, if you make no progress working directly with the State of Illinois, try contacting your state congressperson and request the help of his or her office.
      0 Votes

    • 35x35
      Feb, 2011
      adam
      This is so hilarious really, all of you people think the every single father out there is the same just some kind of dead beat dad.I think you should really consider the fact the men are only human too and we sometimes run into problems that cause a delay in child support payments.For example, losing a job, a home or legal issues etc.Sometimes these events that occur will cause a very long period of time of not being able to pay child support. Just because we arent making payments does not mean that we dont care about our kids.When cs or significant others hound men for owed child support it only makes matters stressful and worse and will only increase delay in cs payments. Most men never even get to see the children that they support.Most couples that seperate do not understand that for example a woman leaves the father of her child,He is devistated and in debt and in love with her and misses her and his child greatly and the mother continues to bash him and call him a dead beat dad post unessecary messages on forums about him crushing his feelings even more. The same can happen for a man who has custody but the majority of sexes that do this are females. Now dont get me wrong there are dead beat dads out there but some fathers are good people but are going through a rough time and have no source of income and are having problems finding work etc. Beating down a good dad is not cool and in my opinion good fathers that are going through a financial crisis should be given a chance to pay not bashed online and through courts and thrown in jail. -Adam
      6 Votes

    • 35x35
      Apr, 2011
      Stephan
      If you think the system is unfair, try being on the other side... there is NO recourse for us fathers who are doing everything to stay compliant and be a good father to our kids. CS takes all of my money and i cannot even afford to travel out of state to visit my child. And this is good for my child how? Until the system takes half of my money and puts it in a dedicated account for my child, will i ever feel the CS system has done anything to really look for the needs children.
      1 Votes

  • 35x35
    Jan, 2011
    LA SHAWN
    What next step can I take with the court system after 19 yrs & $70K arrears in Illinois? What motion can I file to request license suspension and JAIL time. Unfortunately, this deadbeat is still out having more babies (8), yet, he hasn't even completely paid for the first. Will my order get affected? He's suppose to pay $400/mo. Now all this money due is arrears. Are there any other agencies to assist with collecting monies due? Money is still tight and I can not afford an attorney. Please advise. Thanks.
    0 Votes

    • 35x35
      Jan, 2011
      Bill
      La Shawn, are you in contact with the Illinois Child Support Services? If not, visit their official Web site or give them a call at 1-800-447-4278. My research shows that beginning back on Jan. 1, 2008, parents who fail to pay child support may have their Illinois driver’s license suspended through a new, administrative process. In Illinois, the Department of Healthcare and Family Services (HFS) provides child support enforcement services to more than 550,000 Illinois families. Under the new law, HFS first mails warning notices to parents who have Illinois driver’s licenses and who are not meeting their child support obligations. If the delinquent parent owes $2,500 or more in unpaid support and does not contact HFS to begin making payments, their name is submitted to the Secretary of State’s office. If parents do not begin making payments, their driver’s licenses will be suspended in 60 days. Lastly, try to speak with an attorney that will not charge you a fee. Contact the County Bar Association for the county in which you live and ask to be referred to a place that offers free legal aid. You can also do a search online, using the term 'free legal aid' as well as the name of the city in which you live.
      0 Votes

    • 35x35
      Jan, 2011
      LA SHAWN
      Thanks for your reply. What form can I file to inform the court of non-payment from my son's father after emancipation and $70K arrears? Also, there's another child support case in the system from another woman. Will this affect the money due to me from him by less or the same as original court order? Thanks.
      0 Votes

    • 35x35
      Jan, 2011
      Bill
      Consult with an Illinois lawyer who has experience in family law about how to give notice to the court of the parent's delinquent child support payments. If you cannot afford a lawyer, call your county bar association and ask for the name of the organization that provides legal advice to people with low or no income. Make an appointment with that organization, and bring all of the documents you have regarding the support order to your meeting. The lawyer you meet will advise you accordingly and help you write the pleading.
      0 Votes

  • 35x35
    Dec, 2010
    Robert
    Having been through a brutal dicvorce in which my X cheated on me multiple times, lied both in the courtroom and to the custody evaluators -and got caught! Yet still won in court - I have been totally dismayed by Florida's treatment of fathers within the divorce context. Firstly, "The Tender Years Doctrine" is still soundly in place, just within the judges heads. It matters not that my X works longer hours than me putting my son into a "before school " at 7am when school starts at 8:30. The idea that women are largely working as much and many times more than the male seems to have little relavance. To make matters more obscene, I must drive 80 miles 2-3 times a week to fulfill my visitation - gladly so - but the costs are high to accomplish this, I have my son 36% of the time, and have been unemployed for over two years - all the time accruing debt through arrearages ($15,000 at this point) which were unfair from the beginning. The question I have is - Is the function of child support to level the playing field between the two households such that the child doesn't experience drastically different lifestyles in either place. And if this is so, how can I, making no money and on food stamps be required to pay my X $550/month, when she makes $43k/yr? This is an imbalance and the field is far from level. Finally, I am moving part time to my X's town where I will have my son an extra day a week, making the sharing 50/50. Does this not constitute Joint Custody in form? What should my obligation be then? Joint custody should be the mandate and parents simply need to deal! Further, if one parent simply refuses to follow the rules of joint custody, then this in itself is a statement that that parent is non-cooperative and not "facilitating the best relationship of the child with the other parent." This is statute and priciple and is seriously undervalued as a means test.
    0 Votes

    • 35x35
      Dec, 2010
      Bill
      My understanding is that the purpose of child support is to provide for the needs of the child. I don't believe that it has anything to do with leveling the playing field between the two households. I suggest that you speak with a family law attorney. He or she can explain to you what your obligations should be and whether the current support order can be modified.
      0 Votes

    • 35x35
      Apr, 2011
      Debra
      If child support is suppose to help support the children then How can the State of Ohio hold it for half a year? Where can I find this law because I have looked and have not found it?
      0 Votes

    • 35x35
      Apr, 2011
      Bill
      See Ohio Chapter 3121: Collection And Disbursement Of Child Support to read Ohio's statutes regarding child support.
      0 Votes

  • 35x35
    Dec, 2010
    Ashley: Consult with an attorney in your state who has experience in family law. If you cannot afford an attorney, call your county bar association and ask them for the name of the organization in your area that provides legal services to low- and no-income residents. Make an appointment with that organization, and bring all of the documents you have regarding the support order and your notes from your discussions with the state agency that administers child and family support. The attorney or paralegal you meet will advise you on your rights under your state's law, and how to petition the court to compel the father to begin employment. The issue is your child's well-being and not the father's hurt feelings. You must act as the advocate for your child's well being. If you do not, no one else will.
    1 Votes

  • 35x35
    Dec, 2010
    Andrea
    Why does almost every article I read assume that the delinquent parent is always the father?
    0 Votes

    • 35x35
      Dec, 2010
      Bill
      Bills.com cannot speak for other publishers, but when we answer questions from readers who refer to their ex-spouses as he and him we reply accordingly. In instances where the reader uses gender-neutral nouns and pronouns, we respond with a gender-neutral answer.
      0 Votes

    • 35x35
      Dec, 2010
      Ashley
      My child's father was originally ordered to pay $242/month in child support. He refused to go get a job for the first year and when he finally did he was ordered to pay $360/month to catch up on what he was behind. That lasted for about 3 months and, then, he refused to get another job and has yet to have another. It has been a year since I received those 3 monthly payments. I have contacted my case worker about it and she, who is very VERY rude, said "well he does not have a job so how do you expect us to collect money from him?" Needless to say, I do not know what else to do. I hate turning him in and getting him into trouble, however, I need his help raising OUR child. What else can I do?
      0 Votes

  • 35x35
    Oct, 2010
    Bill
    Florida Chapter 61 and Chapter 409 articulate the state's child support statutes. It is not necessary for you to attend the hearing, but I encourage you to do so if you can afford the time so that you better understand Florida's contempt of court laws. If your spouse appears at the contempt hearing, it is not likely he will be granted an open forum to argue matters unrelated to the contempt charge. Consult with an attorney in your state about the procedures involved. If you cannot an attorney, call your county bar association and ask for the name of the organization that provides legal services for low- and no-income residents. Make an appointment with that organization and ask the paralegal or lawyer about what is expected of you in the upcoming hearings.
    0 Votes

  • 35x35
    Oct, 2010
    Jen
    I live in Florida and have not had much luck with the child support enforcement system here. My ex husband only works under the table and does not file taxes (he already has a tax lien on his house) so he has no verifiable income and there is no way to garnish anything. I talked to child support today and apparently they have sent him for legal review on 10/3 and supposedly a judge will look at it and set a court date for him to appear for contempt of court. Can you give me an idea of what happens at these hearings? Would I have to show up as well? If he requests to have the child support lowered does the judge decide on that or does he have to go back through child support enforcement? Would the judge require him to pay something at court that day? Would he go to jail? My ex is a smooth talker and seems to always be able to talk himself out of situations. I'm afraid he will do the same in court and I'll end up on the losing end.
    0 Votes

  • 35x35
    Oct, 2010
    Bill
    Call the county bar association in the county where the hearing will take place. Ask for names of lawyers who specialize in family law. The bar association is not supposed to give recommendations, but if you develop a rapport with the county bar person who is assisting you, you can ask which he or she thinks is the most aggressive on the list. Call the lawyers and make an appointment for a telephone consultation, and in the initial meeting (which should be free) ask them point-blank if they have dealt with a disingenuous opponent before and what they did uncover the facts. See the Bills.com resource Find Attorney for other pointed and revealing questions to ask.

    I cannot answer your questions about how far an Iowa court will go to determine the actual income of a dishonest parent. Again, it comes down to what can be proven. If the parent is doing work worth $100,000 and his or her family is burying the income and paying the parent $10,000 for the purposes of avoiding child or spousal support, in some states the court will order the parent to pay as if he or she earned $100K. These questions are appropriate for your interviews.
    0 Votes

  • 35x35
    Oct, 2010
    Bonnie
    Thank you Bill. Yes, it is all true. Proving it will be a different task as these people have been hiding assets & playing the creative financing game for many years. However, if a good attorney can do his homework (which I can try to offer some assistance) & research either himself or through an investigator it should all come to light pretty easily. I live in Nebraska. He lives in Iowa which is where we were divorced. I would qualify for Legal Aid in NE since I'm a resident but I doubt they can help me in another state. I probably can't qualify in Iowa for Legal Aid since I'm not a resident there. How can I find such an aggressive go get 'em attorney in Iowa? I would need a really good one in Des Moines where the Child Support Recovery Unit is based. I also would need one from the state's capital because as I mentioned his small town where we were divorced is a good 'ole boys network. A local attorney has to live with this family. Do you have any attorney recommendations? Or advice on seeking one? Especially one that will not require payment up front? Ironically, yesterday I received a "service" from the Iowa Child Support Recovery Unit that they are reviewing the child support amount he is ordered to pay. He requested that his child support be LOWERED! What a dead beat conniving man! Since I was served the papers I know what forms he will have to fill out because I have to fill them out as well. The only thing ICSRU uses in determining child support is INCOME & whether or not insurance for the kids is available. Are you kidding me? JUST income? Not assets? Not the fact that he has NO expenses since he lives with mommy & daddy? Not the fact that his lifestyle of activities & fun shows that he obviously has access to money somewhere (from mommy & daddy of course - but not in the form of income). He is purposefully not getting paid a fair wage to keep child support from us. Yet he enjoys a very upscale & expensive lifestyle. You had replied to someone earlier that the father was "bound by law" to come up with a way to pay what he's court ordered to pay. Can my ex be expected to get a REAL job? Something that actually pays a real wage? He makes less than Iowa's weekly unemployment. In 2008 his net income was supposedly $10K. He could make more working at a fast food joint. But to make so little while working for the family business is just unreal. And also very transparent. Oh, he also testified in court that his wage was so low because he was getting a place to live for free so it was explained as a low wage in lieu of collecting rent. This court was in Jan 2009 when they tried to take the kids from me because I WORKED & dated. I know, I know a single mom should NEVER date. And she definitely should not have a real job - which I no longer have. He wanted child support from ME! The local small town judge did not rule according to Iowa law & took the kids from me. I appealed to the Supreme Court & won! Thank goodness! We had been divorced for 11 years & the kids were 13 when this happened. The kids had always been with me. But that just further explains the small town good 'old boys mentality I'm dealing with. Can there be repercussions to that judge for not ruling according to Iowa law? And costing me heartache from not being with my kids for 7 months? Plus the fact that the appeal cost me an additional $7K. The Supreme Court remanded that judge's decision so it went back to the original decree from years ago. Will Iowa seize assets in his name? Can his parents be "garnished" or their assets taken since they are obviously behind this (I know that's a stretch)? Do you know how to find a pit bull aggressive attorney in Iowa? I really need your input. Thanks!
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    I agree with the last sentence in your message wholeheartedly. If what you wrote in your message is accurate, you are dealing with a family unafraid to play by their own rules. You need to level the playing field and bring the entire weight of the law to bear. You mentioned you cannot afford an attorney. I disagree. In this situation, you cannot afford not to hire the meanest, most aggressive advocate you can find in your state to represent you. You need to download all of your knowledge about the family's finances to your pit bull lawyer, who will use it so that you and your children receive the support they are entitled under the law. Courts despise people who try to game the system to avoid child support. If you can prove what you wrote in your message the court will use all of its power to rectify the situation. Your attorney may also choose to share your information with the IRS and state tax authorities so that the family pays its fair share of its taxes, and so that its employees are compensated fairly. In a case like this an attorney may take the case on a contingency basis, which will mean no immediate out-of-pocket cost to you.
    0 Votes

  • 35x35
    Sep, 2010
    Bonnie
    Hello. My ex/kids' father lives in Iowa where we were divorced. He lives with his parents. He also works for them. When we were married his income was much greater. However, it has decreased significantly. He is court ordered to pay $657.70 per month. For most of 2009 I didn't receive any payments. Now in 2010 his wages have been garnished but only at $98.41 per week which is supposedly more than half of his net paycheck. Back in 1996-1998 when we were married-he definitely made a LOT more than that. I know because I was the company's bookkeeper. I also know that most everything in his parents' house is bought from as a business expense. Especially vehicles. Their father does not have any bills. No car payments, insurance, rent, mortgage, utilities etc... His parents have decreased his paychecks to 1) keep him living with them & under their control 2) to keep me from getting the court ordered child support. They want me to financially "fail" at being a mother so that I cannot afford to raise my kids. I am currently unable to work due to a car accident that broke both my legs & my right arm. I am waiting for disability but in Nebraska that is a long process. Its also amusing how everything is paid for by the parents. The kids' father is pretty much their sibling. With the help of the parents their dad takes them on vacations every year, college & pro sporting events, expensive outings...meanwhile I can't do anything with them because just keeping the utilities on is hard. Their dad has a degree which affords the normal person a "real income." He works very little hours for mommy & daddy & is content in earning beneath his ability. These people have cheated the IRS & also cheated their employees out of fair wages so they definitely know how to cheat the child support system. Why should the kids & I have to suffer like this & live in this stressful h*ll while he lives in complete comfort enjoying a very active life. Oh, besides his time & affording of fun outings he is also active in his local Elks lodge, a weekly bowling league, Chamber of Commerce, & other organizations in his small town. Shouldn't he be using this time to WORK to earn more money? Like maybe get a part time job if his supposedly "full time" job (with VERY flexible) hours can't allow him to pay his court ordered support. Seriously, he is making beneath poverty level & his parents are the owners & they live VERY WELL! Also, he those on unemployment in Iowa make DOUBLE what he makes. Its very obvious what he & his family are doing! I'm not sure that anything at the local county court level would help - its a very old fashioned good ole boys community. The Iowa Child Support Enforcement tells me that as long as he's paying "something" they can't do much other than take his tax refund. There has to be more that can be done. Oh, his parents who do the payroll pay weekly. However, they skip weeks in garnishing & then pay a couple weeks at a time. I never know when I will get a check. I am not stupid. I have an accounting background for a Fortune 500 company but I am broke! I can't afford an expensive lawyer, as I mentioned - I had an accident & haven't been able to work. Though I am hoping to sometime soon, its been a year since the accident & I'm hoping to get disability for at least that year plus the next couple months that I won't be able to work as I have one more surgery. Please advise. I really need professional input.
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    First, I recommend that you speak with Child Support Enforcement. They should be able to explain to you all the methods that can be used to collect on the money you are owed. Ask them specifically if the wage garnishment will stay in place until the debt is paid off. You should not have to keep going to get new garnishments ordered. Also, ask the Child Support Enforcement people if they can guide you to any outside support systems that may exist. Secondarily, check on your own to see if there are any resources or support groups in your area for people with deadbeat ex-spouse's. You may find some helpful suggestions from people who have experienced what you are going through. It also may be worthwhile to speak to your divorce attorney, to see if your divorce decree offers any solutions or if the attorney can recommenda c course of action or alternative resources that can assist you. Lastly, while it is understandably difficult to discuss precarious financial situations with an ex, it may be useful for you to attempt a positive conversation. Perhaps if you start by making clear that you only seek the money to allow your daughter to continue her studies and that you have no desire for him to suffer a wage garnishment, you may find him open to a constructive discussion.
    0 Votes

  • 35x35
    Sep, 2010
    Marie
    Hi, I feel like I am at my wits end. I am supposed to receive $266 per month in child support. My ex has not kept up with it, so now he owes approximately $9000. He paid a payment in April 2010, and then child support enforcement caught up with his employer and garnished $93 from his paycheck in August. He has not paid since then. Child support enforcement had sent a letter saying if he did not pay by August 27, 2010, they would revoke his driving license. He paid on August 19, 2010 the $93 from his garnished wages. He has not paid since then. Child support enforcement said that if he does not pay by the 19th of September 2010, they will take action. If all they are going to do is take his license, it will not matter to him. Is there anything else I can do to persuade them to do more, or is there a better course of action I should be taking? My daughter has been in professional dance classes since she was four and I cannot afford to send her without his child support, also he does see her every other weekend. I never say anything to him about the money, because I do not want it to effect what little communication we do have. My daughter knows that we cannot afford dance classes because of this and I do not want it to cause a wedge in their relationship, but I do not know what else to do? Any suggestions or advice is appreciated. Thanks for reading my comment :)
    0 Votes

  • 35x35
    Sep, 2010
    Rebecca
    My father passed away last year. I am 38 yrs. old. Have have 2 sisters, ages 40 and 46. My Mother passed away 16 years ago. My father did not pay child support to any of us. He was under contempt for non-payment and went into hiding. Turns out he was using his deseased father's social security number for about 30 years. My question is with both parents gone and my father still owing my sisters and I child support plus interest, can we get his Social security benefit payments? I have the divorce papers for my parents and his death certificates. Thank you.
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    Rebecca: Were your father alive, I would say yes you can garnish his monthly social security benefits for child support. Perhaps I am lacking in imagination, but I do not see this available to you now that he is deceased given your age and the ages of your siblings. See the Social Security Administration document Survivors Benefits for details.
    0 Votes

  • 35x35
    Sep, 2010
    Bill
    Haley: I think the reason that you are not getting a consistent answer from the personnel at the Kansas Child Support Enforcement program is that they themselves do not know why there is a six-month lag-time from when they receive a seized tax return to when they disburse it. Call the attorney's office at the Department of Social and Rehabilitation Services at 785-296-3967 and ask the attorneys to cite the "federal law" that requires seized tax returned to be held for six months before being passed on to the custodial parents who need the funds.
    0 Votes

  • 35x35
    Sep, 2010
    Haley
    I live in KS and the non-custodial parent lives in CO. He has an off-set order for his federal and state tax returns. There was a major hold up this year with his returns, but they have finally been processed. KS Child Support Enforcement says they can and will hold the payment for 6 months from the time they receive it. I have asked several times why and nobody will give me a straight answer except saying it's "federal law". I did a bit of research on my own to find out that states can hold it for 6 months if he were filing a joint return with a spouse. This allows time for the spouse to file "injured spouse" form to recoup their portion of the tax refund. However, my son's father is not married and filed a single return. I can't find anything saying they have the right to hold this. There was not a TANF case for cash assistance. So there is no repayment to the state. Can you help me on this matter?
    0 Votes

  • 35x35
    Jul, 2010
    Bill
    Missouri Chapter 454: Enforcement of Support Law applies to your question. Specifically, a suspension of a license is lifted when a court determines that an arrearage has been paid in full. Consult with an attorney in Missouri to learn what steps you can take to show you paid your child support obligation.
    0 Votes

  • 35x35
    Jul, 2010
    bill
    I Live In Missioui and my childern 29 and 33 and ten years ago my drivers licens was supened due to back child suport that i did not owe but i can not prove it so i was wondering how much longer they can keep my licens
    0 Votes

  • 35x35
    Jun, 2010
    Bill
    Review the information at the Missouri Department of Social Services Child Support Enforcement program. Also review the information at the federal Administration for Children and Families Office of Child Support Services. Also, consult with a Missouri attorney to learn if you have a right to place a lien on his personal property, such as the horses and horse trailer. You are dealing with an unreasonable person, and need to take all legal means necessary to collect the child support due your children.
    0 Votes

  • 35x35
    Jun, 2010
    Tracy
    I live in Missouri and have been divorced five years & have 3 children I have remarried and my ex-husband has paid very little & has even less communication with his children. He owes over $18,000 in back child support and since I've gotten remarried he has decided he doesn't need to pay anything at all now. He always had a good job when we were married however since we got a divorce he either never has a job or moves from job to job. He has a vehicle that is paid for, he lives on one of his uncle's properties (so as far as I know he doesn't pay rent), he has horses & a horse trailer. But claims he doesn't have any money or a job and can't pay child support and has agreed to have my new husband adopt them. They have taken my new husband's name but I have mixed feelings about him adopting them. My ex-has not really been in the kids life since we got a divorce (my youngest didn't even recognize him the last time we saw him). I really don't have the money to get a lawyer to try and get money that I probably won't get anyway. But I feel like he needs to be held responsible for his children. The court has taken him to court hearing after court hearing and finally when he didn't show up the last time they put a warrant out for his arrest. That was a year & a half ago. When I call the prosecuter office they do nothing. What else can I do if anything? Thanks.
    0 Votes

  • 35x35
    Jun, 2010
    Bill
    The Ohio Office of Child Support coordinates child support services that are administered by each Ohio county. I surmise from your message that you have worked with your county child support agency to collect support from your child's father. I am not aware of any additional agency or group in Ohio that provides assistance to residents who are not receiving the child or family support a court has ordered. Consult with an Ohio attorney who has experience in family law to learn what, if any, legal remedies you may have in your situation.
    0 Votes

  • 35x35
    Jun, 2010
    Cindy
    I'm sorry. The situation upsets me so much that I sometimes forget some things. I'm the state o f Ohio.
    0 Votes

  • 35x35
    Jun, 2010
    Bill
    The legal tools for unpaid recipients of child and family support vary by state. You did not mention your state so I cannot offer specifics. Consult with an attorney in your state to learn what is available to you.
    0 Votes

  • 35x35
    Jun, 2010
    Cindy
    Are there any other agencies besides support office that can get my support for me? My ex has never paid a dime. Not only for my son but for his fully grown daughter. He works under the table jobs and always finds money for drugs. But never for my son. Has been held in contempt plus has a warrant out but apparently this is not important enough to be enforced. I am so tired of my son seeing nothing from him. Not even for a pack of sparklers for the 4th of July. Please help me find some one who can make this deadbeat pay.
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    Contact the director of Department of Child Support Services (DCSS), Jan Sturla, and explain your situation in greater detail than you provided here. Include facts, such as when the funds were provided to the DCSS, the supposed exact amount, which county you live in, your account number with the DCSS, your mailing address, when you have tried to contact your local office, the names of the customer service reps you spoke to, and so forth. Provide enough detail so that Sturla or his staff can give you a better answer than, "I do not know." One last bit of advice: I realize you are frustrated and annoyed by the non-answers you have received, but you will probably not motivate the DCSS to help you by calling the staff idiots and morons.
    0 Votes

  • 35x35
    Mar, 2010
    officersangel
    Bill: The bank isn't sending it directly to me, they send it to california state child support, then to our local support unit for disbursement. BUT, nobody answers the phone at the office when I call. I just want to know if they will put a hold on it, or when I will get it if the bank sent a money order on the 22nd of March! to the state of california dept of child support. It seems like everyone I call are a bunch of idiots! They say "we really don't know ma'am." What do they know????
    0 Votes

  • 35x35
    Mar, 2010
    Bill
    Whether the account is jointly held or only in the name of the debtor is irrelevant. In this situation, the source of the funds is irrelevant as well. There is no "signing over" of children to eliminate liability for child support. Contact the bank in question and ask when you will see the funds it seized.
    0 Votes

  • 35x35
    Mar, 2010
    Officersangel
    HI, I have a question! My ex-husband owes me over $45,000 in back support, he recieved a letter from his band saying they took $20,000 out and are sending it to me, he said he's going to fight it by saying "It's his dads money" what i'm wondering is if the Bank sent a Money order to child support on 3-22-2010 when will I getthe money? WILL they put a hold on it like they did his income tax? OR can his Dad put an "Automatic Stay" on the money Per an Attorney? I'm struggling financially as usual and would like to have the money I am owed sooner than later. He is remarried and keeps making kids he supposedly "can't pay for" The money I believe is an Inheritance from his Grandfathers passing and was in a Certificate account with Just his name, but his father is lying saying "The account is in his name as well." He has been a dead beat for 6 years and always stood his children up when he was supposed to pick them up, and even abused them, Igot a court ordered Restraining order and he attended parenting and anger management classes, he tells me he would gladly sign them over because he has a new family and doesn't want to pay for his kids. WHEN will I recieve the money owed to me from his income tax and the Bank account, I have direct deposit through DCSS, I know they put a 6 month hold on the taxes for his wife to have time to file an injured spouse claim, hopefully they wont do that with the Bank seized money. HELP please! I called my DCSS worker and she is a sorry to put it this way! (Moron) she had no good nor helpful answer. Thanks in advance for any help answering my question.
    0 Votes

  • 35x35
    Dec, 2009
    Bill
    Hire an attorney, who will probably need to hire a private investigator. The PI will need to find evidence the deadbeat is hiding his money in a family member's bank account. Once you get this evidence before a court you will probably see compliance with the child support order, because as a general rule judges hate this type of defiance of the law and will use all legal means necessary including imprisonment to enforce the law.
    0 Votes

  • 35x35
    Dec, 2009
    Darryl
    My wife's ex-husband is $7000 in arrears with his child support. He is a real estate appraiser who has established an S Corperation (to hide aseests?). He frequently travels, has his adult son doing appraisals under his license, and has used his brothers debit card (bank account) frequently. Do we have any recourse other than DCS "threatening" to suspend his licenses?
    0 Votes

  • 35x35
    Dec, 2009
    Bill
    According to the Social Security Administration Web page Garnishing Social Security benefits due to a debt, "If a creditor other than the federal government tries to garnish your Social Security benefits, inform them that such an action violates Section 207 of the Social Security Act (42 U.S.C. 407). Section 207 bars garnishment of your benefits. It can also be used as a defense if your benefits are incorrectly garnished. Our responsibility for protecting benefits against garnishment, assignments and other legal processes usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of Act as long as they are identifiable as Social Security benefits."

    However, the Social Security Administration Web page Garnishing Social Security benefits states the following: "There are a number of instances where the Federal Government can garnish Social Security benefits, including:
     • We can garnish benefits to enforce child support and /or alimony obligations -Section 459 of the Act;
     • The Internal Revenue Service can levy against benefits to collect unpaid Federal taxes -Section 6334(c) of the Internal Revenue Code;
     • The Internal Revenue Service can collect taxes due by levying up to 15 percent of your monthly benefit until the debt is paid;
     • The Internal Revenue Service allows beneficiaries to have a portion of their check withheld to satisfy a current year Federal income tax liability - Section 3402 (P) of the Internal Revenue Code; and
     • Other Federal agencies can collect money from your benefits to pay a non-tax debt you owe to that Agency - Debt Collection Act of 1996 (Public Law 104-134)."

    See the Bills.com resource Garnish Social Security Income to learn more.
    0 Votes

  • 35x35
    Dec, 2009
    Robert
    I am disable and I draw a social security check every month and I have been for over 10years and now child-support is trying to garnishment my check,my kids I did have 2 but one has paassed-away and the other one is 33 years old with wife & kids,can they garnishment my check now
    0 Votes

  • 35x35
    Jul, 2009
    Bill
    Child support is a court order for non- or partial-custodial parents to pay for the support of their children. The court will understand if the parent is out of work and is looking for work actively. Your situation is a common one. Most counties have non-profit or county-supported agencies that offer low-income (and if you have no job, you probably qualify as low-income) people legal assistance. I suggest you take all of your legal paperwork regarding your divorce and support order to an attorney and ask him or her to file a notice with the court that you are unemployed, and that you will file another notice with the court as soon as you are employed and can restart your payments. You can work your way out of this.
    0 Votes

  • 35x35
    Jul, 2009
    Brian
    I lost my job and notified DCSS. They sent me a letter stating I had to file with the court, they would not do it because the case was less than two years old. I filed with the court, they kicked it back because of font size. I filed again and they added 2 more weeks to the 2 months for 'notification' time. So I had no job and they say I owe $10,722 for the period I had no income! Now I am in arrears and now way to get out! What can I do?
    0 Votes

  • 35x35
    Jun, 2009
    Mike
    You will need the help of an attorney. You will have to go back to court and state the facts (if you can prove them).
    0 Votes

  • 35x35
    Jun, 2009
    Amber
    My ex had his employer terminate his employment and hire him as an Independent Contrator so that he could hide his income. Is there anything I can do?
    0 Votes

  • 35x35
    Jun, 2009
    Sam
    Most states have a child support enforcement agency, which is separate from the family courts which actually issue child support orders. You have probably been assigned a case worker who should be able to assist you in enforcing your ex's delinquent child support--for example, the state may be able to levy his bank account, garnish his wages, or seize property to pay this debt. In addition, the state may be able to suspend his driver's license until he pays this debt. I understand that it is frustrating, but you must understand that the judge likely does not want to put your ex in jail for non-payment, because such action rarely benefits anyone--if your ex is in jail, he cannot work, and therefore there is no way that he will be able to pay his back child support. You can visit http://www.acf.hhs.gov/programs/cse/extinf.html to find a link to the child support enforcement agency in your state. Finally, if you think that your ex is hiding assets and lying to the court about his ability to pay, you may want to hire a lawyer to assist you in pursuing this obligation; an experienced attorney is more likely to know where to look for hidden money and how to convince the judge that your ex is able to pay more than he claims he can afford. However, if your ex is really not working, then you are probably going to be fighting an uphill battle, at least until he finds a job. As they say, you can't squeeze blood from a turnip, and if your ex really cannot afford the payments at this time, you may be forced to suffer financially along with him until he is able to find work. Iwish you the best of luck in resolving these issues.
    0 Votes

  • 35x35
    Jun, 2009
    LaToiya
    I have a child support order and am suppose to receive $675 a month. The father of my children is $26,000 in arrears. We appeared in court last April and he did not have a job. The judge has rescheduled the next court date to August. What else can I do since the judge will not lock him up? I am constantly in the court offices and nothing is being done. I need help!
    0 Votes

  • 35x35
    May, 2009
    Bill
    Pamela, you will need to state the facts and present your case in the divorce court to explain to them exactly what has happened. I am not an attorney so I cannot really comment on the laws pertaining to child custody. You should seek help of a divorce attorney.
    0 Votes

  • 35x35
    May, 2009
    Pamela
    I am in the process of a divorce. I filed in early January. My husband was hiding for 3 months. He then presented himself and he also obtained an attorney. He has not helped in any way shape or for the support of our three children. It has now been 5 months and I'm still waiting for a cour date. Will he owe back child support from the date he left our home? He recently took our son and will not return him. He changed his school without authorization to do so and he claims that having our son will keep him from having to pay me child support. Is this true?
    0 Votes

  • 35x35
    Feb, 2009
    Bill
    You have only one alternative, and that is to go back to court, and show proof your payments is not being paid. This is his problem and he is bound by law to figure out a way, to provide the financial assistance ordered and agreed to, at the time of your divorce. It is difficult I know, however you have to do whatever it takes to care for your children. Inform him you will be taking him back to court, unless payment is made. If he refuses for whatever reason, contact your attorney or a legal aid expert through the Aid to Children Agency in your town. Good Luck!
    0 Votes

  • 35x35
    Feb, 2009
    Mary
    Ex has paid 50.00 this month instead of 840. Says he lost his job in January. I was never notified. How can I get him to pay the rest. He makes $2500 house pymt and $800 a month truck payments. He has a Masters Degress and is a Radiology Tech.
    0 Votes

  • 35x35
    Nov, 2008
    Sam
    Generally speaking, one cannot "sell" a 401k. I assume that your husband is considering cashing out his 401k savings to fund his daughter's college education. I doubt that the state agency responsible for enforcing child support obligations would be able to seize your husband's 401k disbursement funds directly from the plan provider; however, if he deposits those funds into a bank account, the money may be fair game and easily seized to pay his back child support. That said, if he has already worked out a plan to repay his delinquent support payments and he has made all plan payments are required, I would be surprised if the state continued to aggressively enforce his past-due child support obligations. Even if your husband can take money out of his 401k safely, he should realize that he may lose a large portion, in some cases 30% or more, of the balance in his account, due to penalties and tax liabilites charged on the money in his 401k. I almost always tell people that taking an early withdrawal from a 401k account is a poor financial decision due to the amount of money often lost in taxes and penalties Many companies allow employees to borrow money against their 401k accounts rather than actually withdrawing funds; your husband should check with his employer to deetermine if taking out a loan is an option rather than actually withdrawing from his 401k account.
    0 Votes

  • 35x35
    Nov, 2008
    Tammy
    My husband wants to help pay for his daughter's online college courses. He owes back child support and is paying in the arrears through a court order; my question is, if he sells his 401k, which he had only just started about a year ago, would it go directly towards his child support or would he receive it directly.
    0 Votes

  • 35x35
    Oct, 2008
    Bill
    I do not know the details of your child support court order and therefore, cannot tell you the due dates. You should contact your state’s child support enforcement agency and report the same.
    0 Votes

  • 35x35
    Oct, 2008
    Regina
    My son's father did not pay child support this month. What is my recourse? He owes $9975.00 from back pay and he is required to pay $757.00 a month. Do I go to child support services or the court to enquire where my October payment is? The non custodial parent lives in Los Angeles as I do and works for his family and also lives with his parents. When is the exact day of the month the support is due? The end of the month is nearing and I usually get the money by the 15-18th. Thank you. Regina Stewart
    0 Votes