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tracy_h81's avatar

I am going to court to collect back child support. What can I expect?

Asked by tracy_h81 (50points) October 11th, 2009

Long story short. I am custodial parent, ex lost job, got remarried let new wife support him and he stopped paying child support. The divorce degree had him paying the child support directly to me. When he stopped paying it left me know choice but to go through child support service where I found out he never went to the court and modified his income from his many job changes over the years even though he told me he had and the child support amount stayed the same. Fine, but now according to child support services hes very behind and my case worker is always unreachable. Can anyone give me a idea of what to expect in court? I just have no idea, thanks.

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12 Answers

aphilotus's avatar

I am not a lawyer, but it seems like you were not aware of his failure to modify his income statements to the court until after he stopped paying at all? IE, you were under the impression that everything was by-the-book on his end, until the payments stopped?

I think that that might work in your favor, under the circumstances of the judge asking “Why weren’t you more on top of this whole mess? You should have yelled at the system earlier.”

And as for your caseworker being unreachable, I think your best bet is to call/write/email them frequently and document that extensively, both the time-of-call and the meat of the conversation, so that after enough unresponsive time you can call someone higher up the chain and tell them “Look, do you think 10 phone calls unanswered and 20 emails unresponded-to is a symptom of me not trying? My court day is x months/weeks/days away, and I haven’t heard anything!?!!”

Documentation and notetaking and patience and persistance are the best way to beat bureaucracy.

tracy_h81's avatar

no I wasn’t aware, I thought he knew he was suppose to modify his income. I mean wasn’t his responsibility, not mine? The occasion I did happen to ask him he told me he had done it. Thanks for the advice about documenting every thing, I wish I’d thought of that.

aphilotus's avatar

Again, I am not a lawyer, I just read the newspaper and watch Law and Order, but it seems to me that yeah, it’s his responsibility to modify his income reporting, not yours.

And you are welcome. After all, what are we jellies but question-answering-flutherites?!

trailsillustrated's avatar

it doesn’t matter if he didn’t modify his income. He will still owe all those arrears no matter what, and will have to make payments over and above what the monthly amount is for the rest of his life until it’s paid. If he doesn’t, they will pull his driving licence and passport. He will also get a bench warrant to appear in court. They will also put liens on anything he owns, like a car or house.They will take his income tax refunds. You can expect to hear the judge tell him all of this in court, and possibly give him a few days, too.

aphilotus's avatar

@trailsillustrated Wow. That is Bad Ass.

I guess things have changed in the last few decades.

Child Support Judges: Not Fucking Around.

judochop's avatar

You can’t squeeze blood from an orange.

aphilotus's avatar

@judochop But you can squeeze oranges with stones?

tracy_h81's avatar

thanks everyone for answering. The thought of going to court makes me a nervous wreck. It catholic quilt or something, even though I’ve done nothing I think I’ll be mistaken for someone on Americas Most Wanted.

aphilotus's avatar

Good luck! I know you’ll do great!

trailsillustrated's avatar

@aphilotus you said it, bro , and the reason I know is because I’m a non custodial parent.

trailsillustrated's avatar

@tracy_h81 , you’ll be fine, you won’t have to talk that much, believe me. When I went through this I was puking into a bag, I was so nervous. I couldn’t afford a lawyer, so I appeared ex parte, it was like being a ghost at my own funeral.

trailsillustrated's avatar

oh and p.s if he has a professional license, they’ll take that too, and if he’s a medical practitioner they’ll suspend his DEA number. !

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