Last Updated April 28, 2022
Child support is designed to provide for the needs of a child in the custody of the other parent. If a parent subject to a government agency or court order for child support stops making payments, the other parent has a legal right to enforce the order. A lawyer for back child support (commonly known as an “arrearage”) can make this process much easier, enabling the custodial parent to recoup money due.
What is an Arrearage?
When a party owes child support but doesn’t pay, most states view that as a continuous violation each month unpaid of the court order. This means that each month, the court will view an amount of child support that remains unpaid as a new judgment against the party that didn’t pay. This may sound confusing, because a ‘judgment’ doesn’t actually get entered each month, but the amount that is unpaid is then subject to potential interest (in many states the interest is 9%). When a court finally adds up all the unpaid support, an actual judgment will be entered, and the back support amount is called an arrearage.
Non-Custodial Parent Obligations
A parent who is required to pay child support should keep the other parent, the court that issued the child support order, and any involved child support agency, updated regarding his or her contact and employment information. This is so that state agencies can continue to collect support when a person changes jobs or moves out of state. The Federal Uniform Interstate Family Support Act is designed to enforce child support orders when the parent relocates to another state. If the personal or financial situation of the individual changes, the court may lower or raise child support. If you do not keep the court updated and change or lose your job, back child support will continue to add up, causing your payments to go into arrears.
How To Collect Back Child Support?
There are several ways that a person can get the back child support they are owed. The first, would be with a lawyer filing a petition for contempt against the parent that has not been paying their court ordered support. In some states, this might be called a Petition for Rule to Show Cause, or a Motion for Show Cause Hearing. This means that the following are true: 1.) A court order was entered saying person A has to pay child support to person B; 2.) person B is not paying (and is therefore, violating the court order); and 3.) that person B has no reasonable explanation as to why they are violating the Court’s order.
If a person is held in contempt of court, there are numerous potential penalties that can be incurred, such as paying the other person’s lawyer fees, jail time, or loss of driving privileges. Many people have their passports taken away (as of the writing of this article, only $2,500.00 in past-due support gets your passport taken away)! Going to court to hold someone in contempt of court for not paying is the best way to get past due child support paid because the potential penalties are very strict.
How To Get Child Support Paid On-Time?
The most typical way to get child support (and back child support that is owed) paid is through a process known as income withholding. When a court issues an order for child support, it typically orders it to be paid direct from the employer to a state disbursement unit who then sends that payment to the parent that is owed child support. If a past due amount is added into the order, those arrears would need to be paid on top of the normal child support amount and all of those payments would come direct from the employer.
Possible Penalties to Force Child Support Payments
Besides being forced to pay for attorneys’ fees or possible jail time, there are many other scary penalties that make enforcement possible. Liens may be placed on property and assets including financial accounts may be seized to recoup past-due child support payments. Parents who are not current with child support payments may find their recreational, driver, and even occupational licenses revoked by agencies with authority in these areas. A passport can even be denied if the applicant is behind with child support payments. These types of penalties imposed on the parent that hasn’t been making the payments is a way to force them to make up the back child support payments.
The Federal Government Monitors Back Child Support
For starters, this is how they enforce their passport privileges – states send the child support arrears information to the federal government on a regular basis. The federal government provides local and state child support offices with relevant information through the National Directory of New Hires, which includes child support case details from all U.S. states and territories. It also operates the Federal Parent Locator Service, which contains information from federal and state government agencies. The Administration for Children and Families Office of Child Support Enforcement has a website that provides information about the child support enforcement program, policy matters, back child support enforcement, and more.
Next Steps to Collect Past Due Child Support
First, start organizing all the paperwork available, from court orders to financial information that you know about. Organization is key as it will help to perform a calculation on the amount of back child support that is owed. The best way that parents can educate themselves about their child support rights is to read even more information available on child support here. Once educated on the basics, a free evaluation from a child support lawyer that deals with back child support is another source for information and assistance with this issue.
Dealing with the problem head-on is the recommended way to resolve it. The longer that back child support goes unpaid, the worse off the custodial parent may be, both financially and emotionally. Going after the other parent for money that is owed is the best approach even though it may be uncomfortable. This is why having a lawyer on your side helps – they know the law and they will handle the communications as well. Making sure your children have the financial support they deserve (and that the court ordered) is important and taking the necessary steps is what a good parent does for their family.
How does the back child support work? Am I going to be getting it all upfront while he makes payments to the government? Or is it coming in payments on top of the child support?
My children are 16 & 14 and have only lived with me their entire life. Their father owes close to $80,000 (yes 4 zeros) in back child support. My 16 year old son is having some problems and wants to go live with his father. His father is asking for child support from me now, even though he owes so much in back support. Is this possible? Would I now have to pay him to house our 16 year old son if he moved with him regardless of what he owe’s me in back support?
I am in the same situation.
Same here has anybody got an answer for this situation?
Hello did you get an answer for this type of situation?
Same exact situation wish someone would answer this
This is one of the trickiest situations in child support. States handle support calculation, interest owed, payments towards past-due amounts (arrears, judgments), etc.
Even still, most states will follow somewhat of a similar plan for determining whether support should be paid to a parent and how much plus an additional amount toward the judgment amount (the past due amount).
In the situation above, it appears as though there will still be 1-minor child with the parent who is owed $80k. Most states would end up zeroing out current support payments because of this, but in some instances, a guideline calculation based on income and/or percentage of overnights each parent has, would be calculated still. That number might end up being so small, it isn’t noticeable. That would be typical if it ended up being a 50/50 overnight situation (or very close to it).
For this situation, let’s assume there is only 1-child, the parents earn similar income (within 25% of each other), and custody is changing to the parent that owes $80k in arrears.
Dad still owes $80k, and he would be required to make payment on that amount, assuming a judgment is entered, until it is paid off to $0. But since custody has now changed (again, pretending we only have 1-kid), dad is owed some amount of current child support. This is the part where a judge would make a decision based on what she/he believes is the most fair.
A Judge might say that dad needs to continue to pay off his $80k judgment at the rate of $500/month, but now mom owes support in the amount of $400/month. that means that mom doesn’t pay anything to dad, but dad pays $100 to mom and is credited that additional $400 towards the $80k that is owed. This sounds like it makes the most sense, but it actually becomes extremely confusing. What if dad doesn’t pay the $100? Is he still credited for the $400? There are a lot of scenarios that make this difficult over time.
Another option (easier to calculate, but takes time), is that support is not paid, physically, by anyone, but once that child emancipates (depending on the state, 18 years old, for example), the judgment amount was receive a credit against it. So, if mom owed $400/month for 24-months (a 16 year old turning 18), that would total $9,600 that would be applied against the $80k owed (now only $70,400.00 is owed).
A judge will look at what is the most reasonable solution to make this determination, but rest assured, unless payments owed to dad total $80k or more, that judgment amount will be required to pay back, although a credit is likely to be applied to the total amount.
This type of case requires a lawyer, not using the State’s resources. Best of luck, and it is important to get in to court soon so that a judgment amount can be entered so that it is on the record and begins accruing the statutory interest that is likely owed on unpaid support amounts. It can also be enforced by having his passport yanked, professional licenses suspended, drivers license suspended, etc., which can put some pressure to get those payments rolling in.
I been paying back child support for years I pay out my checks they take my income taxes every year I have never got taxes back now they suspended my driver’s licenses I’m looking for a lawyer to help me sue them now I put this on hold to long now it’s time all my kids are grown with kids of there own can some one help or point me to someone who can
Our actions have consequences. Sorry.
I’m 22 and my father has never paid child support and I never seen him my entire life so far. No one can find him so he can pay back child support. What can I do to get that back child support
My wife has money sitting in a fund sumwete ray to be realest to her how can she vet it her x is in prison and tbeu been taking it out of his check and can’t find her to give it to her now they can how cam she vet it now
Ex is paying child support but after he switched jobs the government doesnt want to pay up. They keep making excuses as to why it isnt coming in. And keeps saying 4 to 6 weeks. Then that time comes and they make more excuses and say another 4 to 6 weeks. Its now been over 4 months of no child support. Why isnt it being sent to her when he is clearly paying on time…
I’m going thru the same thing I just found him this year and I’m 27 I’m going to call a lawyer Monday and see my options , do you have any advice or still stumped like me
I don’t know where else to go! My son is 9 years old and his father hasn’t been in his life at All. Montana state has child support on him but he hardly ever pays! When I contact my caseworker, we end up fighting and arguing because she is completely clueless on my case. The father is a violent offender and has to register as that when he moves into a new town, she literally couldn’t find him. Seriously?! It took me 3 seconds to get his address for her. I’m sick and tired of these state workers not doing their damn job! I haven’t received a payment in almost 5 months, including he only has to pay the BARE MINIMUM!! $130 a month. Please help!
My daughter Abby is 5 and I’m 31 years old. My life is in complete ruin because of this mother and her unethical ways of bringing children into the world. I tried to make a family with this woman. Why can’t family courts recognize this money making syndrome.
I’m a waiter with 2 jobs and can’t pay my back child support, or pay the monthly child support when out of season. Previous to my waiter jobs, I took a job setting up trade shows around the country, and unknowingly got into the middle of a drug ring that was right under my nose; never was arrested or convicted for this crap. I ended up in a homeless shelter in Osceola country in Florida because I was laid off. All this time my back child support kept accumulating. My cousin got me a bus ticket down to my Mom’s in Florida where
she put me up. I was arrested for having under 2 ounces of marijuana while in my friend’s car and spent 11 days in the Monroe county jail. The child support kept getting backed up further. Finally I got a job in a restaurant, but was laid off last month…and now, as I said in the beginning I have two jobs.
The lady across the hall from my mom is letting me rent her place at a very cheap rate.
I’m really a good person, have a college degree but can’t make enough money to pay all the back child support and support myself; and take car of the legal fees that see to fly into my life.
I don’t have a car. Abby’s mother and family court says I can see Abby on Saturday’s. I work so that’s impossible and with out a car double impossible.
I can barely maintain an apartment or food and clothing for myself. I don’t have $600 a month for child support so the amount keeps going up.
Abby’s mother lives with a man that is not her husband; drives a late model Porsche. She doesn’t work and just had another baby. This is her life style it appears and the courts stick up for these women, and father’s take massive financial hits; courts are very one sided, and don’t really want to hear what father’s have to say. FATHER’S ARE POWERLESS! God Help Us.
You need to act quickly and by all means do the right thing. Allowing back child support to continue to accrue is a sure fire way to find yourself in a deep whole. You need legal help on a local level. I know, it is not cheap, but the savings over the next year when your support is modified will pay for it all by itself. Fill out our side form right away. Also, the most important thing you can do is file a petition to modify support immediately. This will allow you to get into court and explain to the judge your FINANCIAL situation – that is all that matters right now. Show them your last 10-paychecks and they will recalculate support based on what you are earning now. We have some resources that can help you with that for Florida here: Florida Family Law
I totally agree my husband is in the same situation as you.. but my husband has been paying his back pay and they are telling him even if he pays all his back pay he still has to pay the back pay that’s not there.. if your from Florida and have child support in florida you can kiss you r live good by because they are the worst system ever…
This is total horse shit. The state ALWAYS has the ladies back because they profit greatly from the CS program. Women should start “maning” up. No one holds a gun to your head demands that you make a baby. Thats what I call EQUAL rights. If you can’t afford to support your own child, maybe you shouldn’t have one. Nah, why do that when you can make the gov and a man responsible for YOUR choices.
Sam Licitra you are clearly misinformed. I had 3 children with my husband of 18 years (and the choice was made by BOTH of us). my last child was special needs,she had several surgeries including 2 brain surgeries. We had no family nearby so I was forced to stay home and take care of my child who was my number one priority. My husband decided his ego wasn’t being stroked enough so he found a friend of mine to entertain him. I am now a single Mom of three daughters because my special needs child came first. He owes me over 30,000 thats THIRTY THOUSAND Sam…..in child support. the state is doing jack shit for me Sam,… so NO the state DOES NOT always have the ladies back. TRUST ME!!! If only I could afford and attorney but guess what Sam…someone needs to feed my children and its NOT THEIR FATHER! I HOPE THIS MAKES YOU A HAPPIER MAN SAM!
Shari…..tell me about it….I had three daughter’s with my wasband, gave up my career for him so he could enhance his (we were military so always overseas)…he decides 15 years down the road he is simply “tired of being married” and has run off with the whore he was screwing…so yep she supports him with cruises toe the Bahama’s, Mexico and they are just getting back from taking his mommy to Hawaii….but yep god-forbid the man helps supports his children…I have been attempting to take him back to court for almost two years, this week was the 4th court date scheduled and we are currently on stand by once again which means it will get pushed back another few months…but yep us women we are just all out to screw the poor little men…
Go to the Dept of Revenue (DOR)child support page and open a case and request a investigation.
I am a woman, I have man up. I am mom and dad to my little girl i pay fully for everything have her 353 days a year. Plus still let my daughter see her dad when it’s ok for him to see her when he has time. I recently took him for child support because he kept taking the clothes I bought for her and keeping them for himself plus his mother. Put clothes on her that barely clearly was to small for her when she returned. Asked him about this and he said he lost of her stuff. Asked me once if I need help but did not give me nothing when he got his check. Now I still let her see him when he wants her and he’s 3 months behind on normal payments and back. He even didn’t pay his fees when this all started when they said it was going to be a hundred dollars. He makes alot of money. Everytime i bring it up he said next week.
I’m a woman and I agree with you.. my husband is on child support and I can see what it has done to him.. his ex has a part time job and has all the government help you can get section 8, food stamps,cash assistance,etc. And she goes out partying every weekend and living her best live. Also her husband sell drugs, too.. she has two kids from two different daddies and neither of them get to see there kids.. my husband daughter came up her for Thanksgiving with his mom as a surprise.. is daughter didn’t even no us or his mom.. And I can’t get nothing because of her and him being on child support. So my family is struggling cause of her..
However men have the choice not to impregnate the women .. two choices were made not just one .. the man provides sperm to make the baby .. both parties are responsible because they both agreed to have unprotected sex
A few months after my divorce and before his 21st birthday, my son tried to commit suicide by self inflicted gun shot to face. He had mental health problems prior (was abused by Father) and more serious MH issues since. I have never receive any financial or other support from the abusive Father. My son is 29 and still lives with me. Can I get support for him? Back support?
Thanks in advance.
my daughter filed for child support in california in 2005, then she moved up here to new mexico in 2007.she never got anything in california.and here in new mexico when she filed in 2007 months went by did not hear any thing from them,she went in to find out what was going on with her case.they had all the info.they were not doing there job to find him,they wanted her to find out were he work’d,she told them he had two jobs and the names of the places he works.in 2010 she got court papers in the mail,the father will help with health insurance.my grandson been with my daughter since he was born in 2000.in jan 1,2015 she had got a check for 200.00 the frist and only she did not get one last month or this month from child support.they told her it was because she had to pay back the welfair back.she only was getting that money for three to four months.200.00 is not much.we though she would be getting all that back pay from him he just turnd 15 in jan why did it take so long.I told her she should of had went to court in 2010 insted of the child support she would of had got her money along time ago.can she take this to court.even if he lives in california.what can she do? she always took care of her son,she gets hurt when there are thing he need but can not get PLEASE PLEASE CAN YOU HELP HER thank you so much
in march it will be 6 months my ex has not paid he owes child support arrears the bal is very large amount he is not responding to the phones calls or letter I know his license is suspensed his boss is covering for him when he gets paid its cash my another information that he working full time but I have no proof of that I called child support services said he will going to court but waiting for 6 months I am having fincial hardship only income is social security please help
Hi. My ex-girlfriend put me on child support and I don’t mine at all but she don’t let me see my child or let me talk to him on the phone. my child is 12 years old and I don’t what to do, I need help to get my rights to see my child. And she got 2 child support case open one in PR and one in NH.
Since my child no longer live with is mother and iam still paying child support to her .what can I do to stop paying the child support and get custody to my child ?
My ex move a different state .and she no longer live with the child .child live a another city with grand ma .my question is do I have to still paying child support
I have been divorced for over 14 yrs…my ex wife first got sole custody of our daughter and I was ordered to pay 500+ in support each month which I did. We underwent a brutal child custody fight and I was given joint custody and my child support was changed to 300+. So, when my daughter entered high school she wanted to live with me full time and rarely saw her mom. I stopped paying her mother as I was paying for everything, dr bills, braces, eyeglasses, school fees, clothes, makeup, car, car insurance, cellphone, etc. for my daughters support. The mother and I agreed that I would not pay support while she was living with me. So I didn’t. Her mother agreed that she was working at a higher education institution and would get our daughter a full scholarship for college. My ex wife quit working at that facility. I was given custody of an IRA account for my daughter for her college education. I discussed with my daughter did she want that money toward her tuition or did she want me to continue paying all of her expenses while she was in college so that she did not have to work. I did that. Now my ex wife has served papers on me for back child support, college tuition and attorney fees? Do I even stand a chance here?
You definitely made one huge mistake that many father’s fall victim to: not going in to court and having the child support order terminated once she came to live with you. As far as college is concerned, if your wife didn’t pay for the college tuition, she has no claim for that money, and in some states, it may be too late to ask for college expenses from you. Give one of our child support attorneys a heads up by filling out the form on our site and get started with some detailed advice!
Caution here!! You are required to do what ever the current court order in effect states. During the time your daughter lived with you and you were affording all of the expenses of supporting her you needed to put a modification of the parenting plan and a child support modification order through the courts otherwise you are in contempt of court for violating those orders. I know first hand!! I did nine months in jail for this very thing. I presented a written agreement between myself and my daughters mom and receipts for daycare, private school, school clothes, and 3,000 which I paid directly to my daughters mom for back support with a receipt which she signed to the effect to the courts when they brought me to court for back support for the four years which I had possession of her?!! They determined the expenses to be a gift to her mom from me and that I was in violation of the court order to pay all moneys through the support registry and found me in contempt of court which there is no set time line as to the length of your jail sentence, so I could still be in jail had I not had a cd to cash in to pay a healthy amount of back support for that four years in which I was raising her. So use extreme caution when dealing with the courts, legal beagle is the best policy I say. Hope all goes well for you, I ruined me, my business, and my relationship.
The non-constodial parent has not paid an sufficient amount of child support for over 20years, and the Dept of Social Services seems to pamper him with a right to pay minimal amount of $12.00 a week.
I have heard he has property and a business, so I would like to go after his assests. I cant afford a lawyer because I am disabled and I get social security. What should I do to go after his assests and have him pay his back child support with a sufficient amount of at least $150.00 a month. He thinks its a joke, because he got in touch with our daughter, and told her to ask how much would I except to write off his back childsupport. When I responded with amount of 15,000, which is 2/3 of what he owes, he laughed and I have not heard from him. So, he is playing games with me, and I want to know what I can do about it?
In October I filed for support. I am receiving support for my child, and he lives with me. When we went to court he had his own place. But about a month ago he recently moved in, with his girlfriend and her parents out in harborcreek which i live in erie. I don;t believe he reported changes to the court house. I also have no address for him or telephone number or work number to get ahold of him. We are still legally married and been seperated for 4 years now. He just bought his girlfriend a diomond ring and consistently is going out to eat and blowing money. He doesnt have bills to pay since he moved and his car he is driving illegally. I know this because he told me and im cocerned when he comes and wants our son. The day I do give him my son , lets say its a friday. He has him for maybe 4 hours and sends him to his mothers house for the remainder of the weekend. He still owes me in back support. Not only is all this a problem , but his girlfriend goes on facebook and slanders me and threatening me numerous times and the issue was reported to fb. They didnt do anything about it. What can I do about all these problems?? please help!!! thanks
Getting this information in front of a judge, specifically the information dealing with the threats on facebook, will upset a judge. Most judges will order that behavior to stop or hold the girlfriend even in contempt of court. Get started right away, don’t waste any more time.
I need some legal advice on my case. A paternity test was done and was proved that hes was the father 13 yrs later after child’s birth. A case is open in the state of Mass through DOR, but i live in Fl ,which is where i opened a case after coming from PR (they could never find him) and closing the case i had there. Do i have a case for back pay child support and if so what do i do? There is more to the story but made it short.
Yes, you may have a case for back child support. This process is not easy at all, but it will be worth the money if you begin getting all that money back! The first step will be to find him and have him served with a formal complaint to establish parentage and a petition for child support. Contact us now for a free child support consultation!
Hi! I have a son that I’m paying support for in NY, and he’s now 21 years old . Will the support stop by another court order or will I have to contact the agency?I also have another son in P.A but the order was originally set in Florida.But last year, my son was sent to a group home because he and the mother could not get along.So, I am still paying child support.I want to know why do I have to pay the mother when the child is not under her care?
If you are still paying for the 21 year old, my main question is do you owe an arrearage (back support)? If so, you will need to pay that off in full before the order will terminate. If there is no arrearage, you need to get into court and file a motion to terminate child support.
As far as the child in the group home, you should file for a petition for termination or abatement of support since the child is no longer living with the mother. You may owe the state certain amounts of money because he is now in a state facility, or you may consider taking the child yourself, in which case you could receive child support help from the mother!
Either way, because of the miles between you and the courts, you probably are better off and will save money on travel by simply hiring a local child support attorney to take care of things for you. We provide a free service that connects you with an attorney in those states you mentioned so you can get a free consultation and get things fixed – it will save you tens of thousands of dollars in the end!
My Ex owes quite a bit in back support, he doesn’t work except odd jobs that he receives cash payment for, he doesn’t have a vehicle and lives with friends. I have reported to my case worker several times the info that I know and nothing is being done. She said they did an address check through the post office and it came back that he doesn’t live there because he receives no mail there, what the heck! I know he lives there as my daughter recently visited him there. How do I get anything done when I can’t get the state to do anything?
Your main problem is you are relying on the state to look out for your best interests–that will never happen. The state works slow, and they are often backlogged with too many cases to actually dig deep into your problem. Speak with an expert for free by calling us today. I know, it costs money, and that is tight without getting support. But a few dollars today will pay dividends as his checks are garnished and his tax returns are intercepted and sent directly to you. A lawyer will also force him to get a full-time job, keep a job diary, and report the income in a legitimate manner. The state will never do this for you.Get the help you need now!
how do I get suport from before? we had court and they determined how much he will pay from now on but what about the whole year before?
Our attorneys can help–give us a call! The way it works is this: you ask for “retroactive support” back to the date of the child’s birth. In many instances, you may lose, but the fear of having to pay all that money will, most of the time, force that parent to agree to a portion of the back child support for that period. Contact us now and learn how!
My ex’s employer is not withholding child support. My ex is good friends with the employer. The Attorney General has sent the order several times and now has contracted with a private vender in an attempt to collect. What are my rights against the employer if he is non-compliant with the order. What can I do to try and get a lien placed on my ex’s truck? How much does he have to be in arrears or how much time must pass of non-payment before I can do anything. The AG is dragging their feet.
An employer that violates a valid withholding notice can be liable for penalties up to $100/day, depending what state you live in. Filing with a private attorney will speed things up from 10mph to 100mph–and they will get you the money you deserve!
I have been divorced for 30 years and left state to relocate and went to get my drivers license and found out that they have been held for back child support . I contacted family child department and they told me they have no record and that the child support was paid through a private agency. My X wife is no where to be found after so many years. Our daughter is 34 years and does not know where her mother is. I want to know how I can get my driver licence released. I cannot get a job without my licence. What can I do? Please advise.
This is the type of situation where you need to hire an attorney. It is too difficult and there are too many steps involved to go it alone. I’m sorry, this is an unfortunate situation, but you need assistance. Speak to one of our experts for a free consultation.
if a court/judge order a child support amount and my attorney at the time filed a wage garnishment
then the father then quite hgis job and is now working for a company that will pay him under the table but the father is not paying as ordered by the courts/judge and i have 100%legal and 100% physical and he can only see his child 5 hours supervised does he still have the right to see her those 5 hours supervised if he is NOT paying his child support. I also have a restraing order in affect against me.and my mom and my children that he cannot come w/in 50 yards of all of us. but my main question is if hes not paying his court ordered support do i have to let him see his child?
To be short, yes you do. In most states, child support and visitation are two separate issues, and you should not be bringing them up together unless it is a matter of a 50/50 split on time. If you do not allow him to see his children, you have violated a court order, and you can be held in contempt of court. Your best bet is to file a Petition for Rule to Show Cause and hold him in contempt of court for not paying his child support. An expert child support lawyer, as you will find on this site, will provide you with a free consultation and help you protect your rights.
im not married i found out the person i was seeing ended up having a wife. well im pregnant he hasnt helped he finally told his wife what he cheated on her and that i was pregnant. he doesnt know if he wants to be around but he does want me to do a DNA test i want to go for child support but i dont want his wife anywhere near my child i dont trust her to treat my child right what do i do
This is a difficult situation to be in. once your child is born, you need to file for parentage to prove that he is the father and then ask for child support. If he requests visitation, chances are, unless there is something bad about him (criminal, drugs, dui’s, etc.), he will be given visitation. Speak to an attorney about these details, it’s not an easy situation.
Ok, What if My Ex Husband is in another state, and Enforcement Here wont help and bc hes in another state. What can i do??
If by enforcement you mean the administrative body that handles child support, not an actual judge or court, then yes, you may have a problem with having them help you collect child support. The best advice we can give you in this instances is to find a child support attorney by contacting us through our side form where we can put you in touch with an attorney that can handle your case the right way and collect the back support it sounds like you are owed You will need to file a petition in court and go before a judge, enforcement bodies do not always have the authority to go out of state (nor do they have workers that care enough to put in extra work for your difficult case). good luck!
I am having the same problems. My ex lives with his girlfriend and works under the table. i have a case through child support enforcement, but every time they try to serve him court papers either his girlfriend or his parents lie for him. So now child support offices are telling me there is nothing they can do about it. I have given them his address, his phone number, everything i can, but nothing works.
This is a problem for so many people and the main approach is to take this out of the hands of the Administrative workers and to bring it before a judge instead. Many states have both Administrative child support and court ordered child support. The differences are huge: if its administrative, a bureaucrat sends out paperwork and based on what they receive, sets a child support amount. Compare that with bringing him to court and having a judge ask him pointed questions proving that he must be working to afford rent, bills, etc., and proof of showing how they are paid. Then, a judge will order a support amount, in many instances, a “de minimus” amount of $100–$200/month. Although this is small, it is at least something while you find a way to prove he is working. You must hire an attorney and bring this in front of a judge or you stand no chance, the bureaucrats in administrative child support will NOT fight for you.
yeah you make it sound so easy, but let me tell you, all he has to do is put everything in his wifes name or his inlaws name and quit his job and work under the table and have no assets not even a bank account and you are screwed. NO money and no help from support agencies. so tell me how to fix that!
You need an attorney here, that’s the bottom line. Discovery is too difficult to do on your own, and yes, attorneys cost money, but the amount you pay one will be paid back 100-fold over the years you begin receiving child support. There are options: 1. many states have a a bare minimum that a noncustodial parent must pay, this is usually at least $100-$200 a month. A small amount, we know, but it is something. 2. an experienced custody attorney will petition the court to “impute” the income of the other spouse for purposes of calculating support. What this can mean is that a court will calculate support based on the income of your ex’s spouse and decide on an amount of child support to be paid that way. Without an attorney, neither one of these things has even a possibility of success–this is difficult to do, but an experienced child support attorney can help.