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Can I get back payment of child support?

The father of my son was court ordered to pay child support. He was paying on time because the govn't was taking it out of his paychecks. He has quite the criminal record and he quite his great paying job over 3 months ago. My ex's mother has been paying all of his bills and sending him money but I haven't received any child support money from him. He obviously is having a hard time finding another job with his criminal background, but i didn't know if i would get paid back for the child support that he hasn't paid in the last few months or if it would just start again like it was before. Would I have to take him back to court?

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Asked by Anonymous at 12:50 PM on Aug. 22, 2013 in School-Age Kids (5-8)

Answers (6)
  • You will get arrears, but ou can call your cs agency & ask them to do something. He can lose his license.

    Answer by funlovinlady at 12:53 PM on Aug. 22, 2013

  • I do not know where you are and if there are any other regulations, but here they "redirect" any money he would receive back on his tax returns until the deficit is repaid. Generally here they do not increase the amount monthly to catch it up though they strongly encourage you to pay in extra to get it done.

    Answer by Dardenella at 12:57 PM on Aug. 22, 2013

  • What good would having him lose his license do her? It would only make it even more difficult for him to find a job and to then be able to pay his CS?

    Answer by Dardenella at 1:03 PM on Aug. 22, 2013

  • Heard a woman got zero CS for all the years she raised her two children, when the father retired and started to get s.s., she started to get her back CS. She was in her sixties and her children were in their fourties


    Answer by fiatpax at 1:13 PM on Aug. 22, 2013

  • If you hear of him getting a job then you can call your case worker and give them a heads up where he is working.

    Answer by PartyGalAnne at 1:31 PM on Aug. 22, 2013

  • Is he paying through the state or paying you directly? If he's paying through the state, they will have a record of what he paid and what he hasn't paid. He will have to pay what he hasn't paid, but they won't automatically MAKE him pay more when he starts paying again. What you can do, though, is file a motion to have him held in contempt. If it's the first time he's not paid, and he's not thousands behind, he'll likely just get a slap on the wrist where they'll simply order him to find a job, and put a new order in place that will say he has to continue to pay what he was originally ordered to pay in child support, plus an extra $X per month until the arrearage is caught up. If you have any proof that he has money coming in from somewhere, show that to the judge.

    If he's paying you directly, though, you might have a he said/she said situation if he says he was paying. I'm not sure what you could do then.

    Answer by wendythewriter at 2:57 PM on Aug. 22, 2013

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