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taking the deadbeat back to court and his latest trick!

the deadbeat doesnt pay and has supervised visitation only. he currently owes 22,000 in arrears. even though i cant afford a lawyer im taking him to court to enforce the child support. we have a court date of 2/23. as soon as he was served guess what? i received a payment! he does this every time we go to court. and as soon as were finished he quits again! i dont know if the judge will do anything seeing as he currently has a job. i ope he doesnt think im filing a frivolous lawsuit. any advice?

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Anonymous

Asked by Anonymous at 10:17 AM on Feb. 13, 2010 in School-Age Kids (5-8)

Answers (6)
  • You shouldn't have to have a lawyer. The county should have to enforce the support order. Support should be taken from his pay, including back support. Your state must be in the dark ages of child support.

    Get there to be new laws in your state. I'm serious. If men can get away with this then there need to be new laws.
    Gailll

    Answer by Gailll at 10:22 AM on Feb. 13, 2010

  • Get all your records of past payments. Plus court dates. This will show the judge what he has done in the past and thus is doing now. If it comes down to it you can ask the judge to just garnish his wages so he wont see it but you will receive it in a timely fashion. Hope this helps as it was meant too. Good Luck!
    Have a great day!:)
    CloudWeaver

    Answer by CloudWeaver at 10:23 AM on Feb. 13, 2010

  • Yeah I would take a copy and dates of the payments.
    IMAMOM2-2KIDS

    Answer by IMAMOM2-2KIDS at 11:00 AM on Feb. 13, 2010

  • He shouldn't think it's frivolous. There should be records that show that he wasn't paying and that you suddenly got a payment once he was served. I know the feeling, though. My ex doesn't pay either...I don't even get a payment when he's served.

    To Cloudweaver, though...garnishing wages only works if they actually work, and don't quit. That's how my ex got out of it for years. He'd quit his job, start a new one, quit that one when they caught up to him, start a new, and so on. I used to think it was as simple as garnishing wages, too, but it's not always the solution.

    If a deadbeat really wants to be a deadbeat, he/she will find a way to do it.
    tropicalmama

    Answer by tropicalmama at 12:21 PM on Feb. 13, 2010

  • UGH
    mine does this too and I am awaiting the court date....
    ask for it to come out of his paycheck
    good luck
    mommymeg03

    Answer by mommymeg03 at 2:14 PM on Feb. 13, 2010

  • The state should be your attorney. They do it for me without cost. I go through the state to get my arrearage. Mine knows he can go 3 months without them doing anything so he tries that bs. Now that his current wife is on Disability he has to pay regularly (especially since her SSI ends up giving him the money to pay me with anyhow so he has no good excuse). Take his payment history with you. Show the judge. I'd take a year calender and highlight the days he paid so it's easy for the Judge to see. I find charts like that are more effective than just listing dates. I also find that sometimes going to court without an attorney is to your advantage. If you are not represented, the judge has to make it equitable (equal to both sides) which means he stands in as your attorney. I don't see why the CS Prosecuting Attorney isn't going to be there though.
    admckenzie

    Answer by admckenzie at 3:31 PM on Feb. 13, 2010

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