Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

Single Moms Single Moms

Child support! How do you make the dad pay?!!

Posted by on Jul. 17, 2013 at 2:56 PM
  • 58 Replies
I am a 23 year old "single" mom (I have a wonderful bf) to a awesome 4 year old boy. I have been divorced from his dad for almost two years now. Child support was set up then and he signed papers for it. He has NEVER paid CS regularly. It's set very low too. About $350 a month. He claims I don't need it, or that it's too much, or calls me a gold digger etc etc... He has in occasion paid. I also got his tax return because the state garnished it. But he is currently over $3,000 behind and his license will soon be suspended. I would like to say he can't have our son during hi visitation because his license is suspended.... But apparently I can't do that. Does anyone know that for sure?? Has anyone denied the dad access of their time with the child because I unpaid support??? I sure wish it was legal to do so! I know he would call the police right away of I didn't let him have our son.... I get so frustrated and feel so helpless. Any advice or similar stories out there???
by on Jul. 17, 2013 at 2:56 PM
Add your quick reply below:
You must be a member to reply to this post.
Replies (1-10):
krisnkids
by Gold Member on Jul. 17, 2013 at 2:58 PM
2 moms liked this

Child support is not a ticket to see the child. There isn't much you can do other than go through child support enforcement. Harass them enough and they will do a wage garnisment.

allyoremily22
by on Jul. 17, 2013 at 2:59 PM
They can't garnish his wages because he isn't employed. His income is from bein ex military. He gets VA benefits and GI bill money for going to school. The state can't garnish that unfortunately....
allyoremily22
by on Jul. 17, 2013 at 3:04 PM
They can't garnish his wages because he isn't employed. His income is from bein ex military. He gets VA benefits and GI bill money for going to school. The state can't garnish that unfortunately....
krisnkids
by Gold Member on Jul. 17, 2013 at 3:04 PM
1 mom liked this

 Yes, they can garnish money paid by the VA. Look into filing for contemt and at the hearing ask for a wage garnishment. Then file the garnisment with the VA.


Quoting allyoremily22:

They can't garnish his wages because he isn't employed. His income is from bein ex military. He gets VA benefits and GI bill money for going to school. The state can't garnish that unfortunately....


 

Jenn8604
by Gold Member on Jul. 17, 2013 at 3:05 PM
2 moms liked this
You should have had stipulations added to your visitation, unless he helps support the child he doesn't need to see the child. You need to find a new lawyer and go get a modification in cs. your supposed to every 3 years, so u may have to suck it up for a year unless your lawyer says you can.
I am a paralegal and I have seen some crazy stuff added into all the cs and visitation stuff including if dad didn't pay he didn't see. name changes while dad still has rights to the child but mom can change the kids name every time she turns around.Its crazy stuff in family law.
Which is why I don't wanna marry or have more kids. It's insane!
Posted on CafeMom Mobile
allyoremily22
by on Jul. 17, 2013 at 3:08 PM
I am starting school in the fall to be a paralegal and I want to work in family law! I am thinking of gettin a lawyer... Seems ironic to have to pay money to get my kids da to pay me tho. Plus it scares me that he might try to get more time with our son if I modify the parenting plan and support etc
allyoremily22
by on Jul. 17, 2013 at 3:10 PM
I have been told by my child support enforcement officer that there is nothin they can do to garnish those wages.... I also was told filing him in contempt is expensive and most judges won't see a case unless its over $5,000 of support overdue


Quoting krisnkids:

 Yes, they can garnish money paid by the VA. Look into filing for contemt and at the hearing ask for a wage garnishment. Then file the garnisment with the VA.




Quoting allyoremily22:

They can't garnish his wages because he isn't employed. His income is from bein ex military. He gets VA benefits and GI bill money for going to school. The state can't garnish that unfortunately....



 


Oliviasmom72
by Silver Member on Jul. 17, 2013 at 3:23 PM

 Child support and visitiation are seperate and a parent should not lose visits just because of it. It is not in the kids best interest for them not to see the other parent. I do agree though that not enough is done to go after these perpetual deadbeats. Once you fall behind over $3k, you go to jail until you pay half the balance due.

 

 


Quoting Jenn8604:

You should have had stipulations added to your visitation, unless he helps support the child he doesn't need to see the child. You need to find a new lawyer and go get a modification in cs. your supposed to every 3 years, so u may have to suck it up for a year unless your lawyer says you can.
I am a paralegal and I have seen some crazy stuff added into all the cs and visitation stuff including if dad didn't pay he didn't see. name changes while dad still has rights to the child but mom can change the kids name every time she turns around.Its crazy stuff in family law.
Which is why I don't wanna marry or have more kids. It's insane!


 

lnrmom
by on Jul. 17, 2013 at 3:34 PM

Child support and visitation are not the same monster and do not go hand in hand. You cannot withold visitation for child support.

All I can say is that eventually this will bite him in the butt. CS doesn't go away, it just keeps adding up. However, if you have a case with your local CS Enforcement office, call them and see what you can do about... uhm.... can't think of the name of the offense, but it's not following the judge's order. I'm sure someone will know what I'm talking about. He might end up in jail for it.

allyoremily22
by on Jul. 17, 2013 at 3:48 PM
I don't think I can file him in contempt yet... I def WILL when the time comes... I just think its ridiculous that the state can't/won't do anything until they are 6 months behind. What about me?? Here I am struggling to provide the life my son deserves and his deadbeat dad sits in his ass blowing his money the min he gets it.... It's unfair. I know the laws and I know there is anything I can do.... I'm just behind frustrated and disappointed with the justice system
Add your quick reply below:
You must be a member to reply to this post.
Join the Meeting Place for Moms!
Talk to other moms, share advice, and have fun!

(minimum 6 characters)

close Join now to connect to
other members!
Connect with Facebook or Sign Up Using Email

Already Joined? LOG IN