How do I go about getting the father of my child arrested for failure to pay child support?
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How do I go about getting the father of my child arrested for failure to pay child support?
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He was ordered by the court to pay child support starting Oct. 1st. I haven't seen a dime of it. He quit his job before they could start garnishing his check. He got another job and never would tell me exactly where he was working. Then he quit that job. He owes $1,400 in back child support. My lawyer said i can have him locked up after him not paying child support 4 weeks in a row. So, how would i initiate the arrest of this "so-called man"?
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You asked so...
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You are consuming way too much energy. Open a child support case, there is NO guarantee that he will pay but at least their enforcement actions can make him uncomfortable.
Trying to enforce your own order is going to make you bitter, well, more bitter and angry than you sound. |
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rejectedzipper
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Since you have a lawyer he should be doing this for you without even being asked. |
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Michael H
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If you have an attorney, let him handle it.
By the way, 'pro bono' is an attorney who volunteers his/her time. 'Pro se' is representing yourself...... |
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KevinM
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This is the kind of guy who deserves to be locked up. I would check with your lawyer, of course, but you'll find that you'll end up having to spend $3000 to collect the $1,400. You might be better off just allowing it to accumulate (and collect 10% interest!) for a while.
If you want to, you could try to create a paper trail for his behavior. You could send him an email stating that it is your intention to file contempt of court charges if he does not begin making payments within 2 weeks, and that you will also be asking the court to order him to pay your legal fees. If you can get him to start paying voluntarily, you'll be much better off. But - CHECK with your lawyer before you do this! It could be used as evidence in the contempt case if it ever does come up.
Sorry to hear it and good luck!
P.S. Want to hear the other side of the story? I had a difficult divorce, and my ex-wife moved away from the area where I could be best employed. I've struggled to get good jobs, but finally found a good one this past June. My support was modified (appropriately), and I was ordered to pay two months of the difference in support retroactively - about $1500. The hearing was on January 8. I told her I didn't have this immediately, but that I could make a payment in February and pay the balance on March 1 (I'm in sales and that's when I get my commission check.) She asked twice more, and I repeated that I could pay on March 1.
She filed a contempt of court motion on February 26th claiming that I refused to pay and asking for $10,000 in legal fees. I hadn't even seen her motion by the time I had paid. By the way - did I mention that she's been unemployed for 6 years since our divorce? (We were married for 5 and a half and she was a stay at home mom for 3.)
The system stinks, and unfortunately there's nothing we can do about it - just hang in there, and realize that he'll get his eventually! Good luck! |
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VIVI
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Talk to your lawyer. |
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donotbuyakia
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No competent lawyer ever said any such thing. First of all, why would you want him locked up? He can't pay if he isn't earning money. Secondly, no action will be taken by child support enforcement until he is six months behind. And if he pays so much as $5, they will say that he is attempting to pay, and won't do anything. When they do take action, the only thing they will do is take his driver's license. They will not lock him up. Get over your attempts to get even with this man. Your anger is extremely detrimental to your child. Adjust your attitude. Report it to child support enforcement, and then do what the rest of us do-support your child and move on with your life. |
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alfredenuemann98195
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Petition for contempt of court is filed in the court where the order was issued. Pro Bono (self representation) help is usually available to fill out the forms for free in most courts. |
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