Going after unpaid child support
Here's the situation. My sons are now 17 and 19. The 19 yr old attends college, but still lives here with me. Nine years ago when we got divorced ex was ordered to pay $712/month for child support. I have primary custody and they went to his house every other weekend and a month during the summer. Since 2009, I have been receiving child support sporadically. Sometimes it would be for the right amount, sometimes not. When my older son turned 18, ex thought he didn't have to pay CS for him anymore even though he hadn't graduated from high school and was going to be going to college full time. Ex, since he's so brilliant, decided to cut CS down to $450/month. Since March 2011, I have received a whopping total of $550. That's 15 months with practically no CS AT ALL! His excuse is that he and his weir are now in real estate and we all know what has happened there..... At $712/month, that's $10,130. At $450/month, that's $6,200! That's not including all of the other months prior to that that he would miss. He has TOTALLY managed to ruin my credit and now I have collection agencies calling my home.
At one point years ago when he was over 30 days late, I filed the paperwork to have it taken out through his employer. I got NO results from that. He threatens me with, "Take me to court! The judge will see how little I'm making right now and REDUCE CS!". He's such an ass and his income is paired with wifey's so it will look like he's only making half of what is there. My delima is this, my boys have been taught to feel sorry for daddy and would be hurt and angry that I would do something like that to him. Ex is the king of manipulation and can play the sympathy, nervous breakdown, card in a second. I'm in Alabama and need some opinions and advice in recovering what is owed to us.
- dgb's blog
- Log in or register to post comments
Comments
I'm a teacher with a Masters
I'm a teacher with a Masters Degree. No, we do not make a whopping amount of money. No, we don't have the opportunity to get overtime pay. The only extra pay we do have sometimes is teaching summer school, which I did every opportunity that it was available. My boys were 8 and 10 when I divorced and I wasn't about to leave them home alone during the summer to work. My dad committed suicide a month after my divorce and for the past nine years I have been making ends meet with money I received from selling his house and land. It took 9 years to close out his estate, so we received money each time a part of his land. So basically I feel like any money I got from my dad's estate went to pay for what my x wasn't. Sorry if that sounds ungrateful, but my dad's money shouldnt have had to go for my ex's unpaid duty.
Well, wifey's income won't
Well, wifey's income won't count.
I'm owed over $100K at this point. Not sure I'll live long enough to see it...
I'd suggest trying to take care of the credit issues on your own, with whatever means you have. I wouldn't suggest relying on XH.
not all the time. If he is
not all the time. If he is using her income to support himself then it could be used or garnished to pay back.
Go back to court. He will
Go back to court.
He will have to pay the back support. The judge may lower the current amount he has to pay, but will not void or decrease the back amount.
Even if he doesn't comply with the order on his own, they will take his tax refund (if he gets a refund). If he has any money in the bank, they will take that as well.
His wife's income should be
His wife's income should be irrelevant to you. You have a masters and decided to be a teacher. Yes, I have "heard" the pay sucks. It was your choice. Just as it is his choice to work in real estate where the pay right now sucks. So you didn't take him back to court worried that the courts would indeed CUT his CS, but now want to do a retroactive and get what he didn't pay? I sure hope that the courts do NOT allow the money to be collected from him. If you didn't agree with what he did, you should have taken him to court back then. Sadly, the courts will probably side with you. I hope that they could tell you that you should have gotten a better paying job too.
Herewegoagain, it seems like
Herewegoagain, it seems like I remember your pissy attitude from past posts. What is your problem? If you're so happy, blissful, and have your life in order, why are you on this site telling others how to live their lives? Oh! You're obviously not happy, blissful, or even content with your relationship. Telling me that I should have chosen a different career? What the hell do you know about me anyway? Wait! Let me answer that one, NOTHING! I'm not even going to discuss who I am with you because you are not worth my time. You hateful, judgmental, miserable thing. Go clean your house and stop crapping all over everyone on this site!
...Sadly, the courts will
...Sadly, the courts will probably side with you. I hope that they could tell you that you should have gotten a better paying job too.
Yes she should get a better paying job because her loser exh doesn't want to support the kids that he fathered and wants to live off his new wife so the marriage he couldn't make work and the kids he walked out on should be the burden of their mother completely. Gee are you sure you are not the bio-father of my child?? Her "dad" thinks he shouldn't have to pay support because he doesn't want to be her dad. WTF is wrong with people and when did taking care of your children become optional?
My FDH is paying child support on a 21 yr old and an 18 yr old. He does it because he is their father. He was court ordered to pay until they turn 19 and he told the oldest he would keep paying while she was in college. Never mind they quit visiting him four years ago and have treated him like crap and blamed him for things that their mother did. Never mind that the last three years he has been nothing but an atm and BM doesn't do more than the bare minimum except when it comes to bad-mouthing him. We live in a smaller home and do not get to have vacations and other things because of the huge amount of support he pays but they are his kids so he pays.
the courts will collect on
the courts will collect on the back support as long as there was a CO in place. I know a woman in her 60's who her kids are in her 40's and she is receiving $200 every two weeks in back support.
Sue him for past child
Sue him for past child support. I do however think he shouldn't have to pay for any child over 18. They are adults and can take out loans and get a job....He does owe for past CS and for the younger son. Once they are an adult, they are on their own....He may live with you, but that is your choice.
In the state of Alabama a
In the state of Alabama a child does not reach majority until 19. FDH is stuck paying for a kid that is living on her own away from her BM. WTF? I told him to get her emanciapated and off of CS that her BM is not giving her anyway. The cost of living is not as high in Alabama and consequently the rate of pay is quite a bit lower than the rest of the US. It is one of the poorest states in the country and there is a lot of unemployment here. It is not easy to find a second job and you have to weigh the high cost of child care against a minimum wage of $7.25/hr.
I would take him to court and get his income tax returns garnished. They will take the whole return no matter if he files with his current wife or not. Good Luck OP.
My son does go to college
My son does go to college full time, has a job, makes his own truck,insurance, and gas payments. I don't see how he could be expected to get a second job and leave himself open to flunk out of college because he has no time to study. The purpose of my blog was to get opinions as to whether or not I should upset my kids by going for back child support, but it seems that people pick a part of what you say and go off on that.
You misread/I didn't explain
You misread/I didn't explain that well. I am with you, dgb. LOL My FDH is still paying for a kid on it's own because of Alabama law.
I also was commenting about the poster that stated you should get a second job. FDH and I have talked about me getting a job and right now with the low wages and high child care it would cost us too much in gas for me to go back to work.
Again I say you go for the back support and if the kids say something explain that their dad owes the money and try giving them an example of if he bought a car and decided not to make the payments it would be wrong or something similar so they can understand that the money is owed and you had to make up the difference while he lived his life doing what he wanted never caring about the struggles you were having trying to cover his share of the money for them.
I am in my forties and still tell my mother she should have sued my father for child support and forced him to pay up. We needed the money and he had the responsibility.
Thank you Realitycheck. I
Thank you Realitycheck. I think our posts crossed each other and I missed something or misunderstood. I wasn't trying to be ugly, but Herewegoagain just keeps things stirred up and I guess I was expecting another pissy comment. Thank you for your support. Sometimes I don't know what planet some of these people are on!
You are welcome, it happened
You are welcome, it happened to me. I got so pissed off at one person and I misread the next person's post and took it the wrong way.
Real Estate Jaipur --Luxury
Real Estate Jaipur --Luxury Flats In Jaipur, Real Estate In Jaipur, Real Estate Jaipur, Flats In Jaipur, Flat In Jaipur, Properties In Jaipur, Apartments In Jaipur, Jaipur Property, Jaipur Apartment, Jaipur Flats, Flats Jaipur, Flat Jaipur
http://www.hcd.co.in