Ex quit paying support on 18 yr old Senior

[romandachs]

What is the name of your state? Indiana
My Ex-husband quit paying support on our 18 year old Senior in HS.
He quit paying officially in May though had cut his payments in half for a few months prior to this. Our son was 18 in July and he started his Senior year in August.
He also decided to lower his payments some time ago as he felt he was paying too much. (120.00 decreased to 91.00 every 2 weeks) He was ordered to pay 175.00 every 2 weeks once our eldest son either no longer lived with him (which was 2 months after the court date in 2000) or graduated from High School. He still owes our attorney over 500.00 from almost 3 years ago, when he stopped paying his support and we took him back to court. He has not been without gainful employment and in fact drives new vehicles. He owes in excess of 14,000.00 in arrears, which is gaining interest as our attorney had it set up this way. He has told his sons that I will never see any of this money once he no longer has to pay his support. (He is supposed to be paying 50.00/mo on his arrears, but he isn't even paying any support right now) We have went the garnishment route, he usually pays for awhile, changes jobs or quits and goes back and then the garnishment is never restarted.
What can I do to get the money owed in arrears??
I am sick of taking him to court. I get monthly statements from my attorney showing no effort of my ex to make payments. I don't feel adding to his bill will help matters

 

[craftymom]

If I'm reading correctly, he just quit paying on his own, without a court order to do so?
In which case his arrears are still adding up. Only two things that I can see you doing about it.
1) Take him to court (again....)

or

2) Get his Tax refund intercepted (if he gets one)

 

[enricosuave]

Hire a collection service..

Another option is an independent collection service. They will collect a commision, but you will recieve more than you are getting now.

You provide the amount to be collected via the court order and latest statement from the DA to the collector and they go about securing a garnishment from either; IRS refund, Checking Account, Savings Accounts, Auto repo and/or wage assignment. (which as you mentioned only works temporarily).

It's much better to do a one-time big hit on his savings or put a lein on his house/car than the repeated visits to court ever time he changes jobs. When looking at collection agencies, be sure to note what commission percentage they are expecting and also the length of time you are "comitting" the debt to their charge. Givng an agency 6 months, a year max, is ok.. but don't sign a contract that gives a collection agency sole ability to collect the debt for five years.. they may take their sweet time getting to your case.

One example.. my neighbor across the street woke up one day to find his savings emptied out by several thousand for child-support he'd never paid. By the time he knew, it was gone. Good collection agencies will time out the withdrawal on either the 1st or 15th of the month when most people get paid.

Look into it and get a reputable company, many are available on the net or your local phone book. If the non-paying parent lives out of state, get one that lives in their state.

 

[Lil Miss Smarty Panties]

File thru CSE and forget the lawyer. Then stay on the phone to them about his arrears and non payment. They will collect it one way or another. Provide them with all his info like his job, address, phone # etc. Child support doesn't stop in Indiana until the "children" are 21 unless they are emancipated. He can't just stop paying on an 18 yr old still in school.

 

[nailtech]

I'm with enrico, I would go with the Judgement/leins.... since your past efforts are not getting you the money, he can even threaten to file bankruptcy and it wont effect you in the least... because back child support is not dischargable... but in some states I think theres a statute of limitations as when you can go back and get arrears collected,... it might be two years after the child turns of age..... I can't remember..

go to the main page and under Bankruptcy theres credit and collections.... go ask your question about getting a judgement on child support arrears,. theres a lawyer there named Dorenephilpot, who is a Indiana lawyer, she should be able to help with your question...

 

[romandachs]

Collecting Arrears

My ex remarried and the second ex is collecting the IRS refunds, I believe on her 2 sons. I guess she was told that until my 2 are of age to quit receiving the support payments, her 2 would be getting the seconds and her support will go up considerably after that. That is what she told me.
I was reading in the Indiana Drivers License book (in the back) that if a father does not pay his support and if he owes arrears, they could put him on a 30 day warning of an impending suspension of his drivers license and that he had 30 days to pay the arrears in full or deal with a suspended license. Now this would probably really get to him as he would not want to go without a drivers license. I just don't know how to go about doing this, I think it has to be done by the prosecuting attorney or DA. I do not know what the CSE is. Can someone explain? My eldest son is back here at my house, he was 20 a few days ago. My eldest son has struggled over the past 3.5 years living on his own because he couldn't live with his father (and his new wife) and didn't want to live here and wanted to try to finish his schooling in IL. He ended up quitting school his senior year, but went back and got his GED a few months later. He has an alchohol problem, which he believes isn't a problem at all even after a couple of DUI's and 3 years without a drivers license. This has been a major problem with him living with me, as I am sure you could understand.

 

[Lil Miss Smarty Panties]

CSE is child support enforcement. It's called Bureau of child support here.



Parents receiving TANF or Medicaid for their children will be required to pursue child support services (the IV-D program) through the local County Prosecutor's Office.

Parents who do not receive TANF or Medicaid for their children are eligible to receive these services as well, and should apply for the IV-D program if they need assistance with child support.

Fees
A one time fee of $25 is required to start child support efforts for families not receiving public assistance. There is no fee charged to families who receive TANF or Medicaid.

Participation
In order to receive the child support services of the Prosecutor's Office, it is critical that all necessary information is provided by the person applying for services. During the process of applying for and receiving services, there will be information requested that some may consider personal. Please remember that all information requested is necessary in order to give the best possible service to your case. All information you provide will be strictly confidential.

Who do I contact?
The Bureau has entered into cooperative agreements with the Local County Prosecutors in all Indiana counties to provide child support enforcement services. It has cooperative agreements with the Clerks of Circuit Courts for collecting support payments, and with several courts to set up Special Hearing Officers specifically to adjudicate Title IV-D cases.

The Child Support Program has several tools available to enforce child support obligations. These tools include:
income withholding liens on property
interception of income tax refunds (state and federal)
interception of unemployment compensation benefits
interception of lottery winnings
credit bureau reporting
driver's and professional license suspension
financial institution data
cross matching new hire reporting and
computer automation of its operations, including interfaces with numerous other computer systems


http://www.in.gov/fssa/children/support/index.html


P.S. your homepage URL isn't working...