Statute of Limitations on CS/ collecting arraers

[Gypsygirl]

What is the name of your state? Order is from NY, NCP lived in FL

Divorced in 1978. Disputes with ex over out of state visitation. He stopped CS payments to try to get even.

I took him to court in FL (enforcing NY order) in 1991 and 1994 for failure to pay. He was self-employed, and then worked for his 2nd wife's business, so I could never garnish his wages. He divorced and moved to a different county, which complicated getting through court. Tried again in 1996, but he (unknown to me at the time) had remarried and moved back to his hometown in northern Wisconsin, so the FL court dismissed the case because they had no jurisdiction (as I am still in NY).

In 1999, I contacted NY CSE and asked them to enforce through WI to collect my arrearage.

Anyway, he lives in his wifes house and my asset search shows nothing to grab. I have no idea even if he works or where.

Can I do anything to collect the arrearage? What enforcement measures are available to me for arrearage only? Can an enforcement case be started in WI if my children are grown?

 

[Lil Miss Smarty Panties]

When did he go into default? The statute of limitations for collecting past due child support in NY is 20 years. If it's been 20 years or longer since he last paid support then you're outta luck.

 

[Gypsygirl]

He first defaulted in 1991. He sent me some lump sum payments. In 1995 he sent $10,000, but not through CSE and I didn't feel it was my job to report it to them. But he was supposed to be paying until each turned 21. My youngest turned 21 in 1997.

Can I have him jailed? I read here that could be done. He is 60 and his parents are now deceased (and he's an only child). If he cannot pay the balance of the CS he owes, do they keep him locked up? How long would they keep him?

 

[krispenstpeter]

He sent me some lump sum payments. In 1995 he sent $10,000, but not through CSE and I didn't feel it was my job to report it to them.

Oh Brother! Well hell yes, report his ass. File a contempt petition against him. And get ready for the circus because as soon as you do he's going to show proof that he paid you $10,000 in 1995 and CSE is going to come around asking questions.

And guess who is going to face the music then?

 

[NancyLou9]

It IS your responsibilty to report...

He sent you the $10,000. You got it and spent it. Are you more interested in screwing him or in getting your CS?

Side note, a man in lock up can't pay anything since he can't earn anything.

Isn't it in your best interest to see him stay OUT of jail?

Or is it not about the money?

 

[krispenstpeter]

Or is it not about the money?

Nancy, dear, it's ABOUT THE MONEY!!!

 

[Lil Miss Smarty Panties]

He sent me some lump sum payments. In 1995 he sent $10,000, but not through CSE and I didn't feel it was my job to report it to them.

He sent you 10 grand for back support and you didn't feel it was your job to report it? So you just let his arrears continue to pile up? And now you want to send him to jail ? I seriously doubt you're gonna like the responses you get from now on.

 

[tigger22472]

I agree that although it's not your responsibility to report that income it also lands on you to prove you DIDN"T get it. Does the order state he is to pay through the courts or directly to you? If it says directly to you then it IS your responsibility. Even if it does say through the courts and he didn't it CAN be constituted as a gift but then that makes you NO BETTER then he is. Although.. I have to defend the OP in some manner.

CS adds up very quickly and if she's only gotten 10,000 in 13 years that probably barely makes a dent in what he owes. My ex has given just over 1,300 in four years and is over 23,000$ behind.

 

[NancyLou9]

This is what leads me to think there's more

Can I have him jailed? I read here that could be done. He is 60 and his parents are now deceased (and he's an only child). If he cannot pay the balance of the CS he owes, do they keep him locked up? How long would they keep him?

She asks more questions about him going to jail than about what means CSE will go thru to get money from him.

It's not about the money with her. I hope they slam her for hiding the $10,000 from her.

 

[krispenstpeter]

In 1999, I contacted NY CSE and asked them to enforce through WI to collect my arrearage.

Defend her all you want tig, but the above requires BY LAW that she inform CSE of the monies.

It's a little thing called Fraud.

 

[Gypsygirl]

Look, he still owes me over $40,000 even with the $10,000 deducted out. I'm only looking to collect what he still owes. I can't even get NY CSE to get me a statement with a balance.

I didn't ask about collecting because I haven't found any way to do it. He had a divorce and bankrupcy a few years ago. and his ex now has the house and their business, so I can't touch it. He apparently leases his car and he lives in his new wife's house. I can't find any accounts and he's always been working free-lance, so there is no garnishment or tax refunds to use. So, yes, I figure if he's locked up maybe his wife will put up the money. Of course, if she doesn't, I guess he'll just have to stay there.

 

[tigger22472]

Defend her all you want tig, but the above requires BY LAW that she inform CSE of the monies.

It's a little thing called Fraud.

I wasn't defending her on not reporting the money. I will say though my decree states that it goes through CSE and my ex gave me 323$ one time. When I reported it I was TOLD by the case worker that BY LAW I didn't have to report it as the CO said it was to be paid through them and it could be considered a gift. I in turn reported it anyways as I felt that is the moral thing to do... and I did state that to the OP.

 

[Gypsygirl]

I'm NOT trying to collect on the 10K, just the other 40. Does nayone know if jail is possible when there is no CURRENT support order, only arrears? And what happens if his wife won't pay up what's owed? The rest of his family is deceased, so it can't come from them. How long would he stay jailed?

 

[krispenstpeter]

And what happens if his wife won't pay up what's owed?

And what the hell does his WIFE have to do with this? This is his debt, it does not belong to her. If she tells you to blow it out your ass she's well within her rights.

As for how long he will sit in jail, if at all, how do you expect anyone other than a judge who is hearing the case to know?

Lady, you are asking questions that need to be asked IN COURT.

So, do it.