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  #1  
Old 12-27-2000, 06:18 PM
stepmom03
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Oregon- My husbands exgirlfriend now owes us 993.40 in back cs, medical, dental, legal fees, and prescriptions. She is to pay half of medical, dental, and prescriptions. She was just served a court order from the judge to pay our attorney fees, which is going to start accumulating again I'm sure. 548 of that total is in back cs.

She is 19 years old. She has another daughter that is a year and a half. She has had 2 jobs in a 6 month time period and quit from both of them. The last one because she was ordered to pay the cs. Would we be just wasting our time taking her back to court as she doesn't have a job? She is completely capable of working. The boy is 4 and she's accumulated the 993.40 in a 4 month time period.

I'm sure we won't get the money anyways, only because she refuses to work. She's the type that thinks everyone else should have to support her and her kids.
  #2  
Old 12-28-2000, 01:24 AM
ndea25
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You know, I was wondering the same thing because my daughter's father is over $6000 in arrears just for my child. He also has two other children and one on the way who he does not pay support for. I know that he is supposed to pay the same amount for one of the children as he is supposed to pay for mine. I'm not sure about the second child. He had also decided to quit his job as soon as CSEB began garnishing his paycheck. I have no address or phone number for him. The court papers go to his other children's grandmother's house which is his mailing address only. Anyway, I have recently found out from his sister that he has moved on to a new girlfriend (even though his last is pregnant with his fourth child) and all he does is drink and party. He also uses cocaine.
I know that I will probably never see this money either but I keep filing petitions for violation of support anyway. I think you should do the same because if she ever decides to grow up, she will still be held responsible for this money. I'm not sure if this will ever happen with my ex (doubtful) but now, I am also planning to file a charge of felony non-payment as I was advised on this site. I'm hoping that maybe he will get jail time and that will help. If it doesn't, I will keep going back to court until something comes of it. He'll probably end up in jail for the other support case because the girl is on public assistance so the money goes to them and they don't mess around. They went after him once already. I don't have a lawyer but I do have paralegals that go to court with me to help me with my case. Basically, they just tell me my rights and sit in the court room with me. I believe they can't speak for you in court as a lawyer would but, still, they are very helpful. They have even tried to work with my ex when we go to court. They will ask me what I am looking for and then discuss it with him to try and set up some kind of agreement. He usually agrees to what I want but doesn't keep his part of the agreement so I always have to start over. But, having them deal with him is a big relief to me because he just stresses me out more as he loves to try and aggravate me. If you don't have a lawyer or even if you do, but don't want to pay anymore or aren't satisfied with him/her, see if you can find one of these organizations in your area. I live in NY and the organization is called FOCUS which stands for "For Our Children and For Us".
Good luck!
  #3  
Old 12-28-2000, 09:05 AM
LadyBlu
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The thing to remember in these cases is that if the parent files IRS returns you will get their IRS refunds, as they are intercepted by the IRS. The second thing is if they should ever win the lottery, or any other type of big cashfall, then you already have the wheels in motion and just need to keep after them, sometimes it takes years to collect, sometimes not.
  #4  
Old 12-28-2000, 10:53 AM
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Quote:
Originally posted by stepmom03
Oregon- My husbands exgirlfriend now owes us 993.40 in back cs, medical, dental, legal fees, and prescriptions. She is to pay half of medical, dental, and prescriptions. She was just served a court order from the judge to pay our attorney fees, which is going to start accumulating again I'm sure. 548 of that total is in back cs.

She is 19 years old. She has another daughter that is a year and a half. She has had 2 jobs in a 6 month time period and quit from both of them. The last one because she was ordered to pay the cs. Would we be just wasting our time taking her back to court as she doesn't have a job? She is completely capable of working. The boy is 4 and she's accumulated the 993.40 in a 4 month time period.

I'm sure we won't get the money anyways, only because she refuses to work. She's the type that thinks everyone else should have to support her and her kids.
Your husband ex-g/f is 19 and has a 4 year old child and he has custody ? How old is he ?
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This is not legal advice. Double check everything with your own attorney and your state's laws.
  #5  
Old 12-28-2000, 05:07 PM
stepmom03
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LegalBeagal, My husband is 21. He was 17 when his son was born. Quite young I know. I'm 21 myself and am dealing with everything as my husband won't. I've finally put my foot down after 3 years of dealing with her and told him he screwed her, he can deal with her. Harsh I know but I got tired of the phone calls 24/7. They weren't together when the child was born but he has always tried being in his sons life, and after a year of dealing with custody/visitation this August she finally agreed to a deal through mediation. However she isn't very smart and only cared about receiving cs so she agreed to everything my husband said. Giving him shared custody but she only sees the boy 2 days a week. Plus she had to pay the cs. What a screaming match that turned out to be when she received the final papers.

LadyBlu, what happens when the money/cs agreement is supposed to be set up in an account for the boy and we aren't going through cs division? We can't take her taxes? We haven't turned her into cs division yet because the judge won't sign the final agreement for custody because she never took the required parenting class. We now have to come up with the money to hire an attorney, which isn't happening very fast as we have a baby on the way.
  #6  
Old 12-29-2000, 02:41 AM
ndea25
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Is the child support agreement just between your husband and the ex with no court order? If it is, you'd be a lot better off going through the CSEB because they will pursue it for you every time you file eevn though sometimes you have to keep on them because they can be slow. But, at least it will all be on record because I don't think you can take any legal action against her (such as getting her refund) if the agreement is just between him and her. I'm sure Lady Blu or Legal Beagle will be able to tell you more.
  #7  
Old 12-29-2000, 11:54 AM
LadyBlu
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Quote:
Originally posted by stepmom03
LegalBeagal, My husband is 21. He was 17 when his son was born. Quite young I know. I'm 21 myself and am dealing with everything as my husband won't. I've finally put my foot down after 3 years of dealing with her and told him he screwed her, he can deal with her. Harsh I know but I got tired of the phone calls 24/7. They weren't together when the child was born but he has always tried being in his sons life, and after a year of dealing with custody/visitation this August she finally agreed to a deal through mediation. However she isn't very smart and only cared about receiving cs so she agreed to everything my husband said. Giving him shared custody but she only sees the boy 2 days a week. Plus she had to pay the cs. What a screaming match that turned out to be when she received the final papers.

LadyBlu, what happens when the money/cs agreement is supposed to be set up in an account for the boy and we aren't going through cs division? We can't take her taxes? We haven't turned her into cs division yet because the judge won't sign the final agreement for custody because she never took the required parenting class. We now have to come up with the money to hire an attorney, which isn't happening very fast as we have a baby on the way.
If the support is not court ordered and is just an agreement between you then no you cannot do much to enforce it. You can petition the court for support though, because obviously she isnt going to take responsibility and have the acct set up as agreed.

BTW, Kudos to you for making hubby take the initiative.. it is his place to do so.. as you state.. he slept with her..

If you cannot afford an attorney have you considered using the state Child Support Enforcement agency to assist you? They can get the custody determination done also. As well as set up the support and visitation. They work on behalf of the child doing what is in the best interest of the child.
  #8  
Old 12-29-2000, 03:03 PM
stepmom03
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custody is being established through mediation agreement. In the agreement she is to pay cs to an account my hubby set up for the boy. She has yet to place any $$ into it. They judge hasn't signed the final agreement because she never took her coparenting class she was ordered to take. However, after a conversation with her last night I found out that the judge sent her a letter giving her a date at which she is to complete the class. She doesn't take it then she will be found in contempt of court. So then we can finalize the papers and they we will turn her into cs division.
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