Back Support, Insurance and Visitation

[Halobear]

I'm posting this for my sister, who is in the middle of a CS mess. She divorced her ex 4 years ago, at which time it was decided that since her ex was in the military, that he would pay monthly support, as well as keep medical/dental insurance on my now 11-year-old niece. While he was still enlisted, this was not a problem as of course he always had the insurance and his wages were garnished by the military. He has since been discharged and in the meantime has remarried. He has not paid a dime of child support in 19 months. My sister has been letting my niece visit her father in spite of this, choosing to let her child make up her own mind when she gets old enough to see what's going on instead of trying to prejudice her against her father, even going so far as to let her visit more than is ordered by the court. He is now employed by the state of South Carolina in an unemployment office. Not only is he not paying support, but he has not obtained the ordered medical/dental insurance. My sister has filed for contempt, but he seems to have made a new "friend" of a deputy sherriff who is keeping the order from being served.

The insurance is badly needed for the child, as it has been determined by the school that she is learning disabled (ADD), but until she sees a specialist and has this diagnosis confirmed, her school cannot enroll her in LD/special needs
classes, and of course out of pocket expenses for that kind of specialist are astronomical. She is failing out of her classes because she can't keep up.

Also, this week we have found out that not only is he not paying his CS, but that last year he claimed her on his taxes, and now the IRS is after my sister because she claimed her as the CP. So he's not paying and he's actually gotten money BACK on her!

My main question is, is there anything she can do to get this order served since it's obvious that the police department isn't going to do anything about it? What else can she do?

 

[LdiJ]

I'm posting this for my sister, who is in the middle of a CS mess. She divorced her ex 4 years ago, at which time it was decided that since her ex was in the military, that he would pay monthly support, as well as keep medical/dental insurance on my now 11-year-old niece. While he was still enlisted, this was not a problem as of course he always had the insurance and his wages were garnished by the military. He has since been discharged and in the meantime has remarried. He has not paid a dime of child support in 19 months. My sister has been letting my niece visit her father in spite of this, choosing to let her child make up her own mind when she gets old enough to see what's going on instead of trying to prejudice her against her father, even going so far as to let her visit more than is ordered by the court. He is now employed by the state of South Carolina in an unemployment office. Not only is he not paying support, but he has not obtained the ordered medical/dental insurance. My sister has filed for contempt, but he seems to have made a new "friend" of a deputy sherriff who is keeping the order from being served.

The insurance is badly needed for the child, as it has been determined by the school that she is learning disabled (ADD), but until she sees a specialist and has this diagnosis confirmed, her school cannot enroll her in LD/special needs
classes, and of course out of pocket expenses for that kind of specialist are astronomical. She is failing out of her classes because she can't keep up.

Also, this week we have found out that not only is he not paying his CS, but that last year he claimed her on his taxes, and now the IRS is after my sister because she claimed her as the CP. So he's not paying and he's actually gotten money BACK on her!

My main question is, is there anything she can do to get this order served since it's obvious that the police department isn't going to do anything about it? What else can she do?

My best advice is that she hire an independent process server to serve the papers to him.

As far as the taxes are concerned your sister has nothing to worry about. She simply needs to provide the IRS with a copy of the orders proving that she has custody. If the orders mention anything about him getting the exemption every other year then include a copy of the contempt complaint against him for non-payment of child support. HE is the one who will be in trouble with the IRS, not her.

However this year, I recommend that she file her taxes the very day she has the documents she needs.

 

[haiku]

I'm posting this for my sister, who is in the middle of a CS mess. She divorced her ex 4 years ago, at which time it was decided that since her ex was in the military, that he would pay monthly support, as well as keep medical/dental insurance on my now 11-year-old niece. While he was still enlisted, this was not a problem as of course he always had the insurance and his wages were garnished by the military. He has since been discharged and in the meantime has remarried. He has not paid a dime of child support in 19 months. My sister has been letting my niece visit her father in spite of this, choosing to let her child make up her own mind when she gets old enough to see what's going on instead of trying to prejudice her against her father, even going so far as to let her visit more than is ordered by the court.

***She should be following the court order for visitation, or she may find herself in court for contempt. Support and visitation, are treated as seperate entities in the court. you cannot deny one as punsihment for lack of the other. your sister should be commended forputting the needs of her daughter first, and on her end that is the continued relationship with dad.****

He is now employed by the state of South Carolina in an unemployment office. Not only is he not paying support, but he has not obtained the ordered medical/dental insurance. My sister has filed for contempt, but he seems to have made a new "friend" of a deputy sherriff who is keeping the order from being served.The insurance is badly needed for the child, as it has been determined by the school that she is learning disabled (ADD), but until she sees a specialist and has this diagnosis confirmed, her school cannot enroll her in LD/special needs
classes, and of course out of pocket expenses for that kind of specialist are astronomical. She is failing out of her classes because she can't keep up.

***Has your sister looked into what south carolina offers for children of low income self employed parents for ins? until this case gets rolling in court, that might be able to help your neice get affordable medical care she needs. Also your sister should check her court order about uninsured medical costs and keep track of them to add them to her contempt petition in court.*****

Also, this week we have found out that not only is he not paying his CS, but that last year he claimed her on his taxes, and now the IRS is after my sister because she claimed her as the CP. So he's not paying and he's actually gotten money BACK on her!

***SHe needs to check her order, sometimes NCP's are granted the deduction regardles of thier payment history, if thats the case she will want that changed to, to make sure he cannot take it unless he is current. If there are no orders for him to tak ethe deduction, she will eventually get her money from the IRS and he will have ot pay antything he got for it back.****

My main question is, is there anything she can do to get this order served since it's obvious that the police department isn't going to do anything about it? What else can she do?

***Consult a lawyer***

 

[Gracie3787]

You can also ask your sister if an Income Deduction Order was issued with the CS order. If there is one, she can get a certified copy of it and give it to his employer. At least she might be able to get some support while waiting for motion to be served and a hearing.

 

[rmet4nzkx]

What state is your sister in? Has she gone through child support enforcement in that state?

 

[Halobear]

Thank You!

I appreciate the replies and will help her look into eveything that's being recommended so far...

My sister also lives in South Carolina. Her divorce/CS order was filed and finalized here, so that isn't a problem.