Child Support Contempt

[ItsMee2]

What is the name of your state? Idaho


I have primary custody of my child and her mother is almost a total of two thousand dollars in arrears of child support. I have taken her to court before for contempt on child support and we settled on a deal of less money per month for her to pay, but including $100 amount on top of that for arrears. It has been 6 months since this settlement and she has only paid $316.00 of the $1200.00 (600 in child suppoirt and 600 in the arrears) since the time of the settlement. My attorney has advised to wait atleast 6 months until filing another contempt motion because she gave birth to twins in November and the judge will take that into consideration when making his decision. He says that "it will be wiser not to make that gambit and wait the six months". When I take her to court I obviously want to be sure that it will be effective because it is expensive to go to court, but it seems ridiculous that having more kids would give her an out on a child support issue. She has no job or income for child support services to garnish from and lives off of her mother's money, so this is very frusturating. My question is: Do you think that the legal advice I have recieved is good? Why or why not? What advice can you give me? Thanks in advance!

 

[LdiJ]

What is the name of your state? Idaho


I have primary custody of my child and her mother is almost a total of two thousand dollars in arrears of child support. I have taken her to court before for contempt on child support and we settled on a deal of less money per month for her to pay, but including $100 amount on top of that for arrears. It has been 6 months since this settlement and she has only paid $316.00 of the $1200.00 (600 in child suppoirt and 600 in the arrears) since the time of the settlement. My attorney has advised to wait atleast 6 months until filing another contempt motion because she gave birth to twins in November and the judge will take that into consideration when making his decision. He says that "it will be wiser not to make that gambit and wait the six months". When I take her to court I obviously want to be sure that it will be effective because it is expensive to go to court, but it seems ridiculous that having more kids would give her an out on a child support issue. She has no job or income for child support services to garnish from and lives off of her mother's money, so this is very frusturating. My question is: Do you think that the legal advice I have recieved is good? Why or why not? What advice can you give me? Thanks in advance!

Sadly, I do think that its going to be difficult to collect from her. A judge is going to know that its almost impossible for someone to work when they have TWO newborn infants to care for...the cost of daycare for two newborns would be higher than the average person would bring home. I also think that going after her when she was pregnant with twins would have been somewhat self-defeating too.

I also think that the sympathy factor would play heavily. Its not supposed to play, but I think it would. I think it would be no different if a dad was suddenly responsible for twin newborns too...by himself...and couldn't pay his child support. Dad would have the same problem.

 

[ItsMee2]

Anyone else agree or disagree? ICCP would pay for daycare and she certainly qualifies. There are many available resources that she qualifies for. Her parents have her first born in custody, they dont have custody of her husband's child, and I have custody of my child with her. So she has two more kids that she cant take care of and theres a sympathy card to play. Reminds me of people in california having alot of kids that they cant take care of to be on welfare.

 

[BL]

You think the Court's going to Jail her for non support with new born twins ?

For the State to take them she's have to be found unfit.

You say her Parent's support her, but yet have custody of one of her kids ?

Sounds screwed up to me , but the Lawyer is giving good advise.

Maybe someday she'll get a big lump sum of money and you can collect your arrears.

In the meantime if I were you I'd plan on taking care of the children you do have without including support payments in your budget .

 

[stealth2]

While it always annoys me when parents don't support their kids, I do think on this one your lawyer is giving you some good advice. The more time you let it go - the stronger case you'll have that she's letting her support obligation slide. A sympathetic judge may well say (if you filed now) that "the infants are only 3 mos old, and Mom needs time to get back to work." When the infants are NINE mos old, a judge will be less sympathetic. It's a question of deciding how to play your hand.

 

[Gracie3787]

I agree that the way things are, the OP should wait a few months before filing, but it makes me sick.

If a MAN is supposed to be paying CS for his 1st child, gets a woman pregnant with twins, she has babies- leaves them with Daddy- Both the court and everyone on this forum would be saying:
Sorry, you should have thought about CS before you had more kids- You still have to support your 1st child, your subsequent children don't matter, they have another parent, etc.

BUT, Same situation, only it is the WOMAN who is supposed to pay CS- I don't really know what a court would do, but I do wonder about the other posters' double standards- where is the:
She chose to have more kids, She still has to support her 1st child, Her twins don't matter, the twins have another parent for support, etc????

It is very sad, and really shows how biased society, and the courts are toward Men. MEN do not get any understanding, but WOMEN get all kinds of understanding.

In my opinion A parent is a parent, male or female- it shouldn't matter- BOTH parents should support kids- not just men- simply because they can't give birth. Just venting.
Gracie

 

[topsidder]

here comes the loan wolf.

I would take her back to court NOW! And, I would stand mute while the judge ruled.

Then, I would post the Judge's decision on every website I could find, and give the case number.

This is a perfect opportunity for you as a male custodial parent to play a small role in changing the existing laws.

If you can post a "case on point" where an NCP was permitted to escape both child support payments and jail because of a "New family" it would rock the existing system. In all honesty, you have nothing to lose by taking her back to court NOW for contept and everythin to gain. The judge will not change custody just because you file a contempt charge for lack of child support.

And, if such a ruling does occur, PLEASE PLEASE post it! Another precedent setting ruling that would be!