Child Support contempt questions

[torimac]

jurisdiction questions

As stated, my order is from California. I have sent copies of the order to the local Texas office, but not officially moved anything here. My ex lives in Nevada.

My ex is one of those determined not to pay. Now that the court case in California is done, payments have stopped.
As the order is out of CA, can Texas really do anything to enforce it?

 

[MommaBearX3]

If neither of you reside in California, you should be able to have the case moved. He can try to block it, but should be unsuccessful if he is not a resident of the state of California.

 

[torimac]

trouble moving order

After the wage garnishment was in place, my ex switched jobs. So, he paid for a few months and is back to not paying.

I have been trying to get the order moved to Texas. For some reason, I can't get California to send the order to Texas. I call them, they say the will. I wait a few weeks, verify with Texas and they have no orders. I talk to CA again, and they once again say they will send the orders. Texas can do nothing without orders. How do I get this moved?

 

[TinkerBelleLuvr]

Are you only using CSE to help move it? Sounds like you need an attorney in Texas to help move it along.

 

[torimac]

Update: enforcement and review court date

I received a hearing notice from Nevada Child Support Division for a enforcement and review of child support. It appears that they attempted to take away my ex's drivers license when the arrears reached 50k; my ex argued it and so it goes to court.

After talking to the child support rep, I found out that they did not know about the first hearing at all. So I am gathering all of the documents from that trial, the current payment history and mailing it off to Nevada.

I will have to appear telephonically-the phone is being installed next week as Nevada requires a land line. This should be interesting. I am trying to determine how my ex can argue being out of work for 6 years when the resume submitted to court shows a degree, multiple certifications and 15 years experience in the computer field. We do not communicate as ever attempt results in an acidic, hurtful response from the ex, so I am not sure of the current employment status. I get about $50 every six months; my thought is that the ex thinks if some payment is made every so often, it will keep the courts away; it was mentioned in a previous email.

Does anyone have any experience with Nevada, specifically Churchill county, courts? After 6 years of non-payment (except for when on unemployment) and $60k in arrears, will they actually do anything?

 

[EnforceSupport]

Earlier in this thread, you said that your ex is a 1099 independent contractor. How does he find his jobs? If there is one or just a few sources from which he finds the jobs, such as union halls, or, a particular general contractor, that's where attention should be focused - i.e. an order requiring that 3rd party to disclose any job referrals for ex - thus, after notice, you can have a wage assignment served. As it stands, the problem is that you're always playing catch up and following paper trails, you need to get ahead of the train.

 

[torimac]

I am not sure how he finds his jobs. We are not on speaking terms and prior to our divorce and the child support order, he never worked 1099. During the last trial, he stated he had signed with two companies that regularly hires 1099 computer techs for work. Since then he has quit those two companies, moved to another one and quit that one.

He will never voluntarily pay child support. The courts will have to provide the incentive, which is why the child support division was attempting to revoke his driver's license. Yes, he can't work without it, but while working he certainly is not paying child support. I actually received more child support during the six months he was on unemployment than during the six years he was working. So trying to stay ahead of his employment is nearly impossible; he will just switch companies again.

 

[BL]

I am not sure how he finds his jobs. We are not on speaking terms and prior to our divorce and the child support order, he never worked 1099. During the last trial, he stated he had signed with two companies that regularly hires 1099 computer techs for work. Since then he has quit those two companies, moved to another one and quit that one.

He will never voluntarily pay child support. The courts will have to provide the incentive, which is why the child support division was attempting to revoke his driver's license. Yes, he can't work without it, but while working he certainly is not paying child support. I actually received more child support during the six months he was on unemployment than during the six years he was working. So trying to stay ahead of his employment is nearly impossible; he will just switch companies again.

Well I can't see how they can not suspend a DL as part of enforcement .

My state's CSE does it all the time and it doesn't take a big amount in arrears either.

BTW ,it's suspend ..

 

[EnforceSupport]

I am not sure how he finds his jobs. We are not on speaking terms and prior to our divorce and the child support order, he never worked 1099. During the last trial, he stated he had signed with two companies that regularly hires 1099 computer techs for work. Since then he has quit those two companies, moved to another one and quit that one.

He will never voluntarily pay child support. The courts will have to provide the incentive, which is why the child support division was attempting to revoke his driver's license. Yes, he can't work without it, but while working he certainly is not paying child support. I actually received more child support during the six months he was on unemployment than during the six years he was working. So trying to stay ahead of his employment is nearly impossible; he will just switch companies again.

Another option is to file an RFO wherein you request that your ex provide specific notice to you (or DCSS) as to discussion and agreements re employment. For example, within 24 hours, provide x,y,z as to any discussions regarding possible employment and a,b,c (correspondence, contracts, e-mails, etc.) as to the offering and acceptance of any job. It must be very specific.

The point here is that if he is ordered to comply with such notice requirements, and he doesn't comply, and you can prove that he did in fact secure work, you can bring a contempt. And, this type of contempt will be much easier to prevail upon than an ordinary contempt based on failure to pay. (And, btw, I assume you are well beyond the three year statute of limitations on a contempt for non-payment, but, if you get the type of order I'm suggestion, you'll have a new statute of limitations (probably two years), as to his failure to comply with the notice requirements. If you do get such an order, and, he does, in fact, comply, then you (or DCSS) can serve the IWO on the new principal who is retaining his services as an independent contractor. Hope that makes sense.

 

[torimac]

Thanks for the advice, ES. I will have to look into that. I know that you can garnish contract wages, it's just keeping up with the changes that makes it difficult.

 

[torimac]

My rights during hearing

I know quite a bit about CA child support and am learning TX, but I know very little about NV. Currently, CA has jurisdiction. My ex lives in NV, I live in TX. Can a judge in NV change the child support amount? Do they have that ability as CA currently has jurisdiction?

Here's the situation. I have requested three times in the past a review so the daycare fees could be dropped. Each time, my ex has either not filled out the paperwork or not shown up to court, so the review did not occur. So, I think it only fair that the daycare amount (which is a separate order) to be dropped.

However, my ex continues to work as a 1099 for part time work and refuses to earn anywhere close to the amount he was earning before the divorce; his yearly earnings has been cut in half. So, I do not think it is fair if the main amount of child support be modified as it was based upon his last salary.

Can the judge drop the daycare order if both my ex and I agree? Does the judge have the ability to alter the original child support amount if I do not agree?

 

[torimac]

custody question

A couple times a year I send an update to my ex, stating how our child is doing, what interests she has, what hobbies she is following, along with a picture. I usually regret it because it begins the conversation about how evil I am and what my ex feels is illegal activity, such as moving and filing for restraining orders.
Early in our procedings, my ex filed to domesticate our child support and custody order from the divorce procedings in Nevada, where my ex lives. Not understanding what the process was and having no money to travel to NV, I did not attend court regarding this. The ex now says that all hearings for custody and child support will be held in NV, regardless of where I live, the ex lives or where our divorce occurred.
Is this a case of "don't listen to your ex"? If the ex does file anything in NV regarding custody or visitation, it is my understanding that I should just respond with a request for dismissal due to the fact that the child lives in TX and NV should not have jurisdiction.

 

[LdiJ]

A couple times a year I send an update to my ex, stating how our child is doing, what interests she has, what hobbies she is following, along with a picture. I usually regret it because it begins the conversation about how evil I am and what my ex feels is illegal activity, such as moving and filing for restraining orders.
Early in our procedings, my ex filed to domesticate our child support and custody order from the divorce procedings in Nevada, where my ex lives. Not understanding what the process was and having no money to travel to NV, I did not attend court regarding this. The ex now says that all hearings for custody and child support will be held in NV, regardless of where I live, the ex lives or where our divorce occurred.
Is this a case of "don't listen to your ex"? If the ex does file anything in NV regarding custody or visitation, it is my understanding that I should just respond with a request for dismissal due to the fact that the child lives in TX and NV should not have jurisdiction.

Correct, this is a case where you should not listen to your ex.

 

[Zigner]

Correct, this is a case where you should not listen to your ex.

It's entirely possible that this case WAS transferred to NV if the OP failed to challenge it. This is something the OP needs to explore in order to figure out what the court hearings that she ignored actually accomplished.

 

[TinkerBelleLuvr]

If the X did domesticate it to Nevada but neither party lives there, the OP is free to file the motion to domesticate the order back to her state. Nevada has no standing to reject the request if neither party lives in Nevada.