child support felonies

[dragon_girl78]

What is the name of your state (only U.S. law)? Ohio

Facts of my child support case:
My daughter was born in 1998. But child support was not filed until 2000. Due to her faather being in the military it was established as a california child support order even though neither my daughter or I had lived there. We both lived in ohio. Later it was transferred to ohio.
he is way behind in child support. Since the order was established in 2000 he is over $30,000 behind. He has only paid a little over $1,900 since 2000. He goes to court, lies his way out of going to jail. He has had previous jail time suspended. They finally caught up with him (although I inform them where he is and provide any info they need) after 2 years. They ordered him to serve 30 days in jail...... on the weekends. He served maybe 3 weekends and didn't go back. Finally after a year, they issued a warrant for him. That warrant is now 2 years old even though he only lives one county away. He hasn't moved or anything. The sheriff simply just doesn't serve the warrant.

what can I do from here?
Child support will not send him back to court until the warrant is served. The police will not serve the warrant. I have been reading up on ohio revised code on felony non support and he clearly meets the requirements for felony offense. So how do I get this filed when nothing else is done? Who do I need to contact about it being a crime? And getting actually getting results. I am so frustrated. Any advice would be greatly appreciated. Thank you

 

[Ohiogal]

File a complaint with the county prosecutor. Expect however that he will most likely ONLY get probation.

 

[mistoffolees]

File a complaint with the county prosecutor. Expect however that he will most likely ONLY get probation.

Really? Felony child support, failure to serve his weekend prison time, previous jail time which was suspended. That's only going to get probation?

It amazes me how many states apparently don't take child support seriously.

 

[dragon_girl78]

I have been dealing with for a long time, and I realize he will probably only get probation. But I am hoping it will bring a hearing by a judge. As of right now he goes in front of a magistrate who doesn't seem to care. My other child's case goes in front of a judge and it seems to get more done. There is actually an attempt made on the judge's behalf. Each time in front of the magistrate it is almost if they are on his side instead of my daughter's. The county that her cs case was in originally got changed for that reason. The cs worker wouldn't do anything for her. Each time I talked to her all she would do is talk about what a good person my daughter's dad was (he went to school with caseworker's son). I ended contacting cs at the state level to have it resolved.

I am not afraid to go through the channels. I know it will probably take several attempts and a lot of persistence but I am determined to get my daughter what she deserves. I just don't know what the channels are to follow. Some say go to police to enforce warrant. Some say go to the prosecuter. I have even heard to go to ohio atterney general and to write the congressman. Maybe I should contact them all. And I hoping to save enough money to hire an attorney to help me through all of this.

I also have copies of all court hearings as they are public record. I have my copies of everything I have been sent over the years. And a copy from cs stating the court ordered amount, exact dates and amounts paid for the few payments he did make, plus how much is arrearage is owed, along with totals owed. I also printed out copies of the ohio revised codes that apply. Is there anything I am missing?

 

[Proserpina]

I have been dealing with for a long time, and I realize he will probably only get probation. But I am hoping it will bring a hearing by a judge. As of right now he goes in front of a magistrate who doesn't seem to care. My other child's case goes in front of a judge and it seems to get more done. There is actually an attempt made on the judge's behalf. Each time in front of the magistrate it is almost if they are on his side instead of my daughter's. The county that her cs case was in originally got changed for that reason. The cs worker wouldn't do anything for her. Each time I talked to her all she would do is talk about what a good person my daughter's dad was (he went to school with caseworker's son). I ended contacting cs at the state level to have it resolved.

I am not afraid to go through the channels. I know it will probably take several attempts and a lot of persistence but I am determined to get my daughter what she deserves. I just don't know what the channels are to follow. Some say go to police to enforce warrant. Some say go to the prosecuter. I have even heard to go to ohio atterney general and to write the congressman. Maybe I should contact them all. And I hoping to save enough money to hire an attorney to help me through all of this.

I also have copies of all court hearings as they are public record. I have my copies of everything I have been sent over the years. And a copy from cs stating the court ordered amount, exact dates and amounts paid for the few payments he did make, plus how much is arrearage is owed, along with totals owed. I also printed out copies of the ohio revised codes that apply. Is there anything I am missing?

I truly understand your frustration, OP.

But you may have to face the possibility that you're never going to see a dime from your ex.

Some people will go to any extreme to avoid paying child support.

 

[Banned_Princess]

Jail on the weekends... rich

ha ha.

 

[mistoffolees]

Jail on the weekends... rich

ha ha.

Well, there IS a reason for it. It's hard for him to earn money to pay his debt if he's locked up during the week. At least if he's jailed on weekends, there's a chance for CP to get paid.

However, the bigger problem is that not enough is done to collect that money.

 

[Banned_Princess]

I have never heard a case (besides celebrity) that someone is ordered to do 30 days, and allowed to do so only on the weekends.

I know thats a catch 22 in cs cases, but letting a person out after a taste of jail is simply asking for this exact problem. (he wont finish his time and flees the area, AND avoids paying any CS.)

not saying a judge cant do it, just saying it cant be all that common.

 

[Alex1176]

I know it will probably take several attempts and a lot of persistence but I am determined to get my daughter what she deserves.

Your daughter deserves to have her father in jail?
Because, you know, you can not get blood from a stone.

 

[OHRoadwarrior]

If you do not owe part to the state, in OH, they don't usually pursue it vigorously, from my experience. I suggest you try one of those collection companies if he is collectable. They will do it for a percentage.

 

[Proserpina]

If you do not owe part to the state, in OH, they don't usually pursue it vigorously, from my experience. I suggest you try one of those collection companies if he is collectable. They will do it for a percentage.

HUGE downfall to that.

Huge.

 

[Ohiogal]

If you do not owe part to the state, in OH, they don't usually pursue it vigorously, from my experience. I suggest you try one of those collection companies if he is collectable. They will do it for a percentage.

Actually that is the ONE THING SHE SHOULD NEVER DO. Would you like to guess why?

Hint: Child support is not dischargeable. Debts in collection are dischargeable in bankruptcy.

 

[OHRoadwarrior]

I agree they will charge a significant percentage is a risk, however, OP seems to want money now, not when dad gets his tax returns.

 

[TheGeekess]

I agree they will charge a significant percentage is a risk, however, OP seems to want money now, not when dad gets his tax returns.

You don't understand.

IF OP does what you suggest and the NCP files for bankruptcy, she is liable to end up with NOTHING. You turn your CS case over to one of the private agencies and it becomes a DEBT dischargable in bankruptcy. Do you understand what that means?

 

[mistoffolees]

I agree they will charge a significant percentage is a risk, however, OP seems to want money now, not when dad gets his tax returns.

That's not the real risk. That part can be calculated and OP can easily say "do I want to accept 60 or 70% with a greater probability of success or hold out for 100% with less probability of success". The answer to that depends on circumstances.

The problem is that if NCP declares bankruptcy, the debt is entirely wiped out - and OP would receive zero if going through a collection agency - vs still having a valid debt if OP did not use the collection agency.

I would use a collection agency for CS ONLY IF NCP had substantial assets and reasonable finances and was therefore unlikely to file bankruptcy and if all other resources had been exhausted.

But if NCP is that stable, it should be possible to get CS from them through normal means - even using an attorney would probably be less expensive than a collection agency, but without the risk.