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Child Support Question - Dead Beat Dad

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CaliforniaMommy

Junior Member
What is the name of your state?What is the name of your state? California

My ex husband was ordered by the court a couple of years ago to pay me child support. He paid a few times but I haven't seen anything in almost two years. He owes me about $15 k by now. Here is the situation:

He was a chiropractor in Santa Barbara for a couple of years. Then last year, he moved with his fiance to Colorado where he stayed for about 6 months. He did not work at all while in Colorado. He never went to court to report his change in income. His fiance then called of the engagement and he packed up again and moved to San Diego where he bought a Chiropractic practice where he was apparently doing well. He bought a new car, went on vacations, etc. I decided to open the case with the county District Attorney family support division to go after him for back pay and so that they could monitor him. Within a month of his being served the papers from the DA, he sold his practice (he had it for about 6 months). He told me his shoulder hurts too much to practice and so he is now moved to the LA area where he plans to get his law degree at UCLA. He does not plan to work at all and he told me he is now on food stamps. The guy is incredible... but I will refrain from personal feelings!

About me: I am a stay at home. My husband is currently supporting my daughter and me since my ex cannot seem to locate his check book. I reside in the Silicon Valley.

My questions are:

1)Would the court / DA go after him for back pay? What are my chances of getting anything at all if he is now "poor". He has not gone on record as having a change of income.
2) Would the court make him take a job considering he has three college degrees: AA in Criminal Adminstration/Justice, BA in Biology and a Doctorate in Chiropractic. He is obviously doing anything he can to not have to ever pay me. He hates me that much and greed is in his blood! By the time he graduates, my daughter will be just about 18. Works out perfect for him.
3)Shouldn't the irrresponsible jerk be in jail?
4) My daughter is supposed to spend 2 weeks at Christmas and spends half the summer there. He no longer exercises his every other weekend visitation. Due to the fact that he claims he is poor, I worry about my daughter visiting him. He always tells her he is poor so that she can feel sorry for him. If he is so poor, how can he afford a new altima and take vacations. He has always been one to hide his money. Can I keep my daughter from going there to visit since he "doesn't seem" to have the finances to support our daughter?

Thanks,
California Mommy
 
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nextwife

Senior Member
CaliforniaMommy said:
He does not plan to work at all and he told me he is now on food stamps. The guy is incredible... but I will refrain from personal feelings!

About me: I am a stay at home. My husband is currently supporting my daughter and me since my ex cannot seem to locate his check book. .
So your daughter has two biological parents, and neither of them is working to support her financial needs?
 
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CaliforniaMommy

Junior Member
When I remarried, we wanted to have a child and the decision was that I would stay home and raise the kids and my husband would support us until I am ready to return to work. He doesn't mind supporting his stepdaughter at all and loves her like his own.
 

CaliforniaMommy

Junior Member
I have some different questions due to change in circumstance (his trying to go to college fulltime and being on food stamps). Should he be in jail? Should my daughter be spending time with him even though he claims to barely be able to take care of himself? etc....
 

rmet4nzkx

Senior Member
CaliforniaMommy said:
I have some different questions due to change in circumstance (his trying to go to college fulltime and being on food stamps). Should he be in jail? Should my daughter be spending time with him even though he claims to barely be able to take care of himself? etc....
Visitation and child support are separate issues, if you interfere with his visitation he can file for contempt. Have you gone through CSE and attached or garnished any of his assets, tax returns? If he is going to law school, he wil have trouble being admitted to the bar with outstanding child support. ;)
 

CaliforniaMommy

Junior Member
What is CSE? I have opened a case with the DA Family support division in Santa Clara County but they seem to be dragging their feet. They originally told me that if he didn't pay, they could revoke his license but I haven't heard from them in over a couple of months. They are not returning my calls. I thought they would garnish the wages, etc. because they are now representing me (albeit... slowly)
 
CaliforniaMommy said:
What is CSE? I have opened a case with the DA Family support division in Santa Clara County but they seem to be dragging their feet. They originally told me that if he didn't pay, they could revoke his license but I haven't heard from them in over a couple of months. They are not returning my calls. I thought they would garnish the wages, etc. because they are now representing me (albeit... slowly)
I am in California and have had a case open with the DCSS for years. It's true that they are very slow to respond. They really don't like receiving phone calls. The DCSS has a website www.casespaymentweb.com that you can access using a PIN#, your SS# and your county. I have found that if I email them, they are much quicker to respond. Find the Santa Clara COunty DCSS website and send them an email asking for your "Participant ID#". They probably won't respond but you'll have it in the mail within a week or two. Then you can check your case status online (see what they are doing), see your balances and email them your questions.

The amount of arrears that you are owed and whether or not you have been on public assistance makes all the difference. My caseworker one told me straight up that since I'd never been on public assistance, my case wasn't a high priority. Eventually they will suspend his license, but that doesn't do anything to help collect support. (I edited to add this last paragraph.)

jm
 
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95206

Junior Member
I don't think that putting him in jail would be the answer. If he goes to jail, then you would definitely not receive anything. Right now your chances are slim.

I don't think California laws are that strict. The worst that I have seen happen is losing their driver's license. It's not like they put out a warrant for their arrest.

The court goes after all non-custodial parents (NCP) for back pay. As far as to receiving anything, he doesn't have much of an income. They might put it on reserve status until he gets a job. They can't force him to find a job. They may view it as him trying to better himself. You can stop the visitations but he may or may not fight you for it.

If he hadn't reported a change of income, yet, then you may want to ask the DA why you haven't received anything.
 

Zephyr

Senior Member
95206 said:
I don't think that putting him in jail would be the answer. If he goes to jail, then you would definitely not receive anything. Right now your chances are slim.

I don't think California laws are that strict. The worst that I have seen happen is losing their driver's license. It's not like they put out a warrant for their arrest.

The court goes after all non-custodial parents (NCP) for back pay. As far as to receiving anything, he doesn't have much of an income. They might put it on reserve status until he gets a job. They can't force him to find a job. They may view it as him trying to better himself. You can stop the visitations but he may or may not fight you for it.

If he hadn't reported a change of income, yet, then you may want to ask the DA why you haven't received anything.

NEVER EVER EVER TELL SOMEONE TO STOP VISITS WHEN THEY HAVE AN ORDER FOR VISTS!!!!! OP WOULD BE THE ONE RISKING JAIL!

AGAIN- PLEASE THINK BEFORE YOU TYPE.
 

LdiJ

Senior Member
nextwife said:
So your daughter has two biological parents, and neither of them is working to support her financial needs?
Come on.....that is a family decision. I really get tired of hearing that these days. We all know that a court will impute an income to a non-working CP...so its really irrelevant whether or not she and her husband have decided that she doesn't need/shouldn't work......nor does that excuse dad from contributing to the support of his child.
 

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