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  #1  
Old 08-31-2007, 12:50 PM
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DEADBEAT MOM ALERT! Help father with kids, Please...Need advice!

What is the name of your state? NV
I filed my divorce approximately 4 years ago. I have had custody of my kids for over 8 years now. When I filed my X wife signed an agreement(forgot the correct term). She was suppose to pay child support for 2 of the kids for the past 4 years. She has not paid a single penny since then. She has not visited her kids for about 5 years and she just remarried and from what I hear she is buying a house.
I have remarried also and my wife now has been a REAL mother to them for over 8 years.
I have heard from a friend that I should wait till it goes over $25,000 before I do anything so when she gets a letter it will say along the lines that if she doesn't pay she will be going to jail. I thank god that my wife is a very loving person and treats them like her own. I have the 3 from my ex(one is an adult) and have 2 with my recent wife. So we have a total of 5 with us now. We have continuously struggle supporting our kids and I really think it is not fair to my wife now.
I really need advice on what to do. My attorney that has did my divorce told me that this is a slam duck and I can do it on my own. I need to know step by step on what to do so I can take a load off of me and my wife. Thank you in advance.
  #2  
Old 08-31-2007, 12:53 PM
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Is it a court order for support?

If so, contact the office of Child Support Enforcement for your state and enlist their assistance in pursuing support from your ex.
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  #3  
Old 08-31-2007, 12:58 PM
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I don't think it is a court order. Just because I did not go to the child support for this. My attorney did an agreement where it says how much and so forth. She did sign that. I know that there is a term for this child support agreement. I believe its called a "creed"
  #4  
Old 08-31-2007, 01:02 PM
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Quote:
Originally Posted by joeynhia View Post
I don't think it is a court order. Just because I did not go to the child support for this. My attorney did an agreement where it says how much and so forth. She did sign that. I know that there is a term for this child support agreement. I believe its called a "creed"
Is it signed by a judge? Was it included in the divorce decree? Does it have a stamp on it that says FILED and has a date?
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Warning: I am not an attorney. I do not play one on TV.
While this site is helpful, it's ALWAYS best to consult LOCAL legal counsel if you want specific answers to specific questions.

Though no one can go back and make a brand new start, anyone can start from now and make a brand new ending.
~ Carl Bard
  #5  
Old 08-31-2007, 01:03 PM
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Is your ex employed? If not, how can she pay? And, I say that because she won't go to jail if she can't pay due to unemployment.

(This from a guy with an ex-wife who owes him over $100,000 in child support ARREARS)
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Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

It is not LAW.

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  #6  
Old 08-31-2007, 01:06 PM
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I would think it would be signed by a judge. I brought it to an attorney....So I would think it would be mandatory for it to be signed.
This is what happened:

1. went to an attorney.
2. sent the papers to wife.
3. wife signed papers and got it notarized.
4. attorney said that she had to go to court.
5. waited approximately 2 weeks and *poof* Divorced!
  #7  
Old 08-31-2007, 01:08 PM
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Quote:
Originally Posted by Zigner View Post
Is your ex employed? If not, how can she pay? And, I say that because she won't go to jail if she can't pay due to unemployment.

(This from a guy with an ex-wife who owes him over $100,000 in child support ARREARS)
oh my!
She is employed. But now im thinking if I go after her(she is in california) then she will probably quit her job of 10 years
  #8  
Old 08-31-2007, 01:08 PM
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Quote:
Originally Posted by joeynhia View Post
I would think it would be signed by a judge. I brought it to an attorney....So I would think it would be mandatory for it to be signed.
This is what happened:

1. went to an attorney.
2. sent the papers to wife.
3. wife signed papers and got it notarized.
4. attorney said that she had to go to court.
5. waited approximately 2 weeks and *poof* Divorced!
1. Go get your divorce paperwork.
2. Read it.
3. Look for a segment that discusses child support.
4. Look for a judge's signature, a court stamp, something that indicates it is now a court order.
5. Come back and tell facts.
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  #9  
Old 09-06-2007, 06:01 PM
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I just spoke with the attorney that did my divorce and she told me that everything she does is signed by the judge. Sorry for the delay
  #10  
Old 09-06-2007, 06:30 PM
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then go to the child support enforcement office with your papers and open a case. they will pursue it.
and they will still put them in jail for not paying support even if they don't work. my friend's bf was unemployed for a while and got behind and they took his license and put him in jail
  #11  
Old 09-06-2007, 06:55 PM
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Quote:
Originally Posted by milspecgirl View Post
then go to the child support enforcement office with your papers and open a case. they will pursue it.
and they will still put them in jail for not paying support even if they don't work. my friend's bf was unemployed for a while and got behind and they took his license and put him in jail
If the person doesn't have the ability to pay, then they won't necessarily be put in jail. They only jail you for WILLFUL failure to pay.
Your statement was overly broad based on a single experience you know of second-hand. Please don't make absolute statements based on anecdotal information.
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I am not an attorney. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

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Chuckle of the day:
Quote:
Originally Posted by grndslm View Post
Right. That is a statute... just as I'd presumed.

It is not LAW.

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #12  
Old 09-06-2007, 07:26 PM
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well, you made an absolute statement which i responded too. it's not second hand- i sat in the courtroom when he was sentenced. of course they put ppl in jail for not paying. not having a job can be considered willfully not paying. otherwise, a lot of ppl required to pay cs would just stop working and not worry about any reprecussions cause they are unemployed. my hubby's ex is unemployed and in a week and a half he is filing contempt where she will probably be put in jail. a judge doesn't really care if it is willful- you don't pay, you can go to jail. some judges will give more chances if you show you are trying to find a job, but not all and that is first hand experience
  #13  
Old 09-06-2007, 07:28 PM
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" And, I say that because she won't go to jail if she can't pay due to unemployment."

seems that was an absolute stmt that was based on your experience and is not the same in every case
  #14  
Old 09-06-2007, 07:32 PM
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Quote:
Originally Posted by Zigner View Post
If the person doesn't have the ability to pay, then they won't necessarily be put in jail. They only jail you for WILLFUL failure to pay.
Your statement was overly broad based on a single experience you know of second-hand. Please don't make absolute statements based on anecdotal information.
If someone is willfully unemployed and doesn't pay their support they very well may end up in jail.

The OP stated his ex has had the same job for ten years, if she were to quit her job to avoid paying support, eventually she would be jailed.
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  #15  
Old 09-06-2007, 07:38 PM
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Quote:
Originally Posted by milspecgirl View Post
" And, I say that because she won't go to jail if she can't pay due to unemployment."

seems that was an absolute stmt that was based on your experience and is not the same in every case
How's about this: if unemployment is through no fault of obligor's own, obligor will NOT be punished for it by going to jail. Yes it is not the same for every case but even judges realize you can't get blood from a turnip.
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Parents should remember three things: Love your kids more than you hate your ex (or soon to be ex) & when you have children the relationship with the other parent is until death parts you & how you treat your children determines what type of nursing home you end up in.


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