How should I approach this.........

[spurt68]

What is the name of your state? TN

I have a CS case on file with the state ofc.......non AFDC. It has gone to court for non support at least once a yr since the divorce in 2000. In 2003, he was sentenced to and served 30 days. July 2004 it went to court again for contempt/non support. He didn't show. No warrant was filed. I was told after waiting for hours that he had supposedly never been served, but that there was a note in the file stating his attorney had called the day before it was to go to court and asked that it be post-poned due to her client being "out of state". So obviously, he was aware he needed to be there. Since July, absolutely nothing has been done. I have called about every 6 weeks to check on the status, but have been repeatedly told that it is on the desk of the State's Attorney. What, if anything, can I do? What is the best way to approach this? Will filing a complaint with the state generate more negative repercussions? Thanks in advance.

 

[AnswerMeNOW]

What exactly do you expect them to do? Since he's out-of-state, it's a little more difficult than someone in-state.

 

[spurt68]

He isn't out of state. That was an excuse his attorney gave and that was also 8 months ago. He is living about 5 miles from me, in the same town, same county the CS order is filed in. I would expect them to have at least done something with it by now.


Also.............why should in state or out of state even be an issue? Since when is leaving the state a valid reason for avoiding court and not paying child support? It certainly isn't as though he has only missed a payment or two............more like 3 years (aggregate).

 

[VeronicaGia]

He isn't out of state. That was an excuse his attorney gave and that was also 8 months ago. He is living about 5 miles from me, in the same town, same county the CS order is filed in. I would expect them to have at least done something with it by now.


Also.............why should in state or out of state even be an issue? Since when is leaving the state a valid reason for avoiding court and not paying child support? It certainly isn't as though he has only missed a payment or two............more like 3 years (aggregate).

It sounds like a due process issue. He was not given enough time prior to the court date to attend, and can likely prove it by his attorney only knowing about the court date one day before court. If he only received one day notice AND was out of town, there are two very good reasons to postpone.

He has the right to be informed under the laws of your state as to any pending court dates.

Refile or hire an attorney to refile for you.

 

[Phnx02]

What is the name of your state? TN

I have a CS case on file with the state ofc.......non AFDC. It has gone to court for non support at least once a yr since the divorce in 2000. In 2003, he was sentenced to and served 30 days. July 2004 it went to court again for contempt/non support. He didn't show. No warrant was filed. I was told after waiting for hours that he had supposedly never been served, but that there was a note in the file stating his attorney had called the day before it was to go to court and asked that it be post-poned due to her client being "out of state". So obviously, he was aware he needed to be there. Since July, absolutely nothing has been done. I have called about every 6 weeks to check on the status, but have been repeatedly told that it is on the desk of the State's Attorney. What, if anything, can I do? What is the best way to approach this? Will filing a complaint with the state generate more negative repercussions? Thanks in advance.

You need to keep the ball rolling thru the AG office. As anyone knows, they are unindated with cases every day and since they're a government agency, their work pace is snail slow. It's like waiting for your number to come up again. They filed something, a hearing date was set, and a continuance was granted. Your file went back to the bottom of the pile. They'll get around to it again when they can, or maybe they'll jump if his attorney files something. Until then, you're back where you started.

What you need to do is make a friend at the AG office. Every single time you call them, make a note of who you talked to, the date & time, and what was said. Generally, the people who answer the phones are minimum-paid customer service "gatekeepers" who will simply bring up your case on the computer screen in front of them and just read off what's in front of them. They are instructed to keep each call to under 3-4 minutes, and are under no obligation to delve into your problem further in attempt to resolve it. It is the employees "higher up the totem pole" who don't answer the phones - who actually work on your case and are who you need to talk to.

Next time you call, be very, very nice and professional and try to gain a sympathetic ear. Briefly recap the situation and how nothing is proceeding, and ask to speak to a supervisor. They may try to tell you no one is available or drop you in a voice mail. Get the name of the person who belongs to that voice mail. Once you have a supervisor's name, you are that much closer to getting them on the line. Next time you call, ask for that person specifically, and tell the "gatekeeper" that you are returning his/her call. You should be put thru immeidately without question. You may get voice mail again, but the important thing is you are getting past the gatekeeper and to the back part of the office where there's someone who can actually give you real answers. With a supervisor's name, sooner or later you will get one of these people on the phone, and then BINGO! This is the person who can move things along. Plead your case and ask for personal results. Ask this person to work for you....for urgent help.....it's his/her job anyways, and if can get on a more friendly, personal level with them, then they're that much more willing to move your case back to the top of the pile! It's all a game.

 

[spurt68]

Thank you

I have tried most of what you suggest to no avail. I called again yesterday and was told the same thing again with only one change......the file is now on the AG's desk rather than his credenza, but with the same note that has been on it since July 04. I am to the point of just giving up. It seems the only one frustrated by this process is me (I am sure my ex loses no sleep over it) and the only ones not benefiting are my children.

Thanks again.

 

[I AM ALWAYS LIABLE]

I have tried most of what you suggest to no avail. I called again yesterday and was told the same thing again with only one change......the file is now on the AG's desk rather than his credenza, but with the same note that has been on it since July 04. I am to the point of just giving up. It seems the only one frustrated by this process is me (I am sure my ex loses no sleep over it) and the only ones not benefiting are my children.

Thanks again.

My response:

This is what happens when you don't have enough education to make enough money to hire an attorney on your own. Everything that your parents told you about getting a good education is now coming back to haunt you.

And, because of your poor income, your children are suffering because you have to rely on "others" to do the work, and to rely on "free" services of the AG's office. Well, guess what? So is everyone other uneducated mother with children - - and there are thousands and thousands of them.

Go to your local Barnes & Noble book store, and get a step-by-step book on the subject. Then, do this yourself since he lives only 5 miles away. No one cares about you and your situation more than you do. Help yourself.

IAAL

 

[spurt68]

I have read advice given by you before and I must assume from your extremely rude response in this case that it is just me that rubbed you the wrong way today.

You have absolutely NO idea what level of education I have attained.
You have NO knowledge as to the status of my parents or my upbringing. You have NO clue as to what my income is (or isn't as you seem to infer).
You have NO idea why my CS case is handled thru the AG's ofc.

and

You have NO business offering insults where they are not warranted.

I hope you have a really nice day.

 

[I AM ALWAYS LIABLE]

I have read advice given by you before and I must assume from your extremely rude response in this case that it is just me that rubbed you the wrong way today.

MY RESPONSE: Yes, next time, use KY-Jelly. And, it's up, down, up down, up dowwwwwwwn, uppppppppppppp dowwwwwwwwn, yeahhhhhhh, up downnnnnnnnn, up ...... uhggggggggg!



You have absolutely NO idea what level of education I have attained.

MY RESPONSE: Any time someone uses State services, it's because they're too poor to pay for the services. Being poor can be a direct result of a poor education, and a poor education usually relates to low income, which directly relates to an inability to pay for the services you need. When you use taxpayer-supported services, you'll find you'll be waiting in line with all the other poor, dregs, of society. And that, my dear, impacts your children. You know, those are the little people that you couldn't afford to have in the first place.



You have NO knowledge as to the status of my parents or my upbringing.

MY RESPONSE: I don't need to know their "current status". All I can glean from the original question is that your upbringing should have been better. Because if it was, you wouldn't have a need for State run services.




You have NO clue as to what my income is (or isn't as you seem to infer).

MY RESPONSE: Sure, I have a clue. You're not a millionaire. You're an average-income shmuck who lives from paycheck to paycheck. You have really nothing going for you in this life, except perhaps your children, and you don't have two nickels to rub together.



You have NO idea why my CS case is handled thru the AG's ofc.

MY RESPONSE: Sure I do! I do this all the time, everyday in my practice. He's the typical ner-do-well father, and you can't afford to be without his money. You didn't plan your life very well, and depended on men all your adult life.


You have NO business offering insults where they are not warranted.

MY RESPONSE: Sure I do. Snap out of it! You're poor. That's your reality!



I hope you have a really nice day.

MY RESPONSE: Thank you. I will.


IAAL

 

[spurt68]

My response......................you are truly an *******.

 

[I AM ALWAYS LIABLE]

My response......................you are truly an *******.

My response:

Thank you for noticing. And the best part? I really don't try that hard!

IAAL

 

[Phnx02]

I have read advice given by you before and I must assume from your extremely rude response in this case that it is just me that rubbed you the wrong way today.

MY RESPONSE: Yes, next time, use KY-Jelly. And, it's up, down, up down, up dowwwwwwwn, uppppppppppppp dowwwwwwwwn, yeahhhhhhh, up downnnnnnnnn, up ...... uhggggggggg!



You have absolutely NO idea what level of education I have attained.

MY RESPONSE: Any time someone uses State services, it's because they're too poor to pay for the services. Being poor can be a direct result of a poor education, and a poor education usually relates to low income, which directly relates to an inability to pay for the services you need. When you use taxpayer-supported services, you'll find you'll be waiting in line with all the other poor, dregs, of society. And that, my dear, impacts your children. You know, those are the little people that you couldn't afford to have in the first place.



You have NO knowledge as to the status of my parents or my upbringing.

MY RESPONSE: I don't need to know their "current status". All I can glean from the original question is that your upbringing should have been better. Because if it was, you wouldn't have a need for State run services.




You have NO clue as to what my income is (or isn't as you seem to infer).

MY RESPONSE: Sure, I have a clue. You're not a millionaire. You're an average-income shmuck who lives from paycheck to paycheck. You have really nothing going for you in this life, except perhaps your children, and you don't have two nickels to rub together.



You have NO idea why my CS case is handled thru the AG's ofc.

MY RESPONSE: Sure I do! I do this all the time, everyday in my practice. He's the typical ner-do-well father, and you can't afford to be without his money. You didn't plan your life very well, and depended on men all your adult life.


You have NO business offering insults where they are not warranted.

MY RESPONSE: Sure I do. Snap out of it! You're poor. That's your reality!



I hope you have a really nice day.

MY RESPONSE: Thank you. I will.


IAAL

Unbelievable. I am Always Liable has "a practice" which I'm assuming is family law since he/she makes it a hobby of frequently replying on this board....but then gets personal gratification by criticizing others?!!? You are completely unprofessional. You say that most people are "average-income shmucks who live from paycheck to paycheck" and because of a lack of higher education, "cannot afford an attorney" to help resolve their legal issues? You are the shmuck for categorizing people this way and are practicing the wrong kind of law becasue of it! The average American income for a family of 4 is around $42K. This is reality. If you only consider "millionaire clients" as "worthwhile" so you can charge exhorbiant fees, then you should have gone into corporate law. Sue Phillips-Morris for legally killing off half the population for smoking their cigarettes!

You do not know every single person's situation as to why they may have to resort to using state services. A person may be very well educated with all kinds of degrees and work experiences, but for one reason or another, have fallen on bad times. A person may have had a heart attack, fatal illness, or bad accident that left them disabled. Maybe they lost all their investment when the stock market crashed. They may have had lots of money at one time, or just lived comfortably, but becasue of circumstances out of their control, find themselves in a less fortunate situation. Not everyone has a wealthy family to bail them out. Not to mention that raising and supporting children can be very expensive.....often times a CP can provide okay, if not just mediocre.....with the help of child support, but if CS payments cease or are never paid to begin with, then the children suffer the consequences.

It is a moral, financial, & legal duty of BOTH parents to provide adequate support for their offspring. One should not be shunned or denied governmental assistance in acheiving this right for their children, just because he/she is financially unable to pay exhorbiant attorney fees in order to get it. It is for this very reason that each state across America offers these services thru an AG office! While their pace may be slow, Thank God there's an agency that offers this service.