• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Unpaid child support grounds for civil suit?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

cfraser

Junior Member
What is the name of your state? Colorado

My husband has been divorced from his ex wife for eleven years. We have been the custodial parent of the child for the last two years. It took us about a year to get the modification in child support and another year has gone by with no support. She is now over $5000 in arrears. Her wages have just been garnished but has told us that she is being fired becuase of the wage garnishment.

Since the divorce, she has remarried and since lost her husband. He was quite well off and left her life insurance, assets, and security that she is not claiming. She lives a pretty high lifestyle of vacations and shopping while only claiming that she works 18 hours a week as a seamstress. CSE is trying but moving at a snails pace. They have also withheld our federal tax refund from 2005 since February which was after the court date where the custody and child support modification were filed in our favor! To date the total owed to us is over $7000.

I realize that this is close to becoming a federal case. However, putting her in jail won't help anyone. Is there grounds for a civil suit and if so, would an attorney work for a % of the money recovered?

I also feel that we have a case against CSE because we have documented proof of conflict of interest, lack of professionalism, and mishandling of this case. I have elevated this to the Director of the Colorado CSE and she is looking into it. However, if she is unsuccessful do we go to the state legislature health and human services committee or what is the next chain of command?
 


GrowUp!

Senior Member
cfraser said:
What is the name of your state? Colorado

My husband has been divorced from his ex wife for eleven years. We have been the custodial parent of the child for the last two years. It took us about a year to get the modification in child support and another year has gone by with no support. She is now over $5000 in arrears. Her wages have just been garnished but has told us that she is being fired becuase of the wage garnishment.
That is illegal. No employer will admittingly terminate someone for that reason. But your statement here is contradictory. If there is a wage garnishment in effect, then support is being "paid."

Since the divorce, she has remarried and since lost her husband. He was quite well off and left her life insurance, assets, and security that she is not claiming. She lives a pretty high lifestyle of vacations and shopping while only claiming that she works 18 hours a week as a seamstress. CSE is trying but moving at a snails pace. They have also withheld our federal tax refund from 2005 since February which was after the court date where the custody and child support modification were filed in our favor! To date the total owed to us is over $7000.

I realize that this is close to becoming a federal case. However, putting her in jail won't help anyone. Is there grounds for a civil suit and if so, would an attorney work for a % of the money recovered?

I also feel that we have a case against CSE because we have documented proof of conflict of interest, lack of professionalism, and mishandling of this case. I have elevated this to the Director of the Colorado CSE and she is looking into it. However, if she is unsuccessful do we go to the state legislature health and human services committee or what is the next chain of command?
What conflict of interest?

Lack of professionalism? Puhleeze...it's a state agency. Look at the federal level -- i.e. Hurricane Katrina.

How has the case been mishandled?

While many people are impatient because CSEA's move at snails' pace, that's just how it is. It's another state agency that moves at their OWN pace and when one goes through an agency like CSEA, they will just have to be patient.

If you are looking into discovery against the ex, then that is something that he must do on his own. Don't expect CSEA to do anything more than they have to -- or are allowed to. CSEA's are restricted as far as what they can do.
 
Last edited:

ceara19

Senior Member
cfraser said:
What is the name of your state? Colorado

My husband has been divorced from his ex wife for eleven years. We have been the custodial parent of the child for the last two years. It took us about a year to get the modification in child support and another year has gone by with no support. She is now over $5000 in arrears. Her wages have just been garnished but has told us that she is being fired becuase of the wage garnishment.
As GU pointed out, she can't be fired over a garnishment. Sounds like she's just trying to "guilt him" into removing the wage assignment so that she won't have to pay the support.

Since the divorce, she has remarried and since lost her husband. He was quite well off and left her life insurance, assets, and security that she is not claiming. She lives a pretty high lifestyle of vacations and shopping while only claiming that she works 18 hours a week as a seamstress. CSE is trying but moving at a snails pace. They have also withheld our federal tax refund from 2005 since February which was after the court date where the custody and child support modification were filed in our favor! To date the total owed to us is over $7000.
Can you PROVE that she is the OWNER of the above assets?

I realize that this is close to becoming a federal case. However, putting her in jail won't help anyone. Is there grounds for a civil suit and if so, would an attorney work for a % of the money recovered?
The child support order was issued as the result of a CIVIL suit. Any action would need to take place in the same court.

I'm not sure what you mean by "federal case". The federal government doesn't actually enforce child support orders. They assist the state by things like tax refund interception and the national registry of new hires which just helps states find out where the paying party works.

You won't find an attorney willing to take the case on contingency either. You would be going to court because mom is failing to pay child support. A lawyer knows better than to expect a non-paying parent to just hand over a check for the arrears.

Honestly, if you can't find proof of assets that could be seized to satisfy the debt, you won't be able to MAKE her pay. If she continues to refuse to pay child support, she'll go to jail.
I also feel that we have a case against CSE because we have documented proof of conflict of interest, lack of professionalism, and mishandling of this case. I have elevated this to the Director of the Colorado CSE and she is looking into it. However, if she is unsuccessful do we go to the state legislature health and human services committee or what is the next chain of command?
Good luck with that. I've already been there and done that. There's really nothing you can do about CSE as a whole. When I realized this, I went straight to the top (Attorney General and Governor) and filed complaints against individuals that worked for CSE detailing exactly what, when, where and how they blatantly attempted to take actions that were direct violations of the guidelines they are legally bound to follow. It did nothing to fix the overall problem, but it helped MY case. Instead of working with a caseworker, my case was reassigned to an actual ATTORNEY and the matter was settled much faster.

However, my main goal was not collecting child support. I never ASKED for their help. They took the case from the county and decided to pursue collecting the arrears and current support. I just wanted CSE to stay out of my case all together. They finally did, AFTER I informed them that they either drop the matter or I expected them to go by the letter of the law, no more, no less.
 

tigger22472

Senior Member
I think what she meant by 'federal' was that it becomes a felony... she may have thought it meant it somehow becomes a federal issue unless (and it's late or early, however you look at it.. can't remember the exact name) she's speaking of the Act that Clinton signed in office (again, can't think of the name). Either way it seems she is confused.
 

ceara19

Senior Member
tigger22472 said:
I think what she meant by 'federal' was that it becomes a felony... she may have thought it meant it somehow becomes a federal issue unless (and it's late or early, however you look at it.. can't remember the exact name) she's speaking of the Act that Clinton signed in office (again, can't think of the name). Either way it seems she is confused.
She seems to be confused about the entire enforcement and collection process. If mom refuses to pay, there are really only 2 possible outcomes. Either dad decides it's not worth the trouble and expense of trying to make her pay or he will keep trying and mom will end up in jail.

Federal Case Registry, Federal Offset Program, Multistate Financial Institution Data Match, National Directory of New Hires and Passport Denial Program are the main federal programs for enforcement of a child support order. They are all designed to ASSIST the state enforcement agency, not replace it.
 

tigger22472

Senior Member
ceara19 said:
She seems to be confused about the entire enforcement and collection process. If mom refuses to pay, there are really only 2 possible outcomes. Either dad decides it's not worth the trouble and expense of trying to make her pay or he will keep trying and mom will end up in jail.

Federal Case Registry, Federal Offset Program, Multistate Financial Institution Data Match, National Directory of New Hires and Passport Denial Program are the main federal programs for enforcement of a child support order. They are all designed to ASSIST the state enforcement agency, not replace it.

Right and I agree. (It's morning now) but I also suspect they were thinking of the DeadBeat Parents Punishment Act where if they are over 5,000 behind and cross state lines... but who knows...
 

ceara19

Senior Member
tigger22472 said:
Right and I agree. (It's morning now) but I also suspect they were thinking of the DeadBeat Parents Punishment Act where if they are over 5,000 behind and cross state lines... but who knows...
Now it's getting close to midnight here and I can't think straight! Something else kind of hit me the wrong way when I read the first post again. The use of "we", "us" and "I" is a bit excessive. Her husband has only had custody for the past 2 years, so mom must have had custody for the first 9. It just makes me think her motives are more of a personal nature and not necessarily "the best interests of the child". :cool:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top