for_my_child
Junior Member
What is the name of your state (only U.S. law)? Michigan
I obtained a court order for child support in 2002 that ordered the NCP to pay approximately $220 per week for our child. In 2005, after I hadn't collected any money and the courts constantly told me there was nothing they could do. I hired a child support collection agency to try to collect the money for me. They were successful and for 2 years they kept 33% of the child support collected. I am no longer under contract by them as the local courts have been handling the enforcement of the court order. The CS collection agency never obtained a judgment against the NCP, they only helped to enforce that CS payments were made.
In 2009 the NCP filed to have the court order modified and the MONTHLY support he is ordered to pay is now $117.50, which is based on NCP having the child for 3 nights per YEAR. Approximately $32 of the monthly payment is for the $15k in arrears. If the NCP continues to pay child support at that rate, the child might see all of it by the time child turns 35. The NCPs funds are taken from either wages or unemployment check each month, provided there is a check to take it from. SO NCP is paying, but refuses to pay anymore and the $25 per week that I get barely feeds our child.
NCP lives in low-income housing illegally with current partner, their child, and the current partners 3 children. Another CS order exists for their child, even though NCP is in the home. NCP has lied to the courts and the judge refuses to look at any evidence I have proving this.
Child support payments will continue for about 7 years, and if all payments are made as ordered, $12.5k will still be owed when child turns 18. One year I received either part of all of NCPs income tax return. So now my list of questions:
Is there any benefit to filing for a judgment after the child turns 18 vs. doing it now? Would obtaining a judgment now stop me from being able to obtain a judgment for any future arrearages? As of right now the NCP has no real property or assets, maybe a vehicle and a few pistols/handguns. The only money I can probably ever hope to collect would come out of wages, tax refunds, or if NCP bought assets or property in the future (highly unlikely, though NCP has talked about doing it for years now...maybe when pigs fly?)
I know the CS cannot be discharged in bankruptcy, but I have read mixed answers about the judgment being discharged? Once it becomes a judgment, is it no longer considered child support arrearages, and hence, can be discharged then? I have also read that as long as the collection agency is NOT the one to obtain the judgment I should be ok. Can anyone give their advice on how using a collection agency in previous years might affect me?
As it is now, the child support arrearages are part of the court order. Is this enough to place liens on personal property or use other collection methods?
The tax refund I received as payment for back child support came as a surprise that year. I assumed it was automatic when a person has unpaid child support. Is this true, or do I need to file something each year to try to intercept it?
Thank you for any help you can give me.
I obtained a court order for child support in 2002 that ordered the NCP to pay approximately $220 per week for our child. In 2005, after I hadn't collected any money and the courts constantly told me there was nothing they could do. I hired a child support collection agency to try to collect the money for me. They were successful and for 2 years they kept 33% of the child support collected. I am no longer under contract by them as the local courts have been handling the enforcement of the court order. The CS collection agency never obtained a judgment against the NCP, they only helped to enforce that CS payments were made.
In 2009 the NCP filed to have the court order modified and the MONTHLY support he is ordered to pay is now $117.50, which is based on NCP having the child for 3 nights per YEAR. Approximately $32 of the monthly payment is for the $15k in arrears. If the NCP continues to pay child support at that rate, the child might see all of it by the time child turns 35. The NCPs funds are taken from either wages or unemployment check each month, provided there is a check to take it from. SO NCP is paying, but refuses to pay anymore and the $25 per week that I get barely feeds our child.
NCP lives in low-income housing illegally with current partner, their child, and the current partners 3 children. Another CS order exists for their child, even though NCP is in the home. NCP has lied to the courts and the judge refuses to look at any evidence I have proving this.
Child support payments will continue for about 7 years, and if all payments are made as ordered, $12.5k will still be owed when child turns 18. One year I received either part of all of NCPs income tax return. So now my list of questions:
Is there any benefit to filing for a judgment after the child turns 18 vs. doing it now? Would obtaining a judgment now stop me from being able to obtain a judgment for any future arrearages? As of right now the NCP has no real property or assets, maybe a vehicle and a few pistols/handguns. The only money I can probably ever hope to collect would come out of wages, tax refunds, or if NCP bought assets or property in the future (highly unlikely, though NCP has talked about doing it for years now...maybe when pigs fly?)
I know the CS cannot be discharged in bankruptcy, but I have read mixed answers about the judgment being discharged? Once it becomes a judgment, is it no longer considered child support arrearages, and hence, can be discharged then? I have also read that as long as the collection agency is NOT the one to obtain the judgment I should be ok. Can anyone give their advice on how using a collection agency in previous years might affect me?
As it is now, the child support arrearages are part of the court order. Is this enough to place liens on personal property or use other collection methods?
The tax refund I received as payment for back child support came as a surprise that year. I assumed it was automatic when a person has unpaid child support. Is this true, or do I need to file something each year to try to intercept it?
Thank you for any help you can give me.
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