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  #1  
Old 10-21-2000, 04:40 PM
wonderingnky
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An attourner suggested that I have my ex-husband indited by the grand jury for not his child support. Currently he owes over $14,000. I was young and stupid and did not realize how much help there is out there for me so all I ever done was beg and plead for him to pay his child support. All he ever done was laugh and say he would pay next week. If I have him indited what does that mean and what kind of documentation should I have ready for court? I am from Kentucky. I found in a child support book to have proof of payment for all medical bills is there anything else? I have been totally responsible for her financial upbringing and I always let him visit her every week-end.
  #2  
Old 10-21-2000, 09:10 PM
LadyBlu
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by wonderingnky:
[b]An attourner suggested that I have my ex-husband indited by the grand jury for not his child support. Currently he owes over $14,000. I was young and stupid and did not realize how much help there is out there for me so all I ever done was beg and plead for him to pay his child support. All he ever done was laugh and say he would pay next week. If I have him indited what does that mean and what kind of documentation should I have ready for court? I am from Kentucky. I found in a child support book to have proof of payment for all medical bills is there anything else? I have been totally responsible for her financial upbringing and I always let him visit her every week-end.[/b]<HR></BLOCKQUOTE>


In order to get a Grand Jury Indictment you need to pursue Criminal Non-Support charges through your District Atty (County Atty).
They could possibly put him in jail for this.

For proof of nonpayment you will need an accounting of the payments from whatever Gov't entity the payments are made through.
If they are forwarded to you from the State Atty Generals child support offices then you will need to call them to get the accounting of the payments. Sometimes payments are made to the courthouse that the order was established and then forwarded to you, if this is the case you will need to obtain a copy from the Dist Clerks office showing the last payments that were made.
In order to prove the medical expenses you would need to prove that you made him aware of those expenses by mailing them to him certified return receipt. Then you would need to provide statements showing you paid those bills yourself.

I would recommend you also contact your state atty generals office for help in enforcing the original order.
  #3  
Old 10-22-2000, 06:22 AM
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<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by LadyBlu:
[b] For proof of nonpayment you will need an accounting of the payments from whatever Gov't entity the payments are made through.
If they are forwarded to you from the State Atty Generals child support offices then you will need to call them to get the accounting of the payments. Sometimes payments are made to the courthouse that the order was established and then forwarded to you, if this is the case you will need to obtain a copy from the Dist Clerks office showing the last payments that were made.
[/b]<HR></BLOCKQUOTE>

LB2: If payments had been setup in the manner you describe then something would have been done already if the person was 14k behind. So first we are assuming there is an order in the first place. Then we assume that there is no payments to a gov body and it is a normal arrangement of the NCP sending a check or direct deposit.

Secondly, the CP does not have to prove what payments have been made, they just have to tell a judge that the order (if there is one) is for (for example) $300 a month. Which means from the date of the court order until today, he should have paid $14000. To date, he has only paid $900. It is then up to the NCP to prove otherwise. So, if he has paid her 14k in cash and has no proof, then she gets another 14k.

Lastly, you have to be careful about handing CS collection over to state bodies. Some are so overworked that little might get done. Also, in some states, once you hand over the case, it is very difficult to get it back if they do not do anything.

Therefore, if the poster has money, and there IS a court order in place, then her first step may be to petition the court on her own and drag his butt before a judge. Depending on the outcome of that, is whether she washes her hands of it and passes the whole thing over to CSEA or the DA.



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My advice above is equal to the advice they would give if you asked that person a legal question.
  #4  
Old 10-22-2000, 01:45 PM
wonderingnky
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Thank you LadyBlu and LegalBeagle for your help. He was court ordered to pay but I always assumed that since I did not have financial assistance through the state that I had to deal with making him pay child support myself. The County Attourney and the Child Support Office are fully aware of his non payment of support now. For years I did not want him to go to jail for not paying support but by not pushing this my child has suffered. I have provided for her as best as I could but the extra $50 dollars a week he was suspose to pay would have helped alot. I have kept written down all the money he has ever given me. He paid in cash. That total is about $3,000 I only want what he didn't pay.

I would like to say in closing that I enjoy this site. It lets me know there are people out there who have similar problems and want to help anyway they can. Thank you everyone for any advice/comments given on this board. We can all use it.
 



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