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Can't get money or jail time

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waitingfor$$

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What is the name of your state? OHIO

My ex husband has not paid child support consistently for 6 years and owes over $30,000 in arrears plus additional debt from the divorce agreement. I get judgements and he is required to pay a certain amount to purge his contempt of court, but nothing ever happens. Any advise on getting this thing moving?
 


I AM ALWAYS LIABLE

Senior Member
waitingfor$$ said:
What is the name of your state? OHIO

My ex husband has not paid child support consistently for 6 years and owes over $30,000 in arrears plus additional debt from the divorce agreement. I get judgements and he is required to pay a certain amount to purge his contempt of court, but nothing ever happens. Any advise on getting this thing moving?


My response:

Get an attorney.

IAAL
 

syskjw

Member
I wish you lots of luck with that. I live in florida and my step daughters mother has never paid a dime of child support since it was ordered 2 years ago. We finally appear in court and due to her being very pregnet and no job she walks away with only having to pay $250.oo out of $6,386.88 and gets her license back. Obviously she will not be working for the next 3 to 5 months. And it took Child Support 4 years to catch up to my sons father and they only stated he had to pay 2 years back child support and they places that on reserve almost three years ago.


Lots of Luck,
syskjw
 

gatorguy3

Member
Well, I don't know about Ohio...you would need to check the laws regarding contempt of court and what happens. But, in Florida--if there is a contempt of court charge and a purge amount is set, if the purge is not paid in a timely manner there is a Writ of Bodily Attachment (warrant) issued for the arrest of that person. A Writ of Bodily Attachment is an immediate pickup order. It doesn't work the same as a regular warrant where they go years to catch someone. They will check every address they have until the person is caught and arrested. I know this from first hand experience.
 

Starry809

Member
i have the opposite problem. NCP father HAS been paying every month on current and back support (he got behind a long time ago) by our figures, based on DOR records of amount owed and his paystubs, the total owed should be 300.00 now. ) he has been paying 100 extra a month towards back support) we get notified the arrears is 30 THOUSAND dollars (instead of 300 dollars), and NOW they state they are adding an additional 27,000 for interest.
We sent them registered letters, emails, phone calls, We've even written to all the government officials and heads of the state agencies... not ONE person will reply. We included all proof etc.
This lead to a lien on the house, bank account etc. all for a typo.
Aint Florida just "grand"
I wonder if basic intelligence is even required for a job in Florida's child support system.


syskjw said:
I wish you lots of luck with that. I live in florida and my step daughters mother has never paid a dime of child support since it was ordered 2 years ago. We finally appear in court and due to her being very pregnet and no job she walks away with only having to pay $250.oo out of $6,386.88 and gets her license back. Obviously she will not be working for the next 3 to 5 months. And it took Child Support 4 years to catch up to my sons father and they only stated he had to pay 2 years back child support and they places that on reserve almost three years ago.


Lots of Luck,
syskjw
 

gatorguy3

Member
Sounds to me that Florida is "30 grand" hehe...sorry I could not resist.

Anyway, even though there are liens and such and alot of heartache...they cannot just add $27k in interest.

So, just hang in there and keep trying....keep paying what you are required.
 

abstract99

Senior Member
I know that in some states, as long as the obligor shows up to all court dates and shows that they are making attempts to pay then jail time will not be ordered.
 

Starry809

Member
hehehe love it.
yea Im so frustrated with Florida... I always watch the hurricanes and wonder if DOR has cursed the state.
And yea, they are determined they are adding 27000 :interest: Im at wits end. I added it all up based on THEIR totals. and my total came up to 300 (INCLUDING interest!) wonder which moron forgot the decimal point.

gatorguy3 said:
Sounds to me that Florida is "30 grand" hehe...sorry I could not resist.

Anyway, even though there are liens and such and alot of heartache...they cannot just add $27k in interest.

So, just hang in there and keep trying....keep paying what you are required.
 

gatorguy3

Member
I have always had two main problems with CS--well, I have many, but I will focus on the two main problems:)

First, why does the judicial system feel they need to be involved again? I mean, this is a personal family situation that probably would be better without so much control from the system. My thought is the system should force the couple to come to an agreement. But, I am old school I guess.

Secondly, and most importantly, why does the judicial system aka big daddy aka the government collect interest on income that is not theres? In most cases, NCP has a job and earns his/her living. He/she is then forced to pay an amount to the CP. Then, the system is collecting interest on the income. Sounds pretty legal to me...NOT.

Please, everyone should know the statements herein were rhetorical. No legal explanation is necessary as you will never make me believe the interest the government charges on a person's hard earned wage is legal. Oh wait, it's because the government said so and they made statutes supporting the idea. Hahahahahaha!
 

LdiJ

Senior Member
gatorguy3 said:
I have always had two main problems with CS--well, I have many, but I will focus on the two main problems:)

First, why does the judicial system feel they need to be involved again? I mean, this is a personal family situation that probably would be better without so much control from the system. My thought is the system should force the couple to come to an agreement. But, I am old school I guess.

Secondly, and most importantly, why does the judicial system aka big daddy aka the government collect interest on income that is not theres? In most cases, NCP has a job and earns his/her living. He/she is then forced to pay an amount to the CP. Then, the system is collecting interest on the income. Sounds pretty legal to me...NOT.

Please, everyone should know the statements herein were rhetorical. No legal explanation is necessary as you will never make me believe the interest the government charges on a person's hard earned wage is legal. Oh wait, it's because the government said so and they made statutes supporting the idea. Hahahahahaha!
Its not interest on the income...its interest on the debt...arrearages are debts. The interest doesn't go to the government (unless the government is being reimbursed for state aid) it goes to the cp as part of the repayment of the debt.

Its no different than interest on a credit card or any other type of debt.
 

gatorguy3

Member
Okay, but I still say...the government may label it a "debt" but in reality it is not a debt. Personally, I don't "owe" the ex spit. Does she pay interest on her share of the raising of the child? Is her portion considered debt? Double standard in my book. No matter how you slice it.
 

MtnMoon

Member
gatorguy3 said:
Okay, but I still say...the government may label it a "debt" but in reality it is not a debt. Personally, I don't "owe" the ex spit. Does she pay interest on her share of the raising of the child? Is her portion considered debt? Double standard in my book. No matter how you slice it.
There's interest only if there are arrearages.
 

gatorguy3

Member
Well, be that as it may...

I am not paying taxes on MY income and then paying my ex interest on that same income. There are always arrears as that is what the system does. They come out of the woods with bs and say...hey Mr Smith...you are the father of a 10 year old boy. You now have to pay back support as the mother was on welfare.
 

MtnMoon

Member
gatorguy3 said:
Well, be that as it may...

I am not paying taxes on MY income and then paying my ex interest on that same income. There are always arrears as that is what the system does. They come out of the woods with bs and say...hey Mr Smith...you are the father of a 10 year old boy. You now have to pay back support as the mother was on welfare.
The interest isn't on that same income...it's on the arrearages. There's a difference.
 

gatorguy3

Member
The money is one in the same...

Arrearages are paid at a slower rate than CS. However, it is paid out of the same money. Money from a paycheck that had taxes paid upon it. Therefore, anyone paying CS is being expected to pay taxes on their money, and then they are expected to pay interest on that "ficticious" number the government establishes as an arrearage amount.
 
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