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Dead Beat Mom

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s.kaye

Guest
What is the name of your state?What is the name of your state? IL
For 11 years my husband has paid child support and paid 100% for health insurance for his 2 children. 2 years ago we gained full custody of the kids. "Coincidently" the kid's mom quit her job 1 month after we gained custody. She remarried about 6 yrs. ago and she hasn't worked steady since then. Not that this matters to the courts, but they have a new house, new cars, etc. Now that we have custody and she hasn't got a job, the courts have decided she doesn't have to pay child support and has absolutely no financial obligation to these childred. My question is, if this situation was reversed and my husband didn't have to work because I had a fantastic job and kid's mom still had custody, would the court system order him to work and pay child support? My guess is they would. I'm pretty sure that in IL, the step-parent's income can't be taken into affect. Is there any way to make her get a job? Any advice is appreciated.
Kaye
 


I AM ALWAYS LIABLE

Senior Member
s.kaye said:
What is the name of your state?What is the name of your state? IL
For 11 years my husband has paid child support and paid 100% for health insurance for his 2 children. 2 years ago we gained full custody of the kids. "Coincidently" the kid's mom quit her job 1 month after we gained custody. She remarried about 6 yrs. ago and she hasn't worked steady since then. Not that this matters to the courts, but they have a new house, new cars, etc. Now that we have custody and she hasn't got a job, the courts have decided she doesn't have to pay child support and has absolutely no financial obligation to these childred. My question is, if this situation was reversed and my husband didn't have to work because I had a fantastic job and kid's mom still had custody, would the court system order him to work and pay child support? My guess is they would. I'm pretty sure that in IL, the step-parent's income can't be taken into affect. Is there any way to make her get a job? Any advice is appreciated.
Kaye


My response:

You said (with a few misspelled words) - -

"the courts have decided she doesn't have to pay child support and has absolutely no financial obligation to these childred."

Please quote the EXACT words from the court order that confirms that statement, along with the court's reasoning. Do not summarize, but write the EXACT words from the order.

IAAL
 
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s.kaye

Guest
Okay, actually it was our attny. (as well as several other attny.s that we consulted) who told us the court system would not make the ex-wife work. We had already paid out the wazoo to get this advice. We didn't feel like forking out more $ to our attny. to go to court and fight her.
Also, I'm sure you can pick apart my spelling and grammar in this post, too. I may not be an attny. and have the education that you do, but I really don't think that is what this forum is all about. I thought it was to get advice from others. But, if it makes you feel better, go right ahead. Some people are just so smart, they don't make spelling errors.
Kaye
 

I AM ALWAYS LIABLE

Senior Member
s.kaye said:
Okay, actually it was our attny. (as well as several other attny.s that we consulted) who told us the court system would not make the ex-wife work. We had already paid out the wazoo to get this advice. We didn't feel like forking out more $ to our attny. to go to court and fight her.

Kaye

My response:

Did I ask you about the above? No.

Do you want help, or not? Apparently, not only are you suffering with acute spelling problems, but it appears that you're also suffering from Adult Attention Deficit Disorder (AADD).

Read my responses carefully . . .

I asked you, and you wrote a statement of fact, that said - -

"the courts have decided she doesn't have to pay child support and has absolutely no financial obligation to these childred."

Please quote the EXACT words from the court order that confirms that statement, along with the court's reasoning. Do not summarize, but write the EXACT words from the order.

So, I really need you to focus on the actual issue, and not on the "side" issues that I may write. Focus. Issue spot.

IAAL
 
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s.kaye

Guest
We ended up with an Agreed Order. The child support section states "The issue of child support from Petitioner to Respondent is reserved until such time as Petitioner returns to work". "Petitioner's employment will result in an order for child support". This order was signed by the judge and filed 2/21/03. The mother has not worked, that we know of, since then.
Like I said, we agreed to this because we were advised that the court would not "make" her work. Several attny.s told us that since she has young children at home with her, the court looks at the best interest of these children first. The idea being, her younger childred are better off with a stay-at-home mom rather than going into a day care while mom's at work. If this is true, looks like the courts are looking out for the best interest of the children she had with her 2nd husband before the children she had with my husband.
Kaye
 

I AM ALWAYS LIABLE

Senior Member
My response:

Okay, finally! Now I understand what's going on. That wasn't too difficult, was it?

Thank you.

So, to answer your original questions, a court CAN "indirectly" (not "directly") make a person work. It's called "imputing" an income to pay support, which in order to pay, would "cause" the obligor to get a job. However, in this instance, there were other factors keeping the court from "imputing" an income; i.e., Other children that she's caring for at home. So, she won't pay, and probably never will.

Of course the court would impute an income to your husband, only because husbands are not usually the caretakers.

IAAL
 

tigger22472

Senior Member
YOu are correct that they can't MAKE her go to work however they could of MADE her pay child support.. how it got paid didn't matter even if it meant that her current husband paid the support so she could stay home. However, with wording like that in the CO it's unlikely you can do anything about it for quite a while.
 
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s.kaye

Guest
Tigger22472,
Thanks for the advice. I figured as much.

I Am Always Liable,
Thank you, too for the advice. Your sarcasm is amusing.

Kaye
 

topsidder

Member
Jeez

Now, that was a violation of this mans 14th amendment.

You betcha!! If the roles were reversed and your husbands ex had custody and he was not working, the courts still would have set a child support amount. The courts would never have issued an order stating when he gets a job we will then set support!!

JEEZ, the 14th amendment is getting trampled on these days. Come on all you ESQ's. These male CP deserve the exact same rights in the courts that the female CP receive.
 

nextwife

Senior Member
Actually, hasn't the court determined that the CS is actually a "right" of the child to recieve- if they have an able bodied parent? Heck, there are states that have determined incarceration is not a reason to stop CS- and those parties don't even have the option of going to work.

If so, why does the court toss aside the CHILD'S right to that support because the NCP is a woman? Or, if the court contends that being a SAHP is an excuse for not paying support, then why do they reserve that for only female NCPs?
 
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s.kaye

Guest
The ex-wive's 2 children will both be in school this fall. So, she has no excuse not to work. Unless she decides to have another child!!!! I agree, I would bet that if the roles were reversed, they would make my husband pay child support.
Kaye
 

no$$4us

Member
deadbeat mom

I am wondering if the mom has had any more child since she remarried. I am also wondering what the ages of the children are--that are living with her and her new husband.
That is taken into account.
 

topsidder

Member
Now that this post has been revisited, are you still a poster s. kay?

If you are, I recommend you go to court, pro se if necessary (child support is now just a "matter of law") and ask for support.

DO NOT GO WITHOUT A COURT REPORTER.

DO NOT ADDRESS FACTS SUCH AS: NCP DOES NOT WORK, HAS NO INCOME, DRIVES NICE CARS, LIVES IN NICE HOMES etc.

Have your husband go to court, with his court reporter, and one simple statement should do it: "Your honor, I am the custodial parent of _______, and as such, I beg the court to award ________ child support from the Non-cusotdial parent ____. In addition, I also plead with the court to award assistance with medical coverage and expenses"

Thats it. Thats all that needs to be said by your husband. Let the judge and the ex do the rest of the speaking. MAKE CERTAIN YOUR SPRING FOR THE COURT REPORTER!
 

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