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sariek1

Junior Member
What is the name of your state (only U.S. law)? California

7 years ago my ex and I had a judgement for child support - $700/month and half of child care and one weekend every other month. I have 100% physical and 95% legal custody. He has never paid $700/month. He averages about $200 a month and doesn't help with child care. He hands me a check, written out of his company's bank account ($201.78). He'll tell me he's not struggling this month. He sees his son off and on. No consistent basis. My son is now 10 and I am struggling financially to pay for before and after school care and live paycheck to paycheck. My ex is a consultant, so is self employed, drives a brand new Mercedes and lives extravagently. When I bring up the judgement, his response is always the same, "take me back to court and you will get nothing." I can't afford and attorney, I'm a teacher barely getting by. If I file with Child support services, is it likely that I will get nothing when they try to enforce the judgement???
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

7 years ago my ex and I had a judgement for child support - $700/month and half of child care and one weekend every other month. I have 100% physical and 95% legal custody. He has never paid $700/month. He averages about $200 a month and doesn't help with child care. He hands me a check, written out of his company's bank account ($201.78). He'll tell me he's not struggling this month. He sees his son off and on. No consistent basis. My son is now 10 and I am struggling financially to pay for before and after school care and live paycheck to paycheck. My ex is a consultant, so is self employed, drives a brand new Mercedes and lives extravagently. When I bring up the judgement, his response is always the same, "take me back to court and you will get nothing." I can't afford and attorney, I'm a teacher barely getting by. If I file with Child support services, is it likely that I will get nothing when they try to enforce the judgement???
I don't think it can hurt to ask them for help. Of course, they won't be able to garnish any wages most likely, but they do have other tools available (ie: interception of any tax refunds due, suspension of driver's license and professional license, etc.)

With that said, what do you mean you have 95% legal custody? Legal custody is not something that's usually assigned a percentage...
 

Isis1

Senior Member
What is the name of your state (only U.S. law)? California

7 years ago my ex and I had a judgement for child support - $700/month and half of child care and one weekend every other month. I have 100% physical and 95% legal custody. He has never paid $700/month. He averages about $200 a month and doesn't help with child care. He hands me a check, written out of his company's bank account ($201.78). He'll tell me he's not struggling this month. He sees his son off and on. No consistent basis. My son is now 10 and I am struggling financially to pay for before and after school care and live paycheck to paycheck. My ex is a consultant, so is self employed, drives a brand new Mercedes and lives extravagently. When I bring up the judgement, his response is always the same, "take me back to court and you will get nothing." I can't afford and attorney, I'm a teacher barely getting by. If I file with Child support services, is it likely that I will get nothing when they try to enforce the judgement???
shoot, i'd take him to court. not only will he be ordered to pay on the arrears....but his child support will be readjusted. we not only suspend driver's license out here, but business licenses as well! TAKE HIM TO COURT!
 

mistoffolees

Senior Member
shoot, i'd take him to court. not only will he be ordered to pay on the arrears....but his child support will be readjusted. we not only suspend driver's license out here, but business licenses as well! TAKE HIM TO COURT!
Another option is to go see the state child support enforcement office. Money is tight for OP and if she does it herself, she could get steamrolled. CSE will take longer, but they know what they're doing.

IF OP is simply filing contempt of an existing order, going to court isn't too hard - and will probably be faster. OTOH, if she's looking for modification and/or if there's any problem, the CSE route might be better.
 

torimac

Member
shoot, i'd take him to court. not only will he be ordered to pay on the arrears....but his child support will be readjusted. we not only suspend driver's license out here, but business licenses as well! TAKE HIM TO COURT!
I can say from personal experience, it might not be worth taking him to court. I took my ex to court and it accomplished very little. It depends on where in CA. The judge we had was very lenient with him. No driver's license removal, no fines, no paying any of my fees. Only an extra $10 a month towards arrears and he only paid for about six months after that. You need to look at the costs of going to court or the costs of going through your local agency.
 
What is the name of your state (only U.S. law)? California

7 years ago my ex and I had a judgement for child support - $700/month and half of child care and one weekend every other month. I have 100% physical and 95% legal custody. He has never paid $700/month. He averages about $200 a month and doesn't help with child care. He hands me a check, written out of his company's bank account ($201.78). He'll tell me he's not struggling this month. He sees his son off and on. No consistent basis. My son is now 10 and I am struggling financially to pay for before and after school care and live paycheck to paycheck. My ex is a consultant, so is self employed, drives a brand new Mercedes and lives extravagently. When I bring up the judgement, his response is always the same, "take me back to court and you will get nothing." I can't afford and attorney, I'm a teacher barely getting by. If I file with Child support services, is it likely that I will get nothing when they try to enforce the judgement???
Assuming that your ex is not providing his independent contractor services through a 'loan out' corporation (a closely held entity that he controls), you can obtain the Income Withholding Order (FL 195), and that served on as many of the people or business who use his services.

Don't bother with contempt, unless you have an attorney. Usually, too hard to prevail on.
 

sariek1

Junior Member
Legal

I don't think it can hurt to ask them for help. Of course, they won't be able to garnish any wages most likely, but they do have other tools available (ie: interception of any tax refunds due, suspension of driver's license and professional license, etc.)

With that said, what do you mean you have 95% legal custody? Legal custody is not something that's usually assigned a percentage...
In the judgement it states that I have 95% legal custody. It was explained to me at the time as- if my son was in the care of his father and something happened where he would need emergency care and his father did not have any legal custody he would not be able to get him the care needed.
 

sariek1

Junior Member
I can say from personal experience, it might not be worth taking him to court. I took my ex to court and it accomplished very little. It depends on where in CA. The judge we had was very lenient with him. No driver's license removal, no fines, no paying any of my fees. Only an extra $10 a month towards arrears and he only paid for about six months after that. You need to look at the costs of going to court or the costs of going through your local agency.
So, does your ex pay now?? I'm going to go through my local agency. I have absolutely no money, so hiring an lawyer is completely out of the question. My concern is what my ex keeps telling me - if I take him to court, the court will see he doesn't make money, it's all in his company and the original amount will go from 700 to 0.
 

sariek1

Junior Member
shoot, i'd take him to court. not only will he be ordered to pay on the arrears....but his child support will be readjusted. we not only suspend driver's license out here, but business licenses as well! TAKE HIM TO COURT!
I can't afford to get a lawyer so I'm going to go through the local agency. I wanted to know what you meant by readjustment? I'm worried it will go from 700 to 0 like he keeps telling me. He recently sent me a text stating that he's filing bankruptcy and I will never see another check. Honestly, I just want enough to help with before and after school care at this point.
 

TinkerBelleLuvr

Senior Member
So, does your ex pay now?? I'm going to go through my local agency. I have absolutely no money, so hiring an lawyer is completely out of the question. My concern is what my ex keeps telling me - if I take him to court, the court will see he doesn't make money, it's all in his company and the original amount will go from 700 to 0.
Please start your own thread.
 

TinkerBelleLuvr

Senior Member
I can't afford to get a lawyer so I'm going to go through the local agency. I wanted to know what you meant by readjustment? I'm worried it will go from 700 to 0 like he keeps telling me. He recently sent me a text stating that he's filing bankruptcy and I will never see another check. Honestly, I just want enough to help with before and after school care at this point.
Then he can be imputed an income for which he CAN earn, and it won't be zero. Bankruptcy would wipe out his other bills so that he could pay the support and arrearages. Bankruptcy will NOT wipe out child support arrearages.
 

mistoffolees

Senior Member
In the judgement it states that I have 95% legal custody. It was explained to me at the time as- if my son was in the care of his father and something happened where he would need emergency care and his father did not have any legal custody he would not be able to get him the care needed.
I don't deny that your order says that, but it's one of the strangest things I've ever seen.

Legal custody is about who makes decisions for the child. Things like religious, medical and educational decisions, mostly. So does '95% legal custody' mean that you can choose the school 95% of the time and ex chooses 5% of the time? Or maybe you can get the child immunizations, but that they are not allowed to immunize the left foot? The entire concept of a percentage of legal custody doesn't make sense.

I have seen things like "joint legal custody, but if the parents can't agree, then person A gets to choose" - and that makes some sense.

Not that I'd suggest changing it at this point - it looks like everyone has found a way to work with it.

I can't afford to get a lawyer so I'm going to go through the local agency. I wanted to know what you meant by readjustment? I'm worried it will go from 700 to 0 like he keeps telling me. He recently sent me a text stating that he's filing bankruptcy and I will never see another check. Honestly, I just want enough to help with before and after school care at this point.
Run the child support calculator for your state.
Calculate Child Support

For his income, you'll have to estimate. If he stops working, the court can impute an income of what he'd probably be making. I would look at best case (assuming that you can use his entire income) and worst case (court has to impute minimum wage).

Now, keep in mind that while your current order says $700, he's only paying you $200. So if you get more than $200, you're better off than you are now - and even if they impute minimum wage, he'll be ordered to pay more than $200. Plus, the child support enforcement agency will probably have more luck than you do in collecting.

If it were me, I'd talk with CSE about simply collecting the existing order and arrears. If Dad wants to go to court to get it changed, he can try, but he may have a hard time (and he could do that, anyway). Let CSE work on collecting what he owes you for all the years of underpayment - as well as future years.

And don't worry about his bankruptcy threats. Child support is not affected by bankruptcy. In fact, it can make it easier to collect because his other debts are restructured or wiped out.
 

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