Courts let him go AGAIN..now what??

[kmodek]

What is the name of your state? MISSOURI

Does anyone know what exactly is considered 'violating probation' for criminal non-support?
My ex has been in court twice now in 3 years for non-support. The first time, it was over 5K and his daddy paid it for him and the let him go on 2 years probation.
Since then, he's never paid in full, or on time, and usually not at all.
According to MO law, every month he doesn't pay on time or in full, CSE is supposed to file a misdemeanor against him, which they have never done.

Now, I finally got the prosecuting attorney to file a motion to revoke his probation, they started taking him to court in Jan. and all they've done is continued it every time.

He will be off the probation on the 21st of this month. He had his last court date this past Monday and I checked online today and it says the pros. atty. WITHDREW the motion to revoke! So, once again, he's off the hook and I'm screwed again!

He wasn't paying AT ALL until his court dates started, and he paid 3 months, so they said 'oh, he's paying now' so they dropped the whole thing. Now, I can guarantee you I won't see any CS at all since the case is over and they did nothing to him.

I'm on disability and I get $923/mo which leaves me with $34 left over after all the bills are paid. I now have a negative account balance and the month isn't even 1/2 over and I guess I can kiss CS goodbye.

I can't get my CS caseworker to ever call me back and she never answers her phone and the pros. atty. won't take my calls either.

Does anyone know what else can be done to get this jerk to pay? He used to be a union floorlayer and made $28/hour, but when our case was up for modification, he quit working last year --LITERALLY just quit working and sits on his butt while his girlfriend works 2 jobs and has everything in her name--
so he thought they wouldn't raise the CS amount if he hadn't been working, which didn't work, of course, but now he STILL won't work!
Can't the courts force him to find and keep a job?

I could understand if this was a 1st offense and he had a good payment history, but it's the total opposite, his jail record is a mile long, and he just flat out refuses to pay CS and I can't get anyone to MAKE him.

Anyone have any ideas???

 

[billiewood]

Why did you not go to the court hearing? It may have helped if you had went I am sure the judge would have asked you some questions. If you have a co that states how much he has to pay and he is not paying it keeping filing contempt charges on him if you have to go to clerk of court and do it yourself. I know in NC you can go thru the clerk of court and she tells you what papers to file and can get a hearing for you that is what we have been doing.

 

[kmodek]

Thanks..

Hi! I kept asking the pros. atty. if it would help if I was there, but she basically told me I don't need to be there, since it's to revoke his probation, but I felt like it was MY child support, so you'd think it would include me, but they were acting like it annoyed them that I kept calling and asking questions.
I'm thinking about writing a letter to the judge himself.
Think it would help?

 

[SingleMom67]

Give the pros. atty. a chance to call you back. You've only just called today because you've only just found out about the motion being withdrawn today. Keep following up. Be very persistent. But you need to know why the motion to revoke the probation was withdrawn.

Are you following up with CSE EACH AND EVERY MONTH that you don't get the court ordered support? Unfortunately, there are way too many cases and not enough workers. You need to call and call and call and call.

 

[billiewood]

Weren't they trying to revoke his probation for not paying child support? If so then yes you should have been there. You can writea letter or call the clerk of court and ask if you can file contempt changers because ex is not following court order to pay child support. Do not need a lawyer to do that. It does not hurt to have one but you don't need to have one.

 

[TNBSMommy]

Hi! I kept asking the pros. atty. if it would help if I was there, but she basically told me I don't need to be there, since it's to revoke his probation, but I felt like it was MY child support, so you'd think it would include me, but they were acting like it annoyed them that I kept calling and asking questions.
I'm thinking about writing a letter to the judge himself.
Think it would help?

I've been told I didn't need to be at a court date, thankfully, I took it upon myself to show up anyway... Turned out I was supposed to be there! Always show up!!

You should just keep on top of them, Is he in contempt now? you mentioned he has been paying, if not, when he is in contempt, call and request a court date to bring him in for contempt... you will probably have to call several times, keep calling until you get told you have a court date and when it is. Another thing, once you have a court date, and you go to court, request a review to see if he is paying. Up until this past April, I had a review every 3 months... it worked for a while! Until the last time, when he didn't show, and I forgot to ask for my review... my ex right now is supposed to spend 2 days a week in jail for every week he hasn't paid. And I am trying now to get him back in court... Just keep trying! Keep calling! It will take a while, but eventually you'll get him back in court.

 

[kmodek]

Frustrating!!

Even though I can get them to take him to court, they never sentence him for anything. Like this time, he paid for 3 months, so they dropped the case!

 

[VeronicaGia]

Hi! I kept asking the pros. atty. if it would help if I was there, but she basically told me I don't need to be there, since it's to revoke his probation, but I felt like it was MY child support, so you'd think it would include me, but they were acting like it annoyed them that I kept calling and asking questions.
I'm thinking about writing a letter to the judge himself.
Think it would help?

Don't ever not show up unless you have it in writing the the court date has been postponed or canceled. You should have went, because it would have shown the court that you intend to prosecute. You say she "basically told me i don't need to be there." What exactly did she say?

Always go to court...always. My guess is they thought you didn't care about this much so they dropped it.

 

[VeronicaGia]

What is the name of your state? MISSOURI

According to MO law, every month he doesn't pay on time or in full, CSE is supposed to file a misdemeanor against him, which they have never done.


Does anyone know what else can be done to get this jerk to pay? He used to be a union floorlayer and made $28/hour, but when our case was up for modification, he quit working last year --LITERALLY just quit working and sits on his butt while his girlfriend works 2 jobs and has everything in her name--
so he thought they wouldn't raise the CS amount if he hadn't been working, which didn't work, of course, but now he STILL won't work!
Can't the courts force him to find and keep a job?

If MO or any other state did this every time someone was late, they'd have tohave more courts, more judges, etc. It would be impossible to keep up with that plus new cases.

You can ask for a seek work order, but really no one can force him to get and keep a job.

 

[legalcuriosity]

Since then, he's never paid in full, or on time, and usually not at all. According to MO law, every month he doesn't pay on time or in full, CSE is supposed to file a misdemeanor against him, which they have never done.

Do you realize how much more backlogged the court system would be if they did this for every single person who didn't pay in full or at all? And you think you have to wait long enough to get a court date. This language is there as a "threat", but as you can see, it's not very effective.

I'm on disability and I get $923/mo which leaves me with $34 left over after all the bills are paid. I now have a negative account balance and the month isn't even 1/2 over and I guess I can kiss CS goodbye.

YOU are responsible for paying your own bills. Granted, child support is to go to a portion of the bills that affect the child, but the bulk of them falls on you.

Does anyone know what else can be done to get this jerk to pay? He used to be a union floorlayer and made $28/hour, but when our case was up for modification, he quit working last year --LITERALLY just quit working and sits on his butt while his girlfriend works 2 jobs and has everything in her name--so he thought they wouldn't raise the CS amount if he hadn't been working, which didn't work, of course, but now he STILL won't work!
Can't the courts force him to find and keep a job?

No, they can't. That is illegal, an abuse of power and unconstitutional. The ACLU would be all over that -- as they should. The courts have no right or power to "force" anyone to work. In CS cases, their way of doing that is imputing an income.

 

[Gracie3787]

Are you on SSDI? If so, are your children also recieving benefits? Are you on any kind of public assistance, if you are, that does give CSE some motivation, but not alot.

If he is paying anything at all- even if it purges or small amounts, you might want to keep in mind that if he is sent to jail or prison for CRIMINAL non-support, he can be held in prison for YEARS- which would mean that there wouldn't be any purges or payments of any kind. Believe me, I'm not excusing his not paying, but I am letting you know of the realities of what might happen in a criminal non support case versus a civil non support case. I hope things work out for you.

 

[kmodek]

I don't get SSDI, only disability and food stamps. I had to get my daughter on Medicaid because her dad is 'supposed' to keep medical insurance on her, but he doesn't and they don't even mention that fact.
It's amazing that someone can have a court order, yet not fufill it and not do anything to help support their kids, but the majority of responses have a tone to them that I'm being petty by actually expecting him to fufill his responsibility as a parent, at least financially, since he's never around physically and when he was, he was beating up his girlfriend in front of my daughter....and God forbid I even hope the courts to do anything uphold the court order THEY made....
I KNOW all of the responsibilites fall on me, I've been doing it for 7 years now, so I think I have the right to be angry that her own father won't lift a finger to help, but he can afford to pay over $500/mo for his girlfriend's car payment and insurance and supports HER...she quit working 2 years ago for no reason...and they can afford to go to bars and smoke pot on a daily basis but I'm rude for wanting money to help buy clothes and house my daughter?
Uh, ok. Never mind.

 

[kmodek]

Do you realize how much more backlogged the court system would be if they did this for every single person who didn't pay in full or at all? And you think you have to wait long enough to get a court date. This language is there as a "threat", but as you can see, it's not very effective.

Exactly...I NEED child support because all of my money is GONE after I pay ALL the bills and buy ALL the clothes, toys, shoes, food,etc. MYSELF. Her birthday is Aug. 1st and I don't even have money to buy her a present or a cake. My bank acct. is NEGATIVE.

No, they can't. That is illegal, an abuse of power and unconstitutional. The ACLU would be all over that -- as they should. The courts have no right or power to "force" anyone to work. In CS cases, their way of doing that is imputing an income.

Well, we wouldn't want to FORCE a parent to be responsible and work and fufill their child support order and their responsibilites to be a parent to their child....

 

[jennifer6219]

I Live In Missouri Myself With A Non Paying Father What County Do You Live In

 

[brendalee]

I live in Missouri also. The whole thing is disgusting. I also have a deadbeat ex and he owes me over $10,000. He is also suppose to provide health ins. but I've never seen any in over 6 years. I have made repeated calls to CSE sometimes up to 3 times a day. It never does any good. But yet somehow he can afford to have plenty of toys and all the alcohol he wants. I just wanted you to know your not alone and it is very aggravating. Maybe you can try some sort of legal aid. I wish you luck!