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ninalee

Member
What is the name of your state? WI

I know there must be something I can do, but the people I've talked to so far have been totally unhelpful.

My 10 year old daughters Dad only pays his child support when I have an enforcement letter sent. About two years ago he went through a nasty divorce and these days he says that he cannot afford to pay out child support. He actually has only made the occassional payment for over two years now, as he stopped being consistent with it when he and his ex were having problems. This is not his first stint avoiding child support, however his ex wife paid off all of his arrears when they wanted to buy a home and car together. He got pretty lucky there. Now though he works only part time and claims he cannot work more due to a back injury he's trying to claim dissability for. He can afford to smoke cigarretes, drink, and buy nice clothes...but not pay child support. I know that is irrelevant, but irritating nonetheless. Right now I am living in a different county than my case is, so I want to get it moved. I called and spoke to a woman in the child support office that says I'll have to get permission from my ex to have the case moved. She also said that he has no job on file, and without a job they cannot garnish his wages and there is nothing much I can do. If he never paid support it would be one thing, but he always comes up with a payment when they send and enforcement letter, so he saves himself from trouble there. He has built up about $5000 in arrears now.

I asked him why he doesn't modify the case if he is so broke (he is ordered to pay $250 a month, when it was put in place he was making decent money and told the judge to set it at this. It would have been less otherwise.) He says that when he goes there to get help with that nobody helps him. Whatever.

So what I'm wondering is what can I do? I know he has a job...but he won't tell me where it is. He must be off the books. I know he only works part time now...I really don't care what he pays, I'd just like something. I'm sick of his excuses for not being able to help. I really cannot afford a lawyer though.

I cannot get any advice that makes sense to me when I talk to the child support dept. at my courthouse...I have called many times and I just get a runaround.
 
Last edited:


moburkes

Senior Member
You can keep doing what you've been doing. You can get a 2nd job, if necessary, to keep your head above water while he avoids paying.
 
Until your ex files for a downward modification (which may or may not be granted), he's on the hook for the current support obligation. This is a case of the squeaky wheel gets the grease. Call your caseworker over and over until you get him or her to do their job. There are a number of steps that can take place, suspending his license, suspending any professional licenses, liening any tax refund owing him, etc., etc. to "encourage" him to pay his support. Keep calling to stay on top of what's going on because once all of these means have been exhausted, push for a contempt hearing.
 

ninalee

Member
Thanks. He already has liens on his vehicles. I am going to work on getting my case moved to my county...I don't think he'll give me a problem with that. It's a long drive to where my case is now. As soon as I get it in my county, I plan on filing for contempt.
 
Thanks. He already has liens on his vehicles. I am going to work on getting my case moved to my county...I don't think he'll give me a problem with that. It's a long drive to where my case is now. As soon as I get it in my county, I plan on filing for contempt.
Does he still live in the county where the case originated?
 
Yes he does.

Because he still resides in the county which currently has jurisdiction, I don't see you getting the case moved to where you reside. Each state and each state's county laws vary regarding moving jurisdiction, so check your state's statutes and/or check with your caseworker.
 

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