Ex not paying CS while out of work on disability

[amcarter]

What is the name of your state (NC)?

My ex went out on medical leave to treat his prostrate cancer in October 2007. My last child suport payment was deducted from his last paycheck. He (his wife filed the papers) to have his child support terminated in November 2007 but was told by 2 judges he had to send it in himself since he wasn't getting company paychecks. However, they didn't show up for the last court appearance so their case was dismissed. I have not received any child support since 10/13/07. His wife sent me a text saying that she had talked to the Child Support Clerk at our courthouse and it didn't matter if I filed for nonpayment of child support, that she was told by this person that I'd have to wait until my ex returned to work. I was told by a person in this same department that they DO NOT give out information like that. I don't know who to believe. But my ex has totally vanished from our daughter's life since he met and married this lady. The only reason I got child support was the court order that took it out of his paycheck. I want to file for noncompliance of my child support order but I don't want to go to court and have a judge tell me I have to wait until he returns to work. Our daughter will soon by 17 (in June) and I've been laid off since 6/08. If my ex can buy his wife a Lexus and her older daughter from her first marriage (who's a few months older than our daughter), one of the small Lexus SUV's, then he should be paying his child support. I've waited to file because I felt bad he was ill. But this is getting outrageous. They do not seem to be hurting for money...so shouldn't he be ordered by the court to pay his child support and over a year and half of arrears?What is the name of your state (only U.S. law)?

 

[bononos again]

Is he not on disability?

 

[amcarter]

YES...he has been employed with Duke Energy (formerly Duke Power) as a Nuclear Chemistry Specialist for over 25+ years. He received short term and then long term disability and still does. I've also been told by my local Social Security Office that since he's been out on medical disability for over 12 months, he now qualifies (and any biological or adopted children) to receive social security disability in addition to his disability through Duke Power. So, YES, he DOES receive medical disability payments through his company's insurance.

 

[Isis1]

YES...he has been employed with Duke Energy (formerly Duke Power) as a Nuclear Chemistry Specialist for over 25+ years. He received short term and then long term disability and still does. I've also been told by my local Social Security Office that since he's been out on medical disability for over 12 months, he now qualifies (and any biological or adopted children) to receive social security disability in addition to his disability through Duke Power. So, YES, he DOES receive medical disability payments through his company's insurance.

so have you filed with SSD to receive benefits for your child?

 

[amcarter]

The last time I talked to my local SS office, she told me she legally could NOT tell me if my ex had filed for or was approved to receive SS Disability but that she could tell me whether my daughter was approved. Since about 2 months before I found out about his ability to apply for SS disability, my ex's wife called me and asked for my daughter's SS number, said it was for medical insurance purposes (which I found out later was a lie)...that's when I found out he could apply for SSD since he'd been out of work on medical for 12 months. I made sure and let my ex's wife know that I KNEW my ex could now apply for SSD and they'd better NOT try to use my daughter's SS# to get money for her sent to them since she has resided with me full time since I divorced her Dad in 1996. I've been trying to get a call into my local SS office all day but the number is constantly busy. His current disability payments are through his employer not Social Security, yet he has sent no money into Raleigh, NC's centralized child support collections since my last CS was deposited out of his payment by Duke Power 10/13/07.

 

[Gracie3787]

The last time I talked to my local SS office, she told me she legally could NOT tell me if my ex had filed for or was approved to receive SS Disability but that she could tell me whether my daughter was approved. Since about 2 months before I found out about his ability to apply for SS disability, my ex's wife called me and asked for my daughter's SS number, said it was for medical insurance purposes (which I found out later was a lie)...that's when I found out he could apply for SSD since he'd been out of work on medical for 12 months. I made sure and let my ex's wife know that I KNEW my ex could now apply for SSD and they'd better NOT try to use my daughter's SS# to get money for her sent to them since she has resided with me full time since I divorced her Dad in 1996. I've been trying to get a call into my local SS office all day but the number is constantly busy. His current disability payments are through his employer not Social Security, yet he has sent no money into Raleigh, NC's centralized child support collections since my last CS was deposited out of his payment by Duke Power 10/13/07.

You can file a motion for contempt, or a show cause, whichever it's called in your state. A Judge might not be able to make a finding of contempt, but it's worth a try. While in court, you should be able to request that the court order that his disability payments be garnished.