Arrears Owed, Medical Bills Owed, and Not Working

[staceychuck]

What is the name of your state? GA.
My husband got divorced from his former wife in February of 2001. In the divorce decree it states that they have joint custody with my husband being the primary physical custodian of their two children, age 2 1/2 and 6 at that time. Two years ago, in April of 2004, she was restricted to minimum visitation rights and ordered to pay child support for the children because my husband found out she was convicted on 2 felony counts of burglary in April of 2003. The crimes were committed in May of 2001. Also, she was taking the children to see her boyfriend in prison during the later part of 2003, whom she has now married just 3 months ago when he got out of prison. Since the court handed down the order of support in July of 2004, she didn't pay until October of 2004 b/c her job finally got the income deduction order. She was also ordered in the child support order to pay 1/2 of all unpaid medical bills...she has paid nothing on their medical bills in 2 years. We have handed the bills, showed her the statements, and now we have showed here where we have gone and paid off her balance b/c she never paid. We did get some of the arrears back this year when she filed her taxes, but here's the problem. She has now lost her job, she is not paying on their medical bills, and she has stated that she is not going to go back to work, she is going to work for her husband who wants to start his own business. That's why he was in prison in the first place, but that's not the point. What can we do to ensure that the child support will continue to be paid and how do we make her pay these medical bills? My husband is a good father, and his children deserve for their mother to take responsibility and do what is right. But what can you do when she seems to always have money to go out and play pool and buy a new vehicle but she can't take care of her children's basic needs? Can anyone help?

 

[ceara19]

She has now lost her job, she is not paying on their medical bills, and she has stated that she is not going to go back to work, she is going to work for her husband who wants to start his own business. That's why he was in prison in the first place, but that's not the point.

He went to prison because he was trying to start his own business? What kind of business is he trying to start, a meth lab?

What can we do to ensure that the child support will continue to be paid and how do we make her pay these medical bills?

"WE" do nothing. Your husband will need to use the court to try and collect. There is no way to MAKE her pay. The judge can impose penalties if she doesn't pay and she could even end up in jail for failure to support.

My husband is a good father, and his children deserve for their mother to take responsibility and do what is right. But what can you do when she seems to always have money to go out and play pool and buy a new vehicle but she can't take care of her children's basic needs?

Not to make excuses for mom, because there really is no excuse for not supporting he children, but her new husband could be paying for these things with the profit from the aforementioned meth lab. One would assume that since she isn't working, her husband is the sole source of income for the household. He is not responsible for supporting her children.

Can anyone help?

Hiring an attorney would be the BEST way to go. But if he really can't afford to go that route, he can try and have the support order enforced though the Office of Child Support Services in Georgia.
http://ocse.dhr.georgia.gov/portal/site/DHR-OCSE/
They can TRY and make her pay the support, but they can't guarantee that she actually WILL.

 

[staceychuck]

I appreciate the responses...thank you. As for his job, it is not a meth lab or my husband would petition the court for FULL custody with supervised visitation. What he went to prison for was theft of trade secret, and 16 counts of theft by deception. I really don't want to get to that much futher because, like you stated before, he is not the one responsible. I referred to him only for the mere fact that we just don't want the children to have go through anything like that again. I mean their mother has been in jail and she took them to visit him in prison. And I'm sure we can all agree she had no business doing that...prison is not somewhere a child needs to "visit". We will seek the advice of an attorney because, if I am not mistaken, in January of 2007, Ga's child support laws are changing and my husband researched where we can petition the court for voluntary unemployment or underemployment because of her past work history and training. Once again, I thank you for your time. Sometimes it just helps to talk about it get another viewpoint to make sure we are staying on the legal track. I'm sure you can understand.

 

[ceara19]

I appreciate the responses...thank you. As for his job, it is not a meth lab or my husband would petition the court for FULL custody with supervised visitation. What he went to prison for was theft of trade secret, and 16 counts of theft by deception. I really don't want to get to that much futher because, like you stated before, he is not the one responsible. I referred to him only for the mere fact that we just don't want the children to have go through anything like that again. I mean their mother has been in jail and she took them to visit him in prison. And I'm sure we can all agree she had no business doing that...prison is not somewhere a child needs to "visit". We will seek the advice of an attorney because, if I am not mistaken, in January of 2007, Ga's child support laws are changing and my husband researched where we can petition the court for voluntary unemployment or underemployment because of her past work history and training. Once again, I thank you for your time. Sometimes it just helps to talk about it get another viewpoint to make sure we are staying on the legal track. I'm sure you can understand.

I completely agree, mom should have NEVER brought the kids to visit ANYONE in prison. In many circumstances, I don't think that kids should visit their OWN parent in prison, much less a step parent.

Mom is definitely in the wrong. When you have kids, it's no longer a matter of what "you" want. It's what the kids NEED that is important. Since she is voluntarily unemployed/underemployed, she should still be paying based on her previous earnings. If you go through the Office of Child Support Services, as opposed to going directly to the court, it will take longer to get things going, but there's no cost to your husband. Hopefully just the threat of punishment will be enough to get her to start taking care of her responsibilities.

 

[staceychuck]

Thanks again for the feedback...it helps a lot. But to the response of threatening her might make her start to pay...she doesn't respond to threats. She actually tells my husband to take her to court because she is their mother and nothing will or ever happen to her. And funny enough...sometimes you feel like she has a point because when no one seems to want to do anything....like when she had the boys in the bar at 1:00 in the morning and you call the police to get them out of there and they do nothing....you feel like you are going up against a brick wall. And what I have stated in this forum isn't even the tip of the iceberg. My husband is just concerned that because he is the father....how much can and how much should he push? I mean...he's a great guy. Former Marine, steady job for the past decade, and not even a speeding ticket. She's a convicted felon and she has had a DUI. All of her convictions after her children were born! Why she doesn't have supervised visitation now is beyond me. It's hard to not wonder that if it were the other way around....would my husband even be able to see his kids at all?! But anyways....some good news**************I just found out today that Child Support Enforcement could try to make her child support a stipulation in her probation...so we are going ot speak with our attorney about that. That sounds like a light at the end of the tunnel.

 

[ceara19]

Technically, she has already violated her probation. Failure to pay child support is a CRIME. There's no reason that it would need to be added as a stipulation to her probation. She's already been ordered to not commit a crime.

When she tells the judge that she isn't paying because she, "is their mother and nothing will or ever happen to her", will you take a picture of the look on her face when the judge tells the bailiff to take her into custody?

There are a lot of courts just waiting for a mother like her to make an example of in order to show that they don't discriminate against fathers.

 

[staceychuck]

Please tell us where that court is so we can be there tomorrow. I'm telling you..it is crazy trying to get the right people to make her do the right thing. Do you know that my husband contacted her probation officer about her not paying the medical bills and about her still owing past due child support and she said that there was nothing she could do unless she was arrested again? What the hell is she on probation for if she can't do anything to her unless she is arrested? If that's the case then we are all in trouble! Our lawyer said for us to wait a year and hope she doesn't pay so we can get her for abandonment.....we don't want to do that because if she doesn't pay and take care of her responsibilties what does that acutally teach the children? Not to mention it takes away from our household. I'm sorry, but last I checked, if she wants to holler out that she's their mother and she should be raising them, if it were the other way around and my husband was doing the stupid stuff she is, he would never see his kids. It's crazy. I don't understand why this is happening? My husband is a good father....he works hard for his family. She still owes him 6000.00 that she was ordered to pay per their divorce decree for bills owed during the marriage and she still hasn't paid that! He had to garnish her wages in October of this past year and guess what....she quit her job. GO FIGURE! So .....this is why i am on here trying to figure something out. We wouldn't wish this hell on anyone.

 

[Ohiogal]

Please tell us where that court is so we can be there tomorrow. I'm telling you..it is crazy trying to get the right people to make her do the right thing. Do you know that my husband contacted her probation officer about her not paying the medical bills and about her still owing past due child support and she said that there was nothing she could do unless she was arrested again? What the hell is she on probation for if she can't do anything to her unless she is arrested? If that's the case then we are all in trouble! Our lawyer said for us to wait a year and hope she doesn't pay so we can get her for abandonment.....we don't want to do that because if she doesn't pay and take care of her responsibilties what does that acutally teach the children? Not to mention it takes away from our household. I'm sorry, but last I checked, if she wants to holler out that she's their mother and she should be raising them, if it were the other way around and my husband was doing the stupid stuff she is, he would never see his kids. It's crazy. I don't understand why this is happening? My husband is a good father....he works hard for his family. She still owes him 6000.00 that she was ordered to pay per their divorce decree for bills owed during the marriage and she still hasn't paid that! He had to garnish her wages in October of this past year and guess what....she quit her job. GO FIGURE! So .....this is why i am on here trying to figure something out. We wouldn't wish this hell on anyone.

FILE CONTEMPT. Then when she is found guilty of contempt she is found guilty of a crime and the probation officer has no excuse not to violate her. Hubby needs to file against her for nonpayment of child support. TOMORROW!

 

[ceara19]

FILE CONTEMPT. Then when she is found guilty of contempt she is found guilty of a crime and the probation officer has no excuse not to violate her. Hubby needs to file against her for nonpayment of child support. TOMORROW!

Which he needs to do in the court that issued the current support order.

 

[Ohiogal]

Which he needs to do in the court that issued the current support order.

I need to remember that I need to spell everything out. Thanks Ceara for adding that!

 

[staceychuck]

Thanks again for the info. My husband is going to contact our attorney tomorrow..and see what he recommends for him to do and how to do it. And if he tells him to wait again for a year...my husband has already stated that we will take other action. Like find another attorney. I really appreciate all you taking the time to help us out in this situation. It really means a lot and I will keep in touch. Thanks.

 

[ceara19]

I need to remember that I need to spell everything out. Thanks Ceara for adding that!

I was the one that forgot to add the part about actually getting a contempt judgement from the family court so that they could PROVE the violation in my first reply, so thank YOU for adding that very important detail.

 

[staceychuck]

Get this...my husband called her today about the medical bills she owes because he went by to get all new statements to hand to her because she will not go and get them. Keep in mind these bills are MONTHS old. She has been handed copies and original bills in the past but he has yet to receive anything in regards to a payment. She stated 4 weeks ago that she wanted to go up to the doctor's office herself and get the paperwork....well now you know why my husband had to. SHE NEVER DID! Anyways...she told him on the phone that because her insurance was not filed it is not her fault. Problem...she never gave my husband a copy of their insurance card for us to give the doctor's office. And she could have taken the card up there herself, faxed a copy, or mailed a copy. She is fully aware of who their doctor is. So when my husband told her this, she stated that she wasn't going to talk about it right then, and my husband said why not....she said it wasn't a good time. He asked when a good time would be and she said she would decide. He stated, look, it's about the kids and about your responsibility and she hung up the phone. So this is where we are now....it NEVER ends. If we were to file contempt....would the courts actually do something about it?

 

[StarsMoon]

Omg....

Thanks again for the feedback...it helps a lot. But to the response of threatening her might make her start to pay...she doesn't respond to threats. She actually tells my husband to take her to court because she is their mother and nothing will or ever happen to her. And funny enough...sometimes you feel like she has a point because when no one seems to want to do anything....like when she had the boys in the bar at 1:00 in the morning and you call the police to get them out of there and they do nothing....you feel like you are going up against a brick wall. And what I have stated in this forum isn't even the tip of the iceberg. My husband is just concerned that because he is the father....how much can and how much should he push? I mean...he's a great guy. Former Marine, steady job for the past decade, and not even a speeding ticket. She's a convicted felon and she has had a DUI. All of her convictions after her children were born! Why she doesn't have supervised visitation now is beyond me. It's hard to not wonder that if it were the other way around....would my husband even be able to see his kids at all?! But anyways....some good news**************I just found out today that Child Support Enforcement could try to make her child support a stipulation in her probation...so we are going ot speak with our attorney about that. That sounds like a light at the end of the tunnel.

Not to hijack or anything.. but this woman sounds just like my hubby's evil troll.. Right down to child support being owed, medical bills, probation and dui, it goes on and on for us too. My SS's BM is the same way. She lives there in Ga.
Ya know we ought vent sometime or another considering it's like we're in the same boat...LOL .. It does help every now and again to get the frustration out...
Hope CSE helps out for ya... They're getting the ball rolling for hubby. It's a slow process..
Good Luck... and what a small world, unfortunate for the youngins, though, thats the sad part...

 

[ceara19]

Get this...my husband called her today about the medical bills she owes because he went by to get all new statements to hand to her because she will not go and get them. Keep in mind these bills are MONTHS old. She has been handed copies and original bills in the past but he has yet to receive anything in regards to a payment. She stated 4 weeks ago that she wanted to go up to the doctor's office herself and get the paperwork....well now you know why my husband had to. SHE NEVER DID! Anyways...she told him on the phone that because her insurance was not filed it is not her fault. Problem...she never gave my husband a copy of their insurance card for us to give the doctor's office. And she could have taken the card up there herself, faxed a copy, or mailed a copy. She is fully aware of who their doctor is. So when my husband told her this, she stated that she wasn't going to talk about it right then, and my husband said why not....she said it wasn't a good time. He asked when a good time would be and she said she would decide. He stated, look, it's about the kids and about your responsibility and she hung up the phone. So this is where we are now....it NEVER ends. If we were to file contempt....would the courts actually do something about it?

My ex is supposed to pay for the kids' insurance and 50% of uninsured bills OR 100% of ALL medical and dental bills if he fails to provide insurance or fails to reimburse me for insurance that I provide. He has never done any of this. The insurance issue was brought up in court a few times and each time he SWORE that he had them on his insurance. Each time he was told to provide the info to me and to the court within 7 days.

I never really pushed the issue, so I don't know what, if any, further action the court may have taken would be. However, in Texas, there is a state database available to health care providers to look up insurance information. Check with the doctor's billing office to see if they have something similar in Georgia. If so, they should be able to see if the children are covered by any insurance company and they would have the necessary billing info.

As far as the bills go, I have always sent a copy RRR to his last known address (which are promptly returned because he no longer lives there). I also submit a copy to the court clerks office and the CSE office. The court & CSE also try to send a copy to him at the address they have (which are also returned). CSE keeps a running total of the insurance premiums and bills which accrues interest just like unpaid child support. They CAN issue an order of withholding and start deducting a set amount each month for the insurance premium and and additional amount for the unpaid bills. But, since he goes out of his way to avoid paying child support, I haven't bothered.

It's like any other violation of the court order. Don't expect much the first few times you go to the court, but eventually, the judge will get tired of her not doing what she has been ordered to do and take more serious action that can include jail time.