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collecting on past due child support

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Stepdad13

Guest
What is the name of your state? south carolina

my wife's ex-husband is court ordered to pay child support for their two children. the order states he is to pay it directly to her. currently he is over $2500 behind. since he isn't ordered to pay his support through the court (clerk of court's office or with payroll deductions), is there anyway to collect the past due amount without a lawyer or without high costs to us?
 


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soontobemarried

Guest
I lived in Iowa, and the ONLY way I was able to do anything was to find out where he was working and call the child support recovery unit. My son's father is over $5000 behind...so I'm with you on trying to get money out of a loser.
You can have him arrested for contempt of court (i believe). I don't think it costs anything but i know there is a period of time where he hasn't paid anything before they'll arrest him.
Good Luck!!
 

Grace_Adler

Senior Member
Alot of states don't arrest people for failure to pay. What they do in some states is have a hearing and at the hearing, unless they make arrangements for a payment plan or pay the arrears in one lump sum then they can put them in jail for contempt of a court order. (Same difference as failure to pay.) I think NC is one of the states quickest to put someone in jail before pursuing other avenues to collect the money.

Anyhoo, there should be some form you can get at the courthouse. Ask them what it is called there where you have someone brought to court for contempt. Here it's called Order To Appear And Show Cause For Failure To Comply Support Order And Order To Produce Records.
 
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Stepdad13

Guest
my wife spoke to a lawyer and he told her she could go to the clerk's office and pick up forms to fill out herself (called something like rule to show cause) and it would cost her $15 for the court to serve the ex with papers. this was supposed to change the order to where he had to pay through the court instead of directly to her (so that when he doesn't pay the court is well aware). She went to the clerk's office and NO BODY in the office knew what she was talking about. In fact, they told her that in order to file a "rule to show cause" that she HAD to have a lawyer. also, they told her since her support order says he pays directly and makes no mention of what to do if he doesn't pay, then there is no way to make him pay his arrearage! thanks for the replies!
 

tammy8

Senior Member
Have her go to Dept of Social services and talk to them. Worst case is she should apply for welfare or food stamps. Then Social services should be able to help place something through the court system.

Sorry for bio fathers out there such as him. They give honestly good men and Daddy's like my husband a bad name.
 

CMSC

Senior Member
tammy8 said:
Have her go to Dept of Social services and talk to them. Worst case is she should apply for welfare or food stamps. Then Social services should be able to help place something through the court system.

Sorry for bio fathers out there such as him. They give honestly good men and Daddy's like my husband a bad name.
I am sorry but that is the worst advice I have ever heard! First of all the posters wife may not be eligible. Second, if the posters wife applies for state aide, the state will get her child support checks until she if off aide and tehy are paid off.

Stepdad, Every person has the right to appear in court pre se. Have your wife call your states bar association and ask them if they can tell you the rule on self representation in a court room. Go down to the clerks office and speak with the same person and ask her name, then ask who her supervisor is and inform them of your findings with the bar association.

Most importantly DON'T GIVE UP! This is where deadbeats start! They think, "oh, the CP doesn't know how to throw me in jail, so I don't need to pay because it will never catch up to me!".
 

Grace_Adler

Senior Member
Stepdad, I wouldn't listen to the people in the courthouse. I'm almost 100% positive she can do this pro se. How can they say I don't know what you're talking about but then say well you need a lawyer to do it? How do they know you need a lawyer if they don't know what you're talking about??? You see what I mean. They sound like a bunch of idiots there, just like here.I can't tell you how many times I have talked to people and don't even know the procedures or law. I'll give you an example. I had someone steal some checks from me, made the checks out to themselves and forged my name. The checks bounced. The sheriff issued a summons to me to come to court from the people who cashed the checks. And they knew this person personally. Well the Sheriff's Dept and the DA told me they could take me to court for the money. Well I called the magistrate and they said they can't do that. Turns out the magistrate was right and the DA and Sheriff's Dept was wrong. They don't even know the damn law!!! It's a third party check. The only person who can take the person who made it out to court is the one who the check was made out to. So just because a person has been doing something for 50 years and/or has a degree, doesn't mean they have been doing things correctly. Sorry so long, just trying to make a point.

Anyway, maybe it's possible to go to another courthouse and get them. If the forms are like the ones here, they are all the same, you just fill in the blank for the county.

Also I would do as ryry's mom suggested.
 
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Stepdad13

Guest
FYI: My wife made an appointment with a local lawyer for next week. She hopes since he is sometimes hired as Dept of Social Services' atty, he will have some suggestions for her. Her ex is also involved in a criminal case that involved DSS and his step children. So maybe this lawyer will know all of the dyanamics of this situation (custody and child support will both be an issue) and be able to help her out with his fees or at least tell her how to do this herself. Thanks for all of your help and I will keep you posted!!
 

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