Ex is contesting Enforcement

[fedupinIL]

He could be contesting it because Indiana has different Child Support laws that probably don't benefit him!

 

[nicvic]

Well the case is just being registered in Indiana for enforcement, my state still has jurisdiction, Indiana can't modify the order in anyway. But I just googled the county in Indiana where I believe he lives and they are rated the top county in Indiana for collecting and enforcing child support orders, so I can assume that is why he is contesting the case being registered there for enforcement. It still baffles me how he can even have the right to contest it

 

[SingleMom67]

Honestly, I think the only reason (other than the obvious one I mentioned earlier) is he's contesting the transfer in order to buy time.

 

[nicvic]

that makes sense I guess, he is just prolonging the agony, LOL

 

[LdiJ]

Thanks SingleMom67, that is how I figured it worked too. I have kind of resigned myself to the fact that I will probaly never see all or any that is owed, but I refuse to ever give up totally.

I am glad that they are trying to have the enforcement done in his state maybe now he will realize he can't get away with it, but nothing is stopping him from just running to a different state. I just hope when he goes to court to contest the enforcement that the judge doesn't fall for any of the crap he may dish out

In the end you will get your revenge, even if you never get any money, because he will never be able to own anything substantial, nor is he getting any social security credits, so he is going to end up being a very poor old man.

 

[Golfball]

Well the case is just being registered in Indiana for enforcement, my state still has jurisdiction, Indiana can't modify the order in anyway. But I just googled the county in Indiana where I believe he lives and they are rated the top county in Indiana for collecting and enforcing child support orders, so I can assume that is why he is contesting the case being registered there for enforcement. It still baffles me how he can even have the right to contest it

You can *always* contest something in court. It's fundamental to due process of law.

Whether it will do any good is another kettle of fish entirely. Some motions are simply wastes of time, some aren't.

 

[nicvic]

In the end you will get your revenge, even if you never get any money, because he will never be able to own anything substantial, nor is he getting any social security credits, so he is going to end up being a very poor old man.

very true, I never thought of it that way

 

[nicvic]

You can *always* contest something in court. It's fundamental to due process of law.

Whether it will do any good is another kettle of fish entirely. Some motions are simply wastes of time, some aren't.

I can understand contesting the actual child support order or the amount that was set (this amount was ordered 10 years ago), but the contesting the enforcement of the order is what I just can't seem to understand how he has the right to do that. I know that's just how it is but it sure doesn't make sense to me

 

[Golfball]

I can understand contesting the actual child support order or the amount that was set (this amount was ordered 10 years ago), but the contesting the enforcement of the order is what I just can't seem to understand how he has the right to do that. I know that's just how it is but it sure doesn't make sense to me

Every step of the process can be contested or objected to in some fashion, including enforcement.

Even after a (presumably valid) order has been issued, a motion to reconsider can still be validly filed and heard. (Whether it does any good besides dragging things out is another matter entirely, and particular to the specifics of the case, and is impossible to tell w/o looking at the paperwork filed doing the contesting.)

Occasionally, courts do make mistakes, and as such, allowing contesting at the time of enforcement does allow the mistakes to be rectified.

 

[nicvic]

Oh I understand that mistakes happen, but not paying the child support for 13 years is his mistake not the courts, lol. He has tried everything under the sun to get out of paying, when the case first started he tried to claim that she wasn't his. I had a lawyer at the time. First off we didn't have to submit to the paternity test because in the state of Pennsylvania a child born of marriage is considered to be the husbands and he also signed the birth certificate. But I stated that I would be willing to have the tests done and my lawyer stated that he would need to pay for my transportation since I didn't drive. So the judge told him if he wanted the paternity test that he would need to pay for the tests and for my transportation if he wanted the tests done, my ex said forget it, lol. Then I was also granted some form of alimony pend lite (?). (At this time he was refusing to sign the divorce papers) So he asked the judge how can he get out of paying it and the judge laughed at him and said "get divorced", lol. After the first year of not paying there was a bench warrant set on him and that is when he took off out of state. Like I said in an earlier post he keeps moving around and everytime he gets a job he quits before the wage attachment can take effect.

I understand that there is due process and he has rights but what about my daughters rights, it just doesn't seem fair, but I know life isn't fair, lol. His hearing is next month so once I get something from the courts letting me know what happened I will let you all know. I appreciate everyone taking the time to answer my questions and allowing me to vent my frustrations