What does it take to get Child Support?

[Jenni_Pooh2]

What is the name of your state? CA

I have asked similar questions before and I am hoping to get a useful answer this time.

My ex-husband was ordered in 1991 to pay $271 a month in child support. This is not happening. In 2003 the DA's office served him with papers to prove that he is looking for work and then found him in contempt for not complying. The last time the DA's office went to serve him with papers his girlfriend said that he no longer lives there. (which I know is untrue) Now what? Does he just "get off" not paying or is there actually something I can do? The DA's office has said that there is nothing they can do since they don't know where he is, although the family support worker has stated that she believes he still lives with his girlfriend.

 

[stephenk]

what does your attorney say? you havent received any child support since 1991?

 

[I AM ALWAYS LIABLE]

My response:

You're going nowhere, fast. First, you're not going to get child support back to 1991. That money is gone. It's called the Statute of Limitations. Second, why are you relying on the D.A.'s office to serve him with Contempt paperwork? They may know that he lives there, but they just can't go "blasting" into the house to check out each room, and under each bed, or open each closet. It's called a Constitutional right of privacy.

You want your money? Then stop using Public resources, like the D.A.'s office, and hire a private "Attorney Service" to follow him and serve him. You'll only get child support from 4 years prior to the date you filed the contempt papers.

IAAL

 

[Jenni_Pooh2]

IAAL - I am glad you responded as you always seem to have candid, no-nonsense answers.

A bit more history is apparently needed. In 1998 the back child support of approx $25,000 was paid by his grandfather. Since then he has paid maybe a total of 6 months, one month here another there. Never consistent. The reason the DA's office is handling this is because my daughter is on Medi-Cal. I didn't know there was a SOL on child support since it is collecting interest on the amount past due. According to the DA's office he owes the full amount including any past due regardless of how far back it goes and he will continue to owe this money until it is paid in full. I did not know that I could get an attorney to go after the child support. He doesn't work any "typical" job where the income is recorded anywhere so how would it be collected?

 

[I AM ALWAYS LIABLE]

IAAL - I am glad you responded as you always seem to have candid, no-nonsense answers.

A bit more history is apparently needed. In 1998 the back child support of approx $25,000 was paid by his grandfather. Since then he has paid maybe a total of 6 months, one month here another there. Never consistent. The reason the DA's office is handling this is because my daughter is on Medi-Cal. I didn't know there was a SOL on child support since it is collecting interest on the amount past due. According to the DA's office he owes the full amount including any past due regardless of how far back it goes and he will continue to owe this money until it is paid in full. I did not know that I could get an attorney to go after the child support. He doesn't work any "typical" job where the income is recorded anywhere so how would it be collected?

My response:

Oh, okay. He owes "Public Funds". In that case, then there is no SOL, and he's on the hook forever. You see, I thought he was paying you directly - - and in that case, I would have been correct.

Now, I didn't say hire an "attorney". I said, hire an "attorney service" - - the same people who take court filings to the court for attorneys, and who also serve people with lawsuits. You can call any attorney and ask for the name and phone number of their attorney service.

They'll get him.

IAAL

 

[Jenni_Pooh2]

A bit more info....

My daughter has only been on Medi-Cal for a few months now. The back support will be payable to me but it has always been handled by the DA's office.

Can I sue him for back child support? If so, I know that his family will allow him to use part of his trust fund to pay it off. If that is the only alternative to going to jail. According to the DA's office they are trying to "find" him to put him in jail. The last time the DA's office talked to him he told them that he was working "under the table" to avoid his wages being garnished.

 

[Jenni_Pooh2]

California

I'm reviving this thread because it was never answered. At this point - do I find an attorney service where he lives to serve him? Every time he has been served, he doesn’t show up in court. What then? I don't know if this matters, but the order for support has been moved to the county I now live in (about 160 miles from where he lives). Last cs payment was approx January 2001 when I asked him to turn over parental rights so that my husband could adopt.

I know that the current monthly support would now go to the state because my daughter is on Medi-cal (because he is supposed to supply medical/dental) but prior to this year she wasn't on any state aid. Is there anything I can do about the years I've paid for braces (medically necessary) and the medical/dental insurance I paid for when it was offered by my job? Can I be reimbursed for this?