What too do?

[oppsworld]

What is the name of your state?What is the name of your state? Utah

I need some advice. When I left my ex (abuse) I asked him what he thought was fair to pay for support for our 3 children, he said 500.00 per month and I agreed. We had a business that brought in well over 100.000 per year, I wasn't trying to take him for everything he had I even signed over the business that was in my name to him. I had never worked outside of the home, and I didn't even ask for alimony. So knowing what he was like, I filed the papers to collect the child support through the state. Needless to say that didn't help at all, he pays when he feels like it. We have been back to court a few times, and my atty brings it up and he agrees that he is behind (6 +months) and he tells the judge that he is working on it. The judge never does anything meanwhile his kids get no support from him. I am remarried and my husband takes very good care of us and never complains (even though I feel like it's a burden on him). My ex says that we have enough money and he doesn't think he needs to pay child support. So what can we do when the court system won't help out at all, and he holds all the cards?

Thanks

 

[legalcuriosity]

What is the name of your state?What is the name of your state? Utah

I need some advice. When I left my ex (abuse) I asked him what he thought was fair to pay for support for our 3 children, he said 500.00 per month and I agreed. We had a business that brought in well over 100.000 per year, I wasn't trying to take him for everything he had I even signed over the business that was in my name to him. I had never worked outside of the home, and I didn't even ask for alimony. So knowing what he was like, I filed the papers to collect the child support through the state. Needless to say that didn't help at all, he pays when he feels like it. We have been back to court a few times, and my atty brings it up and he agrees that he is behind (6 +months) and he tells the judge that he is working on it. The judge never does anything meanwhile his kids get no support from him. I am remarried and my husband takes very good care of us and never complains (even though I feel like it's a burden on him). My ex says that we have enough money and he doesn't think he needs to pay child support. So what can we do when the court system won't help out at all, and he holds all the cards?

Continue to file contempt charges against him. Does your order state when (a date) your ex is to pay? See if you can ask the Court when you file for contempt next time if your ex can pay a (x) amount on the date of the hearing. He doesn't hold all the cards. You hold some as well. You should contact the court to see what other action you can take against your ex. Since you have to pay your attorney for this stuff, make sure you request that your ex reimburse you for your lawyer and filing costs each and every time you file contempt charges. You should be asking your lawyer what additional action you can request the court to take. Has the state considering putting a lien on any bank accounts?

What your ex thinks in regards to your current financial state with your new husband is irrelevant and he should know that.

 

[oppsworld]

Because he owns his own business, it just says he is to pay 500.00 per month. We have tryed that with the courts and he tells the judge that he hasn't been doing any work (which is a lie he takes the kids with him to do jobs). He also hasn't gotten a business license so they can't track him. I have told him that our finances are none of his concern, and that the only concern needs to be HIS children. My current husband wants us to talk about him just not paying anymore and that he will take care of them. But I don't think it's fair to let this dead beat dad off the hook. He never has to pay for the atty fee's boy have we asked! He hides all his money though his family, we have tryed to lein everything he has, as well as the state.

 

[legalcuriosity]

Because he owns his own business, it just says he is to pay 500.00 per month. We have tryed that with the courts and he tells the judge that he hasn't been doing any work (which is a lie he takes the kids with him to do jobs). He also hasn't gotten a business license so they can't track him. I have told him that our finances are none of his concern, and that the only concern needs to be HIS children. My current husband wants us to talk about him just not paying anymore and that he will take care of them. But I don't think it's fair to let this dead beat dad off the hook.

I am not familiar with business dealings and the such, but maybe someone like LdiJ and/or Stealth or others who have experience with this can tell you what you can always request your attorney to subpoena, file, etc. I can't imagine just because he doesn't have a business license doesn't mean his booking can't be subpoened. I am not clear on that.

As far as your husband commenting, have you and your husband even inquired about adopting the child and requesting the biodad's parental rights be terminated (make him pay up first). From what I've seen others post, wouldn't he qualify for an adoption credit or something like that (I think I've seen brisgirl mention something like this). Look at your state's guidelines regarding termination of child support and what's classified as 'abandonment.' This info should be easily obtainable by doing a search for your state laws regarding this. I am sure others will have more info to offer.

 

[VeronicaGia]

What is the name of your state?What is the name of your state? Utah

I am remarried and my husband takes very good care of us and never complains (even though I feel like it's a burden on him). My ex says that we have enough money and he doesn't think he needs to pay child support. So what can we do when the court system won't help out at all, and he holds all the cards?

Thanks

so you're upset that your ex doesn't pay support, yet it sounds to me like you don't work to support your kids either! Your husband is not responsible, you are and your ex is. What if your ex decided to be a stay at home parent while his new wife worked? Would you simply disregard support from him altogether? That's what you're asking him to do....he is not solely responsible for the kids you also created.

 

[haiku]

the court uses many things to figure a self employed persons income, they don't just take thier word for it.

Tax returns from current and prior years, 1099's, bank balances etc....

 

[oppsworld]

I see everyones point of view. I was working to support our children, he is responsable to pay 1/2 of child care. Our youngest just turned 4 and we have a 6, and 8 year old. I have only one child that goes to school all day the others don't. My ex would NOT PAY FOR HIS PORTION OF DAY CARE!! We got stuck with the bill every month, and after paying for his share I was making nothing (it was costing us more money to have me work). Thats why I don't work, not because I expect my new husband to take care of us (or my ex). I think any person in their right mind would see that it is pointless to work it you are having to put out more money than you make. When I left him I worked non stop with no support, and paid for everything. I never got a dime from him for our kids and I have never been on the welfare system. He doesn't keep any records of anything, and hasn't files for taxes in years. He doesn't have any of the bank accounts under him, thats how his family helps him get out of it. In no way shape or form do I think he is the only one to be supporting them, myself and my husband have been doing that not my ex. Although if he is going to call himself dad, he needs to take ALL the responsablity that comes with it, don't you think? We have asked about the adoption thing, but my ex say's no and he see's them every other weekend(not steady but he is seeing them).

 

[Zephyr]

I'm sure the irs would be interested to know he hasn't filed taxes for years...

 

[oppsworld]

I have contacted the IRS, and gave them all the information. I have contacted the city that he lives in and told them he doesn't have a business license. They issued him a ticket and he never paid it or showed up to court. They went to his house and took him to jail, he paid the bond and the judge let him go. The IRS hasn't done enything that I know of, and I was able to give them a ton of info. Thanks for all the advice!!

 

[oppsworld]

Thanks for eveything!