• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

She Owes $19,947.31 Advice please.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

heroof3

Junior Member
What is the name of your state (only U.S. law)? Ohio


I am a single father raising 3 children, My youngest who is 8 is insulin dependent (diabetic).

On June 3rd 2004 the mother of my children left me for a man she met online. She moved to Virginia to be with him leaving our children with me to raise.

She signed the agreed entry. granting her liberal visitation as agreed by both parties with no child support order attached.

Her relationship failed with the guy from Virgina and 16 months later she was at my doorstep 8 months pregnant with yet another mans baby. 2 years later late 2006 I took her to court for child support. She wouldn't call on birthdays prior to that she would not visit the children or even call on the phone. She was only ordered to pay $426 a month despite it being 3 kids. Despite she was making 28k a year at her job and her live in and currently still with boyfriend was making 50k a year.

In December 2008 I told her I was going to court to have her show cause why she has not paid one single red cent in child support. Before I could even file that paperwork she got an attorney and filed for a change custody lying on the motion saying I don't take care of my children and I am abusive toward them. (all 100% lies) The motion was heard and it took a year and 3 months to get through it all.

It was not well received by the court her claims. The attorney at litem did her study of my home and her home. She even monitored a few visits.
I prevailed and she ended up with only visitation/not even shared custody every Saturday from 8am to 5pm. that was a year ago and she still has not paid a single penny and does not even show up on Saturdays to see her children.

I found out last week I have cancer (I'm 35.) I told her and she then told me she had some news too. She was doing some investing on the side and on Aug 13th she well be receiving an electronic transfer of 55k.

My children will never see a dime of that money. She told me she was going to spend half the money on plastic surgery and get her teeth done.

Is there anything I can do to freeze her account or assets on Aug 13th? If I file a motion with the court it will take months to be heard and the money will be spent already. If she gets wind that I am going after her money she will find a way to hide or spend that money. She owes $19,947.31 and has never paid a penny. The Child support enforcement agency is a joke in Clark county Ohio. They have never even tried to go after her. twice in fact they got confused and thought that I was the one the owed the money to her!

Advice?

Thanks :
 


seniorjudge

Senior Member
I found out last week I have cancer (I'm 35.) I told her and she then told me she had some news too. She was doing some investing on the side and on Aug 13th she well be receiving an electronic transfer of 55k.

Hire a lawyer no later than last week.
 

Proserpina

Senior Member
Nope - there is no way you will be able to accomplish anything by Aug 13th.

You MUST go through the court system, or CSE.

You CAN request that - since she's working - her wages are attached so you can at least start receiving current support.
 

heroof3

Junior Member
Nope - there is no way you will be able to accomplish anything by Aug 13th.

You MUST go through the court system, or CSE.

You CAN request that - since she's working - her wages are attached so you can at least start receiving current support.

Yeah figured as much... It's all a wast of time. by the time I get a court hearing she will be broke again and I will be ashes.
 

mistoffolees

Senior Member
Yeah figured as much... It's all a wast of time. by the time I get a court hearing she will be broke again and I will be ashes.

First, have you contacted CPS? They may be able to do something without costing a penny.

Second, as long as she's working, you can probably have her wages attached.

As for the other issues. I'm sorry to hear about your cancer. I hope that you do well with your treatment. If, however, your survival is a concern, please do your kids a favor and make sure you have a will and/or trust set up by a good attorney so that your assets are there. If you have a family member who can serve as trustee, they may be able to keep an eye on the kids. (Legally, they probably have no rights to visitation, but Mom is far more likely to be cooperative if they are controlling the purse strings for your estate). If you don't leave a will, the money probably goes to the kids (see the intestate succession laws in your state) and Mom probably gets custody - so she would have access to your money (for their benefit, of course :rolleyes:).

If she lost custody at one point, I would look for a way to have a guardian ad litem appointed who would succeed you, but I don't know if that's possible or how you'd do it.
 
Last edited:

garrula lingua

Senior Member
Heroof,
Write/email/call your representation. The CSE will go into top gear when they get a call from a politician's office.
Tell your representative what you told us - the amt she owes, the history, your medical condition. Also add to that your efforts at getting any service from CSE and how many times you have called and requested service.

FYI, CSE receives federal funds which are intended to provide the services CSE has neglected to provide to you.
You have to COMPLAIN about CSE - your file will be marked POI or SOI (to designate political/state office inquiry), and it will jettison to the top of the pile.
CSE also has the ability to intercept monies in any account, without a judgment.
 

heroof3

Junior Member
Update. Talked to an attorney told me that we would file for contempt, ask for an increase in support due to her working and my sons condition. Said that she would ask the judge to put a restraining order on her bank account. Bad news is we can't get a hearing for months... So for the low low price of 1500 dollars she will file all the paperwork. All the money will be spent before a hearing ever happens.

Had an apointment with childsupport enforcement. Spoke with the supervisers superviser, lol. They are not allowed to seize accounts anymore. Was told that they use to do that but were violating federal law so all seize orders have to come from a judge now. Oh and due to privacy laws even though I know her bank name and account number they are not allowed to contact the bank or inquire to her asset's. Also since she is a contractor and not an employee of any company her wages can not be attatched.

Keep in mind I spent over 3,000k 4 years ago to get this worthless support order for my children.

Child support in this country is broke. Any sugestions ? :(
 

garrula lingua

Senior Member
ODJFS Online | Child Support

OP, if the address above does not work, go to Ohio child support (it's something such as job family support, ohio that is CSE.

Then, look for FIDM (that's Financial Institute Deposit Match, or somesuch close).

All states have to participate in the FIDM program, in order for the feds to reimburse the state for child support collection costs.

The Ohio site states they WILL intercept money. CSE doesn't even have to have a court hearing (Enforcement/Contempt) before grabbing the money - they notify the financial institute, then contact the NCP and see if they can come to an agreement as to how much money will be taken by CSE.

If it isn't her account, they can't do this, otherwise - what's the problem ?

Go read the CSE Ohio question and answer section about FIDM.

If CSE is fibbing to you, raise hell. Contact your representation and demand assistance in dealing with a gov agency that is refusing to do their job.
 

heroof3

Junior Member
"All states have to participate in the FIDM program" Yes this seems to be true but banks are not required to report or be part of the FIDM (this is what they told me) so the NCP has a bank account with 50k but the bull**** little bank she uses does not belong to FIDM program so I am SOL even though I have her account number. :mad:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top