Can non-payment of CS be criminal?

[mac3281]

What is the name of your state?NJ
My ex owes over 70,000 dollars in child support. He has been hiding his address from the court for 4 years and been working under the table. The probation department hasn't been able to do anything to help me. I have gone to Middlesex county courts with a motion and a two missed payment bench warrent was put on him. He was arrested and put in jail over night last April. The judge let him out, recinded the order that the other judge put on him and he didnt have to pay a penny. They gave him a 90 day review and when he didnt show up for his court date, nothing was done. They didnt even put a new bench warrent for him. The probation department said that they didnt put a warrent on him because they couldnt be sure that he was served papers. I have no idea why he is not held responsable for anything. He knows what his CS order is. He doesnt pay, hides his address and works under the table and my kids have to suffer and do without. I dont know what to do anymore. I cant afford a lawyer. Is there any legal action I could take. It seems like the legal system doesnt care because it is family law. Is there anything that would make no-payment of CS criminal? Thanks in advance!

 

[BiCkLePeAs]

I'm sorry I don't have any legal advice to offer you, but your situation sure sounds familiar. That's what I have been going thru for years. It's really sad because the children are the ones who suffer.

Good luck. I hope you find someone who can help you!

 

[Gracie3787]

This may or may not help, here is where the US Codes can be found:

www.assembler.law.cornell.edu/uscode/

I found something about nonpayment of CS in Title 18 Part I, but it says something about if the child lives in another state. I don't know if this applies to your situation or not, but it's a place to start.
Good luck.

 

[Mom 1040]

Re. 70K Back Child Support

Why isn't your local Child Support Enforcement Agency trying to collect the money for you? If you haven't filed with them, do so.

If you have ever been a recipient of federal/state aid...like welfare...the state should express an interest in your case in order to recover some of their money.

Does the Father live in the same state as the child? If not, federal law provides that prosecution may be a remedy.

You mentioned probation dept., is this guy a convicted criminal? Why isn't this a violation of his parole? Start gathering information....does he pay rent, own a car, etc.....where does this money come from?

You have to do all the initial leg work on your case. Unfortunately, there will be few people to help unless you can provide the initial guidance and perserverance to get your case noticed.

 

[stealth2]

You mentioned probation dept., is this guy a convicted criminal? Why isn't this a violation of his parole? Start gathering information....does he pay rent, own a car, etc.....where does this money come from?

Probation is what they call CSE in NJ. Don't ask me why. Any support atht's not paid directly goes through "Probation".