child support ?

[momself]

What is the name of your state? Missouri

I've read alot here about if the ncp is behind in cs to file contempt charges. My ex is now behind about $2000 and has recently quit/fired from his job. I have called the cs office at the courthouse before and asked about filing these contempt charges. I was told as long as he is "trying" to make payments there is nothing i can do. He is supposed to make payments of $179 month and he has been averaging about $48 month for about the past year, maybe a little longer. Would a judge uphold what the cs prosecutor has already stated to me, or is there something else i can do?

I have also seen people give advice about how if you can't afford to take care of the child you have already, don't have any more. Does it matter in Missouri that he has children he is not fully supporting but remarried last year and is taking care of his stepson?

 

[DChristian112]

As long as the NCP is making payments, whatever they may be- you cannot hold in contempt. That is how MN works anyway. If he sends you five dollars a month- the CSE will see that as "trying".
And other children from another marriage are not the factor here. Granted those who cannot financially afford children should not pop out a kid every year for 10 years, but there is no law on that. In China, however, I believe they have a two children per family law. It could be different now, as I am not up to date on Chinese law, but last I heard...

 

[momself]

Thanks for clearing that up for me.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Missouri



"I have called the cs office at the courthouse before and asked about filing these contempt charges. I was told as long as he is "trying" to make payments there is nothing i can do."

=====================================

My response:

Oh, bull s h i t!

If the Child Support Office fails or refuses to enforce the court order, then YOU file your own "Order to Show Cause Re: Contempt of Court Order."

You take the "ball" and you run with it yourself, and don't rely on other people, or agencies, who are overloaded with work, to enforce your rights. There is NO law that says that once the order is with the Child Support Office that you've given up your rights to handle things yourself. You have a Constitutional right to address your grievances in court - - YOURSELF!

The simple, plain, fact is that he's in "contempt of the court's order" - - in effect, he's "spitting" in the judge's face, and telling the judge "to take a flying leap". Judges don't like it when people spit in their faces. I always tell people, "Don't screw with the judge, or the judge's orders. The judge ALWAYS wins."

It makes little sense to say, "Well, he's trying" when he sends $5.00 per month, or ANY amount that is less than the full court order. If that were the case, then why bother with court orders in the first place?

Perhaps a few days and evenings in the county jail, with Bubba, will convince the "miscreant" to fully obey the court's orders - - but, you're going to have to take the ball and run with it yourself if you want satisfaction.

IAAL

 

[DChristian112]

IAAL

Oh, thanks for clearing that up. I was told by my CSE- which I am assuming was feeding me BS b/c they did not want to deal with it, that IF he pays a little, he is at least "trying" and contempt charges cannot be filed.
Good to know- however, I am screwed now, b/c he is collecting unemplyment through CA and MN does not do interstate intercept. My CSE said I cannot file contempt b/c venues are in process of being changed.
BS CSE. Whatever- screw his money!

 

[Boxcarbill]

Re: Re: child support ?

[
My response:

Oh, bull s h i t!

If the Child Support Office fails or refuses to enforce the court order, then YOU file your own "Order to Show Cause Re: Contempt of Court Order."

You take the "ball" and you run with it yourself, and don't rely on other people, or agencies, who are overloaded with work, to enforce your rights. There is NO law that says that once the order is with the Child Support Office that you've given up your rights to handle things yourself. You have a Constitutional right to address your grievances in court - - YOURSELF!

The simple, plain, fact is that he's in "contempt of the court's order" - - in effect, he's "spitting" in the judge's face, and telling the judge "to take a flying leap". Judges don't like it when people spit in their faces. I always tell people, "Don't screw with the judge, or the judge's orders. The judge ALWAYS wins."

It makes little sense to say, "Well, he's trying" when he sends $5.00 per month, or ANY amount that is less than the full court order. If that were the case, then why bother with court orders in the first place?

Perhaps a few days and evenings in the county jail, with Bubba, will convince the "miscreant" to fully obey the court's orders - - but, you're going to have to take the ball and run with it yourself if you want satisfaction.

IAAL [/B]

[Applause]

 

[momself]

Thank you sooooo much IAAL!

I once seen a neighbor get arrested for failure to pay the arrears, even though he was taking care of current cs. I always wondered how this happened. Is this something that would be better left to an attorney or can i do it myself?