child support

[jc05]

What is the name of your state? AZ

My ex stop paying child support since he got a girlfriend. He gets to see his daughter because my daughter loves her grandma and I let her go visit her. How can I make him pay child support? The state is suppossed to make him but so far his not paying. I went to the court and they told him if he didn't pay me he would go to jail and his free as a bird. It's not fair I didn't had my daughter alone it takes two people to make a child he should help me.

 

[TNBSMommy]

To add to what legal said, tell the CSE you want to bring him into court on contempt charges... my ex refuses to pay, We have gone to court more times than I can count... we went in January of this year, the judge told him, "I don't like putting people in jail for nonpayment of CS, because it defeats the purpose, but there comes a point where nothing else is working." and sentenced my ex to 2 days a week jailtime for every friday his CS check wasnt in the system... of course he still hasn't paid one penny.... We were supposed to go for a review April 4, but he got out of it due to a "death" (that didn't happen) I am waiting on a new court date now....

Another thing, when you do finally get him into court, ask for a review in a couple months, that way you have a court date, and don't have to wait months for another one.

Good luck!

 

[Ambr]

Child Support Guidelines for AZ

http://www.supreme.state.az.us/childsup/

Application for child support services

http://www.de.state.az.us/dcse/forms.asp

 

[Summerland45]

legalcuriosity

What is the name of your state? AZ

My ex stop paying child support since he got a girlfriend. He gets to see his daughter because my daughter loves her grandma and I let her go visit her. How can I make him pay child support? The state is suppossed to make him but so far his not paying. I went to the court and they told him if he didn't pay me he would go to jail and his free as a bird. It's not fair I didn't had my daughter alone it takes two people to make a child he should help me.

I have been to court more times than I can count. I live in KS and supposedly it looks better for the CP to be in court when trying to enforce c.s. I don't think they took into consideration that I used 40 hours of vacation coming to court back and forth 60 miles one way. Most of the time that particular county couldn't locate my ex to serve him with papers and I wasted my time, nothing happened in court, they said he had to be served and appear in person. He had an attorney but it didn't work for them to serve the attorney, they had to serve him. In the end, I filed a motion on my own to move the c.s. and cusotdy jurisdiction to the county I reside. I had to go to the county we got our divorce in and motion to move it to where I live. That got his attention, low and behold, he showed up in court. He objected. They allowed the move and I won the motion!!

This county is not much better, but at least it's smaller and people don't get lost in the shuffle. The court trustee here said a man can't be thrown in jail for a financial debt which I found very interesting. He has a warrant out for himself for failure to appear on a review hearing. He lives in another county and I think the reason they don't pick him up is because he is working and might jeopardize his job. I agree, I would rather have the c.s. coming in than the satisfaction of him going to jail. His credit is ruined and he'll never get a loan or amount to anything as long as he is $6,000 in debt to me. I do keep my c.s. case open with SRS, they are the only ones who can enforce the income tax refunds being sent to me. If I would close it, I might not get it re-opened.

Hang in there, eventually he'll get caught and have to make a decision to pay or be a dead beat all his life. It's hard to sit back and take all the support on your shoulders, but the way I see it, when my son is 30 he'll look back and see who supported him and who was at all his football games and who struggled working two jobs to make sure he got to camp and football camp etc etc etc and who was the lazy bum who did nothing at all!!

Take care and good luck
Summerland45

 

[brisgirl825]

I have been to court more times than I can count. I live in KS and supposedly it looks better for the CP to be in court when trying to enforce c.s. I don't think they took into consideration that I used 40 hours of vacation coming to court back and forth 60 miles one way. Most of the time that particular county couldn't locate my ex to serve him with papers and I wasted my time, nothing happened in court, they said he had to be served and appear in person. He had an attorney but it didn't work for them to serve the attorney, they had to serve him. In the end, I filed a motion on my own to move the c.s. and cusotdy jurisdiction to the county I reside. I had to go to the county we got our divorce in and motion to move it to where I live. That got his attention, low and behold, he showed up in court. He objected. They allowed the move and I won the motion!!

This county is not much better, but at least it's smaller and people don't get lost in the shuffle. The court trustee here said a man can't be thrown in jail for a financial debt which I found very interesting. He has a warrant out for himself for failure to appear on a review hearing. He lives in another county and I think the reason they don't pick him up is because he is working and might jeopardize his job. I agree, I would rather have the c.s. coming in than the satisfaction of him going to jail. His credit is ruined and he'll never get a loan or amount to anything as long as he is $6,000 in debt to me. I do keep my c.s. case open with SRS, they are the only ones who can enforce the income tax refunds being sent to me. If I would close it, I might not get it re-opened.

Hang in there, eventually he'll get caught and have to make a decision to pay or be a dead beat all his life. It's hard to sit back and take all the support on your shoulders, but the way I see it, when my son is 30 he'll look back and see who supported him and who was at all his football games and who struggled working two jobs to make sure he got to camp and football camp etc etc etc and who was the lazy bum who did nothing at all!!

Take care and good luck
Summerland45

I used to live in Ks where my ex has gotten into $13,000 worth of arrears. I was under the impression that, atleast in Sedgwick County, jail is an option. They do work release. It's a great solution for these types of issues. If they don't pay, they go to jail at night and spend the day in a work release program. Then the Court Trustee garnishes those wages.
He is currently on probation for 3 yrs and if he fails to make a payment or quits his job, he goes to jail.
I'd ask the Court Trustee about that.

Good luck
Sarah

 

[Summerland45]

I used to live in Ks where my ex has gotten into $13,000 worth of arrears. I was under the impression that, atleast in Sedgwick County, jail is an option. They do work release. It's a great solution for these types of issues. If they don't pay, they go to jail at night and spend the day in a work release program. Then the Court Trustee garnishes those wages.
He is currently on probation for 3 yrs and if he fails to make a payment or quits his job, he goes to jail.
I'd ask the Court Trustee about that.

Good luck
Sarah

That is where my case began originally was in Sedgwick county. There are so many dead beats and court cases, they can't keep track of them all. My ex was also put on probation there for 2 years, he had to notifiy the courts of any and all changes within 24 hours of the change. He quit two jobs and moved 3 times and never notified them of anything. It might also depend on who you get under your letter of the alphabet, the one lady who we didn't have as our trustee was very very organized, knew everything front to back and the one we had, was very unorganized, held up the court docket because she didnt' have information the judge needed etc. Belive me, I learned a lot sitting in court listening to the other cases. The probation thing didn't stick, they never hauled him in and the one time the were going to send him to work release, they couldn't ever get him into court, and then when they finally did serve him, he filed for custody of our son. That sorta put a hault to the child support issue until the custody thing could be resolved. I worked the system to my advantage, I strung that out for a year.
In the end, he didn't show up for the evidentiary hearing, but the judge wouldn't throw the motion out because his attorney was there. Boy was he mad!!! Another 6 months they continued the case and I allowed my son to spend the summer, well actually let him have custody so he didn't pay support, only our son made it 4 weeks and was so bored he begged to come home. In August, at the court hearing to determine where custody stayed, he dismissed the whole motion!!! What a loser! Custody was returned to me and child support resumed, but the child support issue from the court trustee's stand point was kinda a mute issue, it had been long enough then the 2 year probation had ended. That's when I filed my motion to move venue to another county and like I said it's not much better, but at least your not a number and don't get lost in the shuffle. I figure, I am the winner any way you look at it, I have the best thing of all, our son and a wonderful relationship with him and all the memories we make on a daily basis.

Thanks for the reply!
I enjoy hearing and reading the different situations
Summrland45