Dad refuses to work but hasn't changed support order

[lefthighanddry]

What is the name of your state? California and Texas

My ex and I divorced in 2002. We went through a paralegal and agreed on all aspects of the divorce, including the fairly low child support he was to pay for our two minor children. One of the children has since graduated from high school, but the other is only 14. The last child support payment came from him December of 2003, except for a cashier's check sent to our daughter by his mother this summer (2005). He lives with his mother and had quit his job 2 years ago. He has not tried to work and also has not had the child support reduced. Last May I sent him a letter stating that I was moving to Texas (as I am the custodial parent) with our youngest daughter. I let her stay with him most of the summer and then she came out here to Texas before school started (I am not asking for child support for those two months). He didn't oppose the move. I am wondering what recourse I have to get back child support since he hasn't held a job. Also, he may have some money from the equity in our home in some type of investment(s). If he gets a reduced child support order because he isn't working, will they erase his back child support? And lastly, do I have to live in Texas for a certain number of months in order to go after him for back child support?

Thanks.

 

[Zephyr]

If the original order was in CA that is were subsequent court issues will be handled.

was child support being paid through the state or did he pay you directly?

 

[lefthighanddry]

When I e-mailed CA child support division, they told me to initiate here in Texas, as that is where I live now.

He was paying me directly and I have not sought getting the courts involved until now.

 

[Zephyr]

When I e-mailed CA child support division, they told me to initiate here in Texas, as that is where I live now.

He was paying me directly and I have not sought getting the courts involved until now.

Texas could handle it as there was never an open child support case in CA, you would have to file for new child support in Texas, for the arrears you would have to file for contempt of court in CA and get a judgement possible garnishment for the arrears.

 

[lefthighanddry]

What are my chances of getting anything, since he does not hold a job, nor does he intend to get a job? Is there some way to find out if he has any money in investments that can be used to pay the back child support?

 

[betterthanher]

What are my chances of getting anything, since he does not hold a job, nor does he intend to get a job? Is there some way to find out if he has any money in investments that can be used to pay the back child support?

He will have to pay that money eventually. If he continues to choose not to work, there isn't much you can do to get the money. Taxes are out of the question, since he would most likely owe. The amount will continue to grow larger each month he doesn't pay.

You would need a lawyer to do discovery and request to produce documents.