Personal, nonlegal?

[kw0602]

What is the name of your state? AL
I have been married for 3 years. My wife and I are very happy together. But.... I have had custody of my five and six year old for 18 months now. She still has mixed feelings about it, but she is very good with my kids.

My ex is ordered to pay $130 CS/mo. Hardly enough to feed my kids for a month! Anyway my wife is always on me about her no sending us CS. My wife and I both agree that we are not in need of the money.

I have talked with my attorney about this issue. He has told me that my ex will be held in contempt and may go to jail. As much as I would like to see her go to jail for nonpayment, I do not want my kids to feel like I have wronged their mother in any way. They are too young to understand and I know my ex will tell them that daddy sent her to jail.

On the other hand, I have see my wife every day. Together we have very few problems, but when it comes to my kids we don't always see eye to eye. I wnat other opinions about this matter. The money is not actually the issue with my wife, she just wants my ex to suffer like she has made me and my kids suffer.

 

[Boxcarbill]

The number one cause of failed first marriages is money.
The number one cause of failed second marriages are children from the first marriage.

 

[Lil Miss Smarty Panties]

You have to live with your wife, not the ex. You have to make her happy, not the ex. You keep the peace in your own home with your wife and you do not worry about what may or may not happen to the ex. Your ex did this to herself, not you. And your current wife should not suffer for it.

This is coming from a step mom who has been there.

 

[bethdetroit]

Maybe you can take the ex to court for nonpayment, but ask the judge to impose a fine not jail time. Let the judge know if the mom goes to jail it is bad for the kids.

take care, beth

 

[VeronicaGia]

Maybe you can take the ex to court for nonpayment, but ask the judge to impose a fine not jail time. Let the judge know if the mom goes to jail it is bad for the kids.

take care, beth

I agree with Beth. You can ask that the judge not put her in jail this time, but that if she refuses to comply with the court order again, you will ask for full punishment, even if it means jail.

Is there a wage garnishment order in place for her employer? If not, you need to get one. If so, when was the last time support was paid? When was the last time support was modified?

I applaud you for not wanting to put her in jail, but she does need to financially support the children too. If she's not even trying to comply, not even trying to help, you can use jail as a last resort. While your kids may not understand why she's in jail, it could be a lesson to them that when people break the law, this can happen. No one is above the law.

 

[kw0602]

She does have wage garnishement but she will not turn in the order to have them garnished. She does not work. She is on disability. I would love to see her in jail, but for my kids sake, I don't want her putting any more bad ideas in their heads. She has done them enough harm!

 

[megmoncada]

If you are not in need of the money, than let the courts handle it. don't press the issue. The court will find out about her not paying, and deal with it.
To make things eaiser for you with your wife explain to her that you are being the better parent than your ex by not fighting fire with fire so to speak. It is hard on the children when both parents are childish.
Don't get me wrong you should get the money, but I would let the court handle it.

 

[VeronicaGia]

She does have wage garnishement but she will not turn in the order to have them garnished. She does not work. She is on disability. I would love to see her in jail, but for my kids sake, I don't want her putting any more bad ideas in their heads. She has done them enough harm!

Contact the court and ask them to send the garnishment directly to them employer. I don't understand why the court didn't do this in the first place. Or, ask them if it will have the same effect if you made a copy of the garnishment order and sent it directly to the payroll department of her employer.

You can also contact the employer and ask if they have received the garnishment information. An employer cannot defy a court ordered garnishment and can be fined or made to pay the support themselves.