need help getting child support from deadbeat mom

[noodleroo]

If there has never been a motion for enforcement, I doubt there could possibly be a warrant for her arrest. Your plan sounds good though. I'm not an attorney either, but I am a District Clerk and know my way through family law (in Texas) as far as who to contact for what.

I hope it all works out the way you want it; since the mom lives so far away it could get so expensive that it is not worth trying to enforce the order...

 

[greeneggsandham]

Quote:
thanks for the links!
I have some experience as a paralegal, but none with family law. your reply speaks directly to my question. Where I'm at now with it is figuring out, who do I call first? what paperwork/fillings need to be done? what's the next step? etc. Like I said, Im not in a position to hire a lawyer right now, and I don't mind doing my homework(as a paralegal I learned that a LOT of legal fees are accrued from simple tasks one can easily do without a lawyer)

so here's my (not fully developed) gameplan:

-have Lyon County send me the original court order
-have the Kansas Payment Center send me records of payments they've processed(there's maybe 4)
-get with MO social services and see if they can start an investigation

Your very welcome. I helped one of my sisters over ten years ago with almost the same scenerio as yours just it was the deadbeat dad. She ended up with over 30K when we found him. He was court ordered to pay around $300 a month and with intrest it really added up. It did take a while, but for her it worked out. He tried to hide in three different states.

You should be able to get a court appointed attorney that handles child support issues at no cost to you.

When you call Kansas make sure you get names of everyone you speak with and ask them what your next step should be. Just a thought your husband may have to make the calls because he is the biofather. Good Luck.

 

[phaethona]

well, I called the county courthouse where the original order is from and since it's from so long ago they have to look for it in storage, but they said they'll give me certified copies for 50 cents a page.
then I called Kansas social services because they have a child support enforcement agency, but they told me to go through MO family services. So I called MO, and they're sending me an application for enforcement services. I'm then supposed to send back the application along with the certified copies of the court order(after making my own personal copies) and they start an interstate case.

Last year my husband was laid off and we ended up having to get on foodstamps for 6 months, so I think I'm gonna get copies of our file from them, because looking at MO's child support website, it seems that they handle cases differently when the custodial parent has qualified for government assistance(heck we might even qualify now)
I read somewhere that they can charge interest in that case, not sure, but might be good to have copies on hand just in case.

so far everyone has been willing to talk to me about the situation, but I did talk to my husband last night and told him that I can do the figuring out, but there may be times where he has to be the one making phone calls, etc. since legally he has more of a leg to stand on than I do.

so hopefully things don't get too complicated from here

 

[PineappleMama]

I was just a kid but mom managed to get my dad's tax return taken away from him with no lawyer at all... she was shocked to get it... we're in Texas he's in Arkansas... so I donno if the state took it upon themselves or what... but I think it's the Attorney General that handles that stuff here... maybe you could check with your state's AG??

 

[axxell33]

Quote:
I was just browsing and ran across this and wanted to throw in my 2 cents. I just went through a divorce and my fiance is now going through a similar situation trying to get child support fixed from the father in a different state (who is uncooperative).

You have made the right steps so far. I live in Maryland and there's a pro se (self help) office in our court house with all of the legal forms for family law. They have folks there that can help you fill them out and file them correctly as well as guide you to what forms you need. I would imagine most states would offer this.

File for a contempt of court
Get your original court order
Get a record of made payments
Have your original order sent to the court house in the state you want to file now
Once the old order has been received, then you can File for a modification of child support

The next step is to let the Dept of Human Resources Child Services know that you would like to open a new child support case and they will have to perform a "discovery process" on the defendant. They will find them, and serve them by Sheriff asking to file their information. If there is no answer filed back (usually 30 days), then they will be defaulted. The state will pull tax returns, pay stubs, lottery winnings, bonuses, and anything else to determine her pay. If there is a default, the final figures will be determined by the judge.

a bit more info here:
http://www.ksbar.org/public/public_resources/pamphlets/child_custody.shtml

It sounds like she may be a complete deadbeat with no income and no intention of paying.. ever. This may get your money.. and you may never get anything and spend a lot in the process.

This process is not easy and you have many hours and day and weeks of homework ahead of you. Since you will not be hiring a lawyer, you must learn to think ahead and act as one. Branch out and ask questions to people in your community. There are usually assistance programs for low income and even 800 numbers to speak to actual lawyers. This won't happen in a month or two.. be prepared to battle this out for 6 months to 2 years. There's nothing quick about the court systems and the process of discovery. If you need money in the next 6 months, don't count on this to help you.

If you decide to go through, prepare yourself to handle the stress of it all. It is a very trying time and can drain you on the bad days. I just spent over 2 years going through a divorce and court process.. and gray hairs started popping out at 25 years old.

Anyways, I know I'm new here.. and I feel like I'm butting into someones business, but I hope this has helped some. Even though I'm in a different state, the process should be very similar.

 

[phaethona]

Quote:
feel free to butt in! This is the kind of insight I have been wanting. Since I've never been through a situation like this, hearing others' experiences and ideas will only help me along the way.

yeah, I know it's going to be a long process, I'm not looking to remedy this month's or next's financial hardships by collecting her support, but in the face of money troubles, it reminds me that we're not getting our share, that we're supposed to be getting help from her.

and yes, she is most definitely a loser, even moreso because she does have an income, she does provide for the one kid that didn't taken away from her(that baby daddy was worse than her if you can believe that). It's not that she truly cannot pay child support, she honestly doesn't feel like her daughter isn't her responsibility. out of sight out of mind with that woman.
but my point in that is that what I see happening, and my husband agrees with me, CA will suspend her driver's license, and as soon as she realizes that we've given up on simply telling her "you need to pay child support" "I know, I know", that we're serious, she will ask her wealthy father to bail her out. now, that isn't very fair to her father, but that ball's not in my court...

so hopefully it wont be too terribly complicated.

The contempt of court thing, wouldn't I only need to do all that if I want a new court order?
I would LOVE to get a new court order and have her re-assesed, but that would mean hiring a lawyer and going back and forth from MO and CA, and there's just no way I can do that at this point. So for now I'm sending the court order to MO family services child support enforcement division, and they are going to start an interstate case. I think(and hope) that it's out of our hands after that, hopefully MO will have the proper authority to notify CA and they go from there. I hope.

Anyhow, thanks for the input, I'm very open to stories, experiences, viewpoints, etc. of others, because like I said I've never done this before, so I'll take all the perspective I can get!

 

[noodleroo]

Contemp of court is about her getting in trouble for not doing what she was ordered to do by the judge in the first place. The court does not keep up with what they order in family law matters. It has to be brought back before the court (when the party ignores the order) with a motion to enforce and/or contempt for anything to happen to her to make her comply. Usually there is another consequence like jail time for not complying.

 

[phaethona]

Quote:
I guess I'm still murky on the difference in this course of action.
what I'm doing so far:
getting the original court order from KS
applying for child support enforcement services here in MO where I live
they're going to open an interstate case involving CA where the bio mom now lives

so going through family services, will they not punish her for the nonsupport? will they just tell her to pay(I doubt that would do any good)
I honestly think the only way we'll see any $ from her is if they take her driver's license and she has to borrow from her father, or if they garnish her wages, taxes, etc.
Do I have to do the contempt of court thing in order for there to be consequences?
How do I go about filing? and where?

sorry for sounding like such a dummy, I'm kinda flying by the seat of my pants here, and I'm trying to gather as much info as possible

thanks!

 

[axxell33]

Federal AND state law require that a court ordered child support amount be paid. All states will work with each other to uphold this. Here is a resource for you that may help..

http://www.supportcollectors.com/resources_kansas.php


Kansas Child Support Enforcement Resource Center

* Kansas Support Enforcement Measures
* Who Can Enforce Court Ordered Child Support in Kansas
* Kansas Child Support Services Caseload Statistics
* Interest on Missed Child Support Payments
* Statute of Limitations on Back Child Support
* Statute of Limitations for Determination of Paternity
* Age of Emancipation / Age of Majority
* How Are Child Support Payment Amounts Determined in Kansas?
* Custody and Visitation Issues

Even if the non-custodial parent lives outside the state of Kansas, the law requires cooperation between states. The non-custodial parent is legally required to make regular child support payments, regardless of where they live.
Kansas Support Enforcement Measures

If a non-custodial parent does not pay child support, he or she is subject to enforcement measures in accordance with Federal and Kansas child support law to collect regular and past-due payments.

* An income withholding order (IWO) to enable automatic payroll deduction for support
* Consumer credit bureau reporting
* State and federal tax refund intercepts
* Contempt of court actions
* Suspension of hunting and fishing licenses
* Liens may apply to real estate or to certain kinds of personal property

Who Can Enforce Court Ordered Child Support in Kansas?

The Kansas Child Support Enforcement Program is the state-run child support enforcement office for Kansas. The Department of Social and Rehabilitation Services is required by federal law to provide services through Child Support Enforcement Program (CSEP) and is funded by the federal government and the State of Kansas.
KANSAS CHILD SUPPORT ENFORCEMENT PROGRAM CASELOAD STATISTICS1
Full Time Equiv. Staff 604
Total Caseload 131,658

1 U.S. Office of Child Support Enforcement, Boxscores for FY 2005
Interest on Missed Child Support Payments

Kansas does not charge interest on missed payments but Kansas law provides for the assessment and collection of judgment interest. This rate is determined by Kansas Legislature and changes yearly.
Kansas Statute of Limitations on Back Child Support Payments (Arrears)

In Kansas, support installments due after 7/1/1981 are enforceable until 2 years after child is emancipated. With appropriate action, enforcement may be extended indefinitely. Installments due before 7/1/1981 may be enforceable, but require case by case determination. In a proceeding for arrearages, the statute of limitation under the laws of Kansas or of the state issuing the order, whichever is longer, applies.
Kansas Statute of Limitations for Determination of Paternity

Kansas requires that paternity be established by the time the child turns 18.
Age of Emancipation / Age of Majority in Kansas

The age of majority in Kansas is 18. (K.S.A. 60-1610(a))

Support is automatically extended through June 30 of the school year (July 1 - June 30) during which child turns 18, unless court specifically orders otherwise. On motion, the court has discretion to extend support through the school year in which the child turns 19, but only if both parents participate or acquiesce in the decision that delayed completion of high school.
How Are Child Support Payment Amounts Determined in Kansas?

The Kansas Child Support Schedules take into account that income deductions for social security, federal retirement, and federal and state income taxes, as well as property taxes on owner-occupied housing, are not available to the family for spending. The schedules are based on national data regarding average family expenditures for children, which vary depending upon three major factors; the parents' combined income, the number of children in the family, and the ages of the children.
Custody and Visitation Issues

Child support and visitation rights are separate issues. The court determines both and will usually order the non-custodial parent to pay support and the custodial parent to make the child available for visits.

The custodial parent must obey the court order for visitation, even if the non-custodial parent cannot or will not pay child support. The court can enforce any of its orders against either parent.

 

[phaethona]

wow, good info!

but here's where I'm confused, I called Kansas SRS yesterday and they told me they couldnt do anything since neither one of us lives in KS.
So I called Missouri's version of SRS(dss I think) and they weren't very informative at all, just said they'd send me an application for services and to mail it back with the certified copies of the original order, didn't say what happens from there.

and you're right about the state AND federal part. Since she moved without notifiying to court, is deliquent by over $500, and resides in a different state than the child, it becomes a violation of federal law. and the fact that she refuses to give us anything more than a PO box for an address, it appears to the court that she is deliberately fleeing from the obligation of child support.