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Conference quokka::non_custodial_parents

Title:Welcome to the Non-Custodial Parents Conference
Notice:Please read 1.* before writing anything
Moderator:MIASYS::HETRICK
Created:Sun Feb 25 1990
Last Modified:Fri Jun 06 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:420
Total number of notes:4370

289.0. "back-child support, etc." by CSC32::S_CONNOR () Fri Dec 24 1993 00:47

Does anyone out there have some first-hand knowledge or opinions about 
getting back-child support?

I have a friend (single mother, 3 kids). Her ex doesn't pay her any money, 
and hasn't for about 2 years. As he says, no job. Can she go ahead and
file a Motion to at least have it on record that he hasn't paid, and when
he does get a job, that the Court can go after him, with a garnishment or
something? I would assume he would have to report to the Court periodically
his status, correct?

When they were separated, he was working in a different state and didn't
report much of his income for at least 4 years. Now their making her libel
for the back-taxes, for he was filing a joint return I guess.

She claims that if she can't get it off her credit report, she'll file for
Bankruptcy. Plus she doesn't have a lot of money to give to the lawyers.
My advice to her was get a lawyer and *DON'T* go Bankrupt.

thanks for any advice.

	-steve C.
 

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289.1AIMHI::RAUHI survived the Cruel SpaMon Dec 27 1993 10:3624
    Best is to get an attorney on this, and get yourself some help from
    orgs that roust up non-paying NCP's. There are lots of help. If there
    is ruffly a $10,000 back pay. He is then qualifiable for the deadbeat
    parents list which the locals will proudly display his face in the
    local post offices.
    
    He cannot stay underground for any length of time with his living
    expences. So, wait till he surfaces and vola! Fire  port side guns!:)
    Things to thing about is getting his copies of his IRS filings. Getting
    simple things of where he lives, how much rent does he pay, or doesnt
    pay. What kinda car is he cruzen in stuff like that. THEN!..... you
    drop this under the judges gavel and he is tener vidials if he is
    lie-ing in any way shape of form of the matter.;)
    
    There are things like pay attachment that will pay for it all. But IF
    your friend is not truthful, and has been getting suppor all along, she
    might find herself up against the ex for counter claims and other
    retrubutions. There was a case like that here that was like the senerio
    described. And she thought she would be a funny lady. Welp.... She now
    owes him some money and she has to pay for his attorney fees, his time
    off from work and a few other incedentials. Such is life when you screw
    with the Gods.
    
    
289.2supportCSC32::S_CONNORWed Dec 29 1993 14:5513
Thanks for the reply...

How does one calculate the 10,000? What if the ex says that during period
a - x he wasn't working, so he couldn't pay the amount specified in the Decree?
Or, he had a lesser paying job, so the amount wasn't based on his new income?

Any idea what orgs chase down the dead-beat Dads. Are they empowered by 
law, or just like detective kind of guys?

BTW, I'm in Colorado, so these orgs may be different state by state.

	thanks,
		-steve C.
289.3AIMHI::RAUHI survived the Cruel SpaWed Dec 29 1993 16:1030
    If this person has not filed a motion to reduce child support and is
    not working, and has not done the proper things to cover his tush, then
    he is an open wound and your call.
    So if the final decree says he pays , say $50 per week. And he isnt
    paying, your allowed to collect. And if he is working under the table,
    you can get the IRS in his face, you have to find out what he is paying
    for rent, food, etc. Does he have any luxurie items like a sail boat, a
    snow mobile, etc? Celular phones? Many personal items must be present
    some place? Have him make a statement if income via the courts, and
    find holes with the above mentioned items. You can call info for your
    local IRS. And there is your local state welfare and child agencies to
    call. 
    
    I think the first thing I would do is:
    
    1. Get him to court on contempt of non payment, 
    2. If he cries poverty, no job, get him to get his butt out there via
    court order. Say he must interview 3-6 jobs a week. And have a letter
    sent to the courts stating that he was or was not qualifiable.
    3. Get his IRS statements for the last um-teen years or so.
    4. Find out what he is doingliving on a life style. Does he live with
    momma, a girl friend, etc?
    5. Start calling local agencies to figure out what avenues you have to
    make him pay, like the deadbeat program.
    
    
     na 
    
     p0lace? 
    r
289.4becomes debtCSC32::HADDOCKDon't Tell My Achy-Breaky BackWed Dec 29 1993 16:1415
    
    
    In Colorado, unless the amount to be paid is changed by the court,
    the amount to be paid becomes a debt payable and collectable as
    any other debt.  The "duty to pay" also includes the duty to pay
    back unpaid support payments.  He cannot be thrown in jail if he
    _cannot_ pay (ie. has no income), but the amount not paid then
    becomes a debt that can be colledted later.  Therefor the amount 
    he owes is (amount_ordered_for_each_month * number_of_months_order_
    in_effect) - amount_already_paid.
    
    
    fred();
    
    
289.5AIMHI::RAUHI survived the Cruel SpaThu Dec 30 1993 16:065
    ....alsso he cannot file bankruptcy and squash down or discharge any
    banck owed child support. Talking to one who had to file reciently and
    had that question asked.... but!! I am a custodial daad man!:)
    
    zo
289.6ROMEOS::HINDLEY_DOI Think, therefore I'm single!Tue Jan 25 1994 15:2522
    From experiences in California:
    
    As long as the father does not have a job (or works under the table) he
    is NOT subject to jail time.  The amount of arrears just grows.  He is
    not asked to look for work or try to do anything to support the
    child(ren).
    
    If the district attorney handles the collection of payments(as in my
    case) any information YOU have is desperately needed to help in
    collecting child support. i.e. where he is working, where he lives,
    etc.  Federal income taxes will be intercepted (forever - until debt
    paid) and California State taxes may be intercepted until the child is
    of legal age or by agreement of the court.
    
    The woman that is being harassed for back taxes from her ex filing a
    joint return has some protection for the law.  She needs to request a
    copy of the prior years returns from the IRS and go to a tax preparer. 
    There is a defense she can use (something like spousal ignorance) that
    in effect states she had no prior knowledge of the "wrong-doing" and is
    exempt from the penalties.  Of course, if she is the only one reporting
    income the IRS will be hounding her as the only resource to recover the
    debt.   Good luck!