What Should I Do - Springfield,NJ

Updated on December 28, 2007
F.H. asks from Springfield, NJ
15 answers

My ex won't pay his whole share of the childcare for our son? According to our divorce agreement he is responsible for 64% of it. Do I get my attorney involved or do I just get the court involved?

What can I do next?

  • Add yourAnswer own comment
  • Ask your own question Add Question
  • Join the Mamapedia community Mamapedia
  • as inappropriate
  • this with your friends

Featured Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.E.

answers from Utica on

http://www.oneidacounty.org/oneidacty/gov/dept/socialserv...

The link I just pasted is for the Oneida County Child Support division of the Social Services office. I don't know if you are in Oneida County or not, but at least it'll give you an some information. If I were you (whether in OC or not) I would call the number and at least get info as to where you should be calling and what steps you can take. Good luck!

More Answers

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

S.M.

answers from New York on

Good luck with Ex's....I would call my attorney first because that is what you pay them for and see what the next step is. Every court handles things differently. The reason why I say good luck is because they always seem to want to back out of something and they never realize that it hurts them in the long run anyway. Call your attorney and tell him first and especially do not keep anything from him. If it just started or he has never began.

Good Luck

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.S.

answers from Glens Falls on

Yes get either of the two you mentioned involved....your
ex should be held accountable...in some places, if he is
employed they can take it right out of his paycheck,,,

good luck....

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

L.T.

answers from New York on

Hi frienda

How about you call both side do it now. Childcare is important when you work. He has got to honor his part.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

R.C.

answers from New York on

Calling your lawyer to inform him/her about what is going on should be your first step....He/her can give you the best advice about the steps needed to take and how to go about it.

If you do go into court, I would request that they garnish his pay at the job which means you will get your child support in full from the courts.

Don't know what your laws are in your state...but here anyone in child support failure, can't renew their drivers license. It just takes a phone call to MV to find out if this is law in your state and to report the failure for their records.

If you are on any government assistance for you and the children, you might also want to report to them that Dad is in failure of child support. They might also go after him to correct the problem.

It's a common problem so know you aren't alone....there are laws that will protect you...so take action, try to keep your spirits up in terms of the children.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.S.

answers from New York on

I sympathize with you, F.. I am going through the exact process myself. I have taken him to court. Our next date is 1/10. I was told that because it's in the court order that he has to pay childcare, then he's already in violation of the court. They would be very willing to garnish his wages. Definitely, contact your atty to make sure you know all the steps you need to take and that you have everything you need. I am getting receipts now for the childcare I am paying on my own. This is proof of what I am paying and of what he is now owing me.

It really is a shame that we have to go through all of this. They don't realize that it's not so much for us, but for their kids. They are always put in the middle. I thought that after we got the divorce, I'd never have to go back to court with him. I never even went to get an increase on the regular child support payments to avoid going to court. He's had it really easy with me, but now that I'm going to court anyway, I'm going to ask for all that I am entitled to.

Good luck to you. I wish you all the best. Hopefully, this new year will shed some light on these men and make them see things more clearly.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

M.R.

answers from New York on

I would check into contacting or visiting the state's child support enforcement bureau in your area - Perhaps if you showed them your divorce decree and proof of how much he's been paying - they could serve him with contempt papers and bring him to court for the rest of it. I would then make sure that the child support is coming DIRECTLY out of his paycheck weekly and into YOUR hands!! (or directly deposited into an account you have for the kids).

I didn't trust my ex to pay on his own - so I've made sure that I got the state involved in making him pay!

Hope this helps!
M.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

T.F.

answers from New York on

Back to court F.! Your ex should be having his wages garnished for the court ordered child support which should include his share of the costs for childcare. If he is unable to pay voluntarily (which many don't do regardless of what the courts say) get a judgement for wage garnishment. Sometimes you gotta play hard ball, your kids come first.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.D.

answers from New York on

I've had a hard time with my ex. A lot of moms are suggesting that you have his wages garnished, but that only works if he has an employer. My ex is a contractor with his own biz and I'm sure he's making it a cash business. BUT there is still hope. I had to hire an attorney that specialized just for child support (my ex is in CA, where our marriage existed, so I needed a CA attny). If u don't have to hire an attny, go thru the courts first, cuz attnys are v.v.v. $$, BUT if you get your $$ it's worth it, so weigh the pros and cons. And since my ex didn't have an employer, any tax returns, or SS benes he was collecting, that was garnished for child support. He cudn't renew his driver's license until he paid child support and also his contractor's license. These laws are federal and are observed in any court. To get it enforced, ask the court system, your city's child support division (or if u already have an attny, they will know what to do and should do it for u). One time, my attny did this, I don't know how or what she did but she did this, I had a bench warrant out for him if he defaulted. He had to make his payments to a child support office and they would send me the payment. So if he missed a payment, they cud arrest him the next time he came in. Or, if he stopped coming in to make payments, they cudn't just go to his house to arrest him, but if he got pulled over for a traffic violation, then they can arrest him. Of course, if he ever defaulted, eventually I got the payment. It's a shame it had to come to that. Hopefully your ex isn't this bad. And lastly, sometimes the most obvious is the easiest. Ask the ex what happened, why he can't pay, did he forget? Maybe if he knows all your options, he'll pay w/o u having to go thru all this. Good luck, and if you want to let me know how it turns out, I really wish u the best of luck and hope it all turns out good for u and your child.
J.
p.s., I know this is long, sorry, but one more suggestion, call your ex's attny. It won't cost u any $$, and hopefully his attny will call him and tell him how bad it cud be if he defaults.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.F.

answers from Buffalo on

I would definitely recommend talking to a lawyer about it (if you're in the buffalo area we have a GREAT lawyer that helped us a lot, i can give you her name), and hiring them if you feel you need to. Many lawyers will meet with you once for free so you can meet them and get their opinion before you decide to retain them. or if you have a lawyer already just call to see what they think, if they're a good one they should be able to tell you if you need a lawyer or not (ours did and gave us all our options) but either way take him to court!!
It makes me so mad when men are so selfish, it's not you he's hurting as much as his own children.
It's stories like these i wish i could show to my husband's ex so she could realize how good she has it! He's payed every penny she's ever asked for, then when he took her to court for the visitation she was denying and the games she was playing (he got 100% of what he asked for, because we're not unreasonable people), she retaliated and took him for support. She found out he was grossly overpaying in support and medical care (the look on her face was priceless) and my wonderful husband agreed to continue paying the amount he was already paying so his daughter could maintain her lifestyle.
I'm sorry you're ex isn't the same... some men in this world are just sad, selfish people. I guess that's why he's an ex. But DEFINITELY take him to court, it's the only way we were able to resolve our problems and they have their ways of getting you what you deserve. I hope it all works out!!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

J.R.

answers from New York on

Same old situation. I swear we're all in the same boat. Rather than have to pay a ton for legal expenses, start by filling out a petition for violation of child support. Most courts have them on the website for you to download. (I know they do in NY) Get them notarized and send in 3 copies. Go to your court date and see what happens. If he doesn't start paying then, do it again and then a 3rd time if you need to. Most judges won't tolerate it more than that and they'll give your ex 7 days to pay the arrears in full or he can stay at an all expense paid cell for 90 days. Good luck!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

A.C.

answers from New York on

well how long has this been going on???is it just this time or always???if its always then i would get EVERYONE involved.....its not fair to u and not fair to the kids...whats gonns happen is u are gonna end up losing your daycare and then what are you gonna do???i would call you att. and see what they say and then go to the courts.....let me know what happens...
A.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

Q.F.

answers from New York on

i would call either your (or his) lawyer. yours to figure out what steps to take, or his to pretty much tell them what he's NOT sending you and let them know that you will take him to court for the money and it's in his best interest if they talk to him and have him give you the 64% of expenses that he's responsible for. you could always call your lawyer to let them know that's what your plan is (if you do that, or whatever you chose to do). you could also go to court for the child support that's been agreed upon in your divorce, i'm almost positive that as long as one court made a ruling, ANY court will follow through with it. and i know that the majority of states (if not all) will suspend (or not allow to renew like other mom's have said) their license for being behind in child support, and even arrest them. i've had a few friends who have either had their ex's arrested for not paying, or been arrested for being behind.

while you have many choices to chose from, i think going through the courts directly would be the quickest, and cheapest route. you file for the courts, then you can always call your attorney if you have to go back to court a 2nd time and feel you need them. plus, sometimes, if you go through a lawyer/attorney, and your ex isn't all that far behind in payments they'll make it a point to bring up the fact that you brought the lawyer into it FIRST, and how you must not need the money all that bad if you can just go and pay the lawyer for something you could do on your own (cheap shots!). well, i wish you the best in whichever decision you choose to take. it's definitely hard to raise a kid on your own, and it's so much harder when you know that your ex IS around and working and could easily just help you out. good luck.

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

K.Y.

answers from New York on

I wouldn't waste anytime with threats from the lawyer. Just have your attorney file the appropriate papers with the family court right away. Good Luck!

Smallavatar-fefd015f3e6a23a79637b7ec8e9ddaa6

B.S.

answers from New York on

I have been through what you are now experiencing. I would advise you to go directly through the courts. They are much better with enforcement then when I had to deal with them and you will save some money by now involving a lawyer at least for now. When the court makes a judgment and your husband does not adhere the courts now take drastic measures. They will garnishee his pay or go so far as to restrict his drivers license. So go and handle your business!!!

For Updates and Special Promotions
Follow Us

Related Questions