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To file or not to file...


Forum: Blended Families

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  #1  
March 3rd, 2011, 09:48 AM
Rachel's Avatar Just Rachel
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We have a court order for child support. She is now in arrears over $1,300. We know she's not working, and we know that she's staying with a friend so the question is should we pursue a Petition for Contempt for non-payment or just leave it alone and let the arrearages pile on?

Thoughts?
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  #2  
March 3rd, 2011, 11:25 AM
Arachne
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I'd issue for contempt. But, I'm apparently quite... uhm... well, mean?
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  #3  
March 3rd, 2011, 11:32 AM
Platinum Supermommy
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Wow that's a tough one. I know it's easy to say go and file. But she doesn't appear stable. I mean if she isn't working on purpose because she just doesn't want to pay that would be one thing but if she's not working because she can't hold a job because of her instability that's another.

I guess my question is what would you accomplish? If you think you would get the money then I would say go ahead. Or if you'll need it later to prove neglect for any custody issues. But if it would only throw her in jail.....
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  #4  
March 3rd, 2011, 11:58 AM
Rachel's Avatar Just Rachel
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I don't know if it would throw her in jail, to be honest. I know they take your license away first, but hers is already suspended for non-payment of some old traffic tickets and she doesn't drive so that would accomplish little.

She conveniently (or not so conveniently) quit her job just days before our court hearing in December. I'm not sure if it was coincidental or intentionally. I did find out that her wages were being garnished for an old collection case (left over lease on the house she abandoned), so I'm wondering if that was why she quit her job.

I don't know what I'm hoping to accomplish, honestly except to let her know that we're not going away.
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  #5  
March 3rd, 2011, 03:21 PM
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This is a hard one. I want to say file, but it wouldn't accomplish anything, but a headache probably. Tough call.
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  #6  
March 3rd, 2011, 04:11 PM
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In some states, you go to jail. I see your point. If she not working because she's trying to get out of paying. Any chance she's working & getting paid under the table? That would definitely cause me to file.
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  #7  
March 3rd, 2011, 07:05 PM
K.A.T's Avatar Enjoying her Sticky Bun
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I'm a mean and spiteful ****** so I say file anyway.
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  #8  
March 3rd, 2011, 07:56 PM
Rachel's Avatar Just Rachel
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Quote:
Originally Posted by My2miracles View Post
In some states, you go to jail. I see your point. If she not working because she's trying to get out of paying. Any chance she's working & getting paid under the table? That would definitely cause me to file.
I don't think so. She told someone on Facebook recently that she was receiving disability. I know that they can garnish that, but since we did not file for CS through the local enforcement agency, her support order is not registered with the state yet. We have to go through a few more steps before it would be, I think.
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