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Forum: Divorce and Separation


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March 3rd, 2010, 11:51 AM
stardusthealer's Avatar Super Mommy
Join Date: Jun 2008
Location: New Brunswick, Canada
Posts: 642
I went to court in January regarding child support the judge gave my ex crap for only paying me 300.00 a month. He is arears over 4 grand he is suppose to be paying 1040 a month. My ex said well I have bills the judge said ya we all do but the kids come before your bills. So he said ya I agree but where is this money coming from. The judge said umm you. The judge then asked my lawyer if he could think of anyway for my ex to pay the arear so my lawyer said ya add another 300 a month to make it 1300 until the arear is paid off.
The credit him what he paid me in January (the 300 dollars) He was suppose to start paying in Feburary which he hasn't he continues to pay the 300 a month. I emailed my lawyer to let him know so my question is what is usually the next step? Wouldn't he get in trouble for not following the court order? My lawyer wanted to see if he would pay it on his own which I knew he wouldn't so I think they will evenually have to garnish his wages.

  1. Mom to Arielle13,Tyler 10.5, Dylan 8.5 and Autumn Rayne 21mths and Step dd Nevaeh 3

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March 3rd, 2010, 12:44 PM
KrazE's Avatar ShutTheFrontDoor
Join Date: Apr 2009
Posts: 2,546
They can hold him in contempt and even put him in jail. Ultimately what you want is to have whatever enforcement agency is in your state to enforce the order which includes garnishing his wages.
Ask your lawyer to have the order drawn up that states (basically)

"Unless the order is withdrawn from the director's office, it shall be enforced by the director and the amounts owing under the order shall be paid to the director, who shall pay them to the person to whom they are owed"

Ensure that the arrears are clearly spelled out (the total) plus how that is to be paid (the monthly installment amounts) on top of the base amount so... 1040 due X day of each month in addition to arrear of support fixed at X amount (4000 or whatever that is) to be paid in monthly installments of $300 each commencing on (whatever date the judge stated) and continuing on X day (the date that child support payments are due typically) thereafter until paid in full.

Also ensure that you request to be given a copy of any notice of assessments yearly when he has filed his taxes. This will allow you to compare what his projected amount for support was and adjust it accordingly.

Hope that makes sense!

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