Posted by MarkB_MI on April 08, 2013 at 19:03:17 from (75.219.57.209):
In Reply to: Irresponsible Dad posted by showcrop on April 08, 2013 at 05:14:55:
As usual, JD Seller has pretty solid advice.
Ultimately, it's up to your daughter to get the court to enforce the child support order. This is a case where the sticky wheel gets the grease. Understand the priorities of the agency responsible for child support enforcement: Top priority goes to cases where the state is having to pay out assistance. Cases where there's a lot of money involved and the payer has deep pockets also get a lot of attention, for the simple reason that the court gets a cut of the support payment, so they can bring in a lot more revenue going after a single big judgment that a lot of small ones. And of course if the payer has a regular job, those cases are real easy to collect. That leaves fathers who are self-employed and/or getting paid under the table as the court's last priority. The amounts are often small, the state probably isn't paying for assistance, and it's nearly impossible to garnish the payer's income.
What your daughter has to do is to make herself such a nuisance that the agency will do its job to enforce the child support judgement. She should write them a letter at least once a month: "What's the status of my case?" "I want a court date for a show-cause hearing." "Has a bench warrant been issued for his arrest?" The actual content of the letters isn't so important. The thing is that when she eventually gets a court date, there will be a stack of letters in her file, evidence that she's been trying to get the agency to do its job and that they haven't delivered. The judge isn't likely to be happy about that; sooner or later he'll throw the father in jail. Dad is likely to find some assets he didn't know about once he's in the hoosegow.
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