Tatakai
Silver
Reged: 06/29/08
Posts: 52
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My stbx wife has to pay child support of $581 a month and as of now I haven't seen a dime. What if she doesn't pay and what do you do to force it? I have no clue when it comes to all this divorce and child support stuff.
Tatakai
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Jada
Platinum
Reged: 06/02/07
Posts: 3240
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File contempt of court charges and ask that it is garnished from her wages.
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chatter box
Platinum
Reged: 11/09/07
Posts: 1198
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See what she had to do in order for you to file contempt. For example in Texas X's have to be behind three months worth or $500.00. Then you can file contempt.
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asadmom
New
Reged: 05/07/08
Posts: 16
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When you file contempt charges, what happens. Is the NCP allowed to ask that child support be adjusted at that time or does he have to pay the full amount of back child support and then still be required to pay his monthly amount as previously awarded?
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Jada
Platinum
Reged: 06/02/07
Posts: 3240
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[quote]When you file contempt charges, what happens. Is the NCP allowed to ask that child support be adjusted at that time or does he have to pay the full amount of back child support and then still be required to pay his monthly amount as previously awarded? [/quote]
The contempt motion is not where a modification will be done.
If one wants a modification, they need to file separately for it. But it won't have any affect on the arrears as they will only go back to the date of filing for the modification of support, if they modify it, that is.
What they will do is add a % on to the current months support that the ncp is supposed to pay.
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EZmark
Platinum
Reged: 06/04/07
Posts: 292
Loc: Florida
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Chatter is right, find out the min time and amount needed to file first with your state laws. Go to online docket and find a case with successful motion for contempt listed. Go to courthouse, get case file and copy the motion for use as a template. You will need your bank records to prove your allegation that no money was received. Ask also for court costs and attorney fees if nec usually awarded in contempt cases. Case comes up quickly, she will need to prove she paid. Nothing else will be discussed in the hearing except that, 5-30 min. Ask that it be paid thru the state from now on and the state will file against her instead of you in the future. As a percentage there are way more deadbeat mothers than fathers, the majority of NCP females I believe. Don't accept Anything from her now unless it's a summons or subpeona from a process server, do it all through the court.
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Tatakai
Silver
Reged: 06/29/08
Posts: 52
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Talked to my lawyer and she has told me that if she hasn't paid anything by August 1 she will file contempt and have her locked up. My lawyer doesn't play when it comes to paying Child Support at all. Thanks everyone for the help.
Tatakai
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