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What if she won't pay?

popgoesmybraincells's picture

So it's been a hard summer for us. My grandfather went through a double-bypass in June and while improving, unexpectedly passed away. Two weeks later, I wind up in the hospital on the 4th of July with appendicitis. We are just now trying to get back to routine. Unfortunately, the SS is making things worse. He was doing SO well at the end of the school year, we thought we'd try 50/50 visitation with the BM this summer, because we knew he missed her and it would also give us a bit of a break from the past 3 years of hell. That was SO not a good idea.

I'm not sure if it's all the time with his mom, or the fact that the household has been so upside down the past few months, but I feel like we're back to Day 1. He got kicked out of his summer program. He started getting violent again towards the teachers and other kids, and would throw temper tantrums if he didn't get his way. He basically got labeled as a "bully" by the other kids and none of them would play with him.

So we had to resort to DH's aunt as babysitter, which I disapprove of, but we don't have a lot of options. DH's aunt (and his grandparents who live next door) are part of the problem because they let him get away with murder and eat all the junk food he wants and then get mad and ask DH to come get him when he gets out of control.

And when DH tries to put his foot down around them, they get mad at HIM.

I do not want to go through all this again. We've been through the therapy/evaluations/doctors/medication cycle about 90% of the time the last 3 1/2 years, and the thought of more of the same just makes me ill. It's also taking a toll financially. His medications are currently running $250 a month, not to mention the various doctor's visits every time he has a sniffle.

We are so tight financially, and I feel like I can't do anything I need for my own health because we have to pay for his medicine. The thought of more therapy bothers me too. If I thought it would do some good, I'd be OK with it. But we've tried it before and ran the therapist out of ideas (she pushed him onto someone else for yet more evaluations), so I'm concerned this is going to be money down the drain. I know you sacrifice for children, so I wouldn't mind if I had to wait a few extra months here and there for, say, new glasses or a cavity filling, but it's been 2 years since I've had new glasses (and mine are scratched horribly), and let's not get started on the lack of dental work.

The real kicker in this is the BM (isn't it always?). I found out a few months back, when looking more closely at the court parenting plan from last summer, that while we are responsible for his insurance, SHE is responsible for half of any non-covered expenses such as deductibles. Since we have a high deductible ($3K), this is HUGE. And DH's response to this? "Why should we even bother? She's not going to pay it."

BM doesn't work. BM desperately tries to live off the state and sit on her lazy hiney 24/7. She bums money, food, and anything else she can off her family in between her men. She has been trying to get DH to say SS lives with her most of the time so she can get food stamps and state-funded insurance. Uh, yeah, don't think so.

And she's stupid. She's already lost her copy of the parenting plan and has no idea what she's responsible for. She CAN work, but she chooses not to. I want to go after her for her half of the deductible expenses AS WELL AS child support, but DH and I get into huge arguments over this. He says there's no point. She won't ever pay it (and she's said as such), so why should we go through the added expense of taking her back to court? I say, she either pays or rots in jail: either way, we win.

She actually told DH when he confronted her with this. "Well, I didn't tell you to get a job and take him off of TennCare" (TennCare = state insurance). Seriously? WTF? So my DH should just sit on his butt and milk funds from the state like her, when he's actually trying to be responsible and work?

So I was hoping someone would have some advice on how to go about this. We have to send her the bill 10 days after receipt and she has 30 days to pay it? Can I go back to the previous bills or is this just from here on out? If she doesn't pay, should I wait until she has a sizeable amount she owes us before going back to court? Is it really worth all the headache and stress and money to try to squeeze blood out of a turnip?

I personally would be happy if she just refuses to pay and goes to jail, because then she's less of an influence on SS, but I'm sick of her laziness and lack of mothering/responsibility while we are broke AND dealing with her negative influence on SS.

Comments

warriorprincess's picture

I'm so sorry for all that you've gone through. I can relate on some levels. My husband's ex has not pd us the court order CS and she now owes us 15,000. She collects unemployment, lives with some guy for free, drives better cars than us, gets her nails and hair done, smokes, tans...but can't afford to give us a dime. Meanwhile, I scrimp and save, have been wearing the same disposable contacts for close to a year (can't afford to replace them now), drive a beat up car (hubby's is even worse), all the time listening to ss say how he hates his clothes, how good the food is at the bmom's house, etc. etc. My hubby to will not seem to get her to pay for anything, he only asks her for her court order support when I nag and nag him (like I should have to)...He even told me once, "I don't want Her money"...meanwhile I had to borrow money from MY parents to cover our bills...Unreal. I too want to take her back to court to force her to pay..but we don't have the money and she's been collecting unemployment for what has to be close to the max time now, so I'm sure she won't have a job or income when and if we did take her back to court. Funny how she always finds the $ to take him to the movies or out to eat when she has him every other weekend...I can't even afford to those things with my own kids. Hang in there...as you can see I too have had it. Just know that you are not the only one going through this garbage.

stepmasochist's picture

Warriorprincess can do this to. It's FREE! They go after the deadbeat and if they don't pay, they can go to jail. Some states will take their driver's license before that too.

In your case Popgoes BM may never pay. But you can wrack up the charges on the state's dime instead of your own. Also, in some (maybe most) states, if you guys qualify for government aid and get it, they tack that on to the deadbeat parent as well, with INTEREST.

You should talk to the county clerk or district clerk at the courthouse. Many have a special Child Support division. They help you for free. You can visit your state's attorney general website and there is information on there for custodial parents on how to get child support. On my state's page, there's also a top 10 deadbeat page that shows photos of non-paying parents who were recently busted and how much they owed. There's usually a few BMs on there.

Of course, this is all up to your DH whether or not ya'll will pursue this. It doesn't matter if she never pays, if you go through the state she will be held accountable and you'll be earning interest on every dime you never see and she could go to jail if she wracks up enough debt and you push for it.

HummingBirdHunny's picture

Everything that step said is very true. We have something similar here in the state I live in and once BM owes 15 grand (she is so close to it) we plan to pursue it. If it means her ass goes to jail then so be it. But as step said it is free if you go through your state attorney general. We go through a prosecuting attorney. Somehow you need to light a firecracker under your husband's butt to make him realize that he and BM made your SS so both of them (not just him) should take care of him. If BM can afford fun stuff then she can afford to do more with her share of bills.

missangie1978's picture

but in WA state we had BM's wages (when she was working) and her state welfare (when she wasn't working) garnished in order to pay child support and the 1/2 for medical.

You should find out what your state's rules are on that

popgoesmybraincells's picture

This is one of those "choosing battle" moments. DH thinks it's too stressful and not worth it to try to go through making her pay because in the end, she won't. He's getting upset because I'm trying to push him to go ahead with it, so I'm washing my hands of it all.

She doesn't actually pay child support. She managed to get out of it by saying she can't work because of her "bad shoulder" and DH agreed to not put child support in the agreement. I just don't understand why they didn't put that he's responsible for all deductibles and insurance concerning SS. It's not that I think we're going to get money; it's the principle of the matter. Rules are rules, and if you're going to sign something that says you're responsible for something, you should be. Period, end of story. DH claims that they signed it even though they both knew she wouldn't pay anything. That's just ridiculous. Why do that? Why not just say, "I'm paying for everything" in the agreement and leave it be? Why make a agreement on something you already know you're going to break?

She's not going to pay, so now I guess I just need him to refocus his efforts on figuring out how to pay for SS's medical expenses.

Thanks for the advice, though, and I'll definitely keep it in mind!

"Constantly choosing the lesser of two evils is still choosing evil." - Jerry Garcia