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Can we get past CS if SM has been in jail etc?

Lost-in-lala-land's picture

Submitted by Lost-in-lala-land on Wed, 07/21/2010 - 6:56pm

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Family Court

My SK's egg donor has never paid a single dime of CS in 13 years for her 2 kids. My DH has an order for her to pay support. Problem is, the egg donor has been in and out of jail a couple times and has only had a job off and on too. She has gone on to get married and have 3 more kids and apparently is now in school. If we file for violation of child support orders, would we even be able to get anything because of her spotty work history/jail time? At this point, we just want it to go to the kids' college education.

Thanks!

Lost-in-lala-land's picture

Submitted by Lost-in-lala-land on Wed, 07/21/2010 - 7:04pm

Sorry, as far as "get anything" I know to get any money she would need to be working but we mean a judgement against her. Also, if we can get a judgement against her does that mean whenever she does work we can then collect? What if one of the children has since turned 18?

Tx mommy of 3's picture

Submitted by Tx mommy of 3 on Wed, 07/21/2010 - 7:12pm

That's called arrears or backpay or back child support and he's you have the right to still obtain even if a child has already turned 18. She should be able to pay something and if you take her to court they'd make her pay even a small amount eac month. However since she has been in and out of jail chances are even with a court order you'll never see a penny. Talk to an attorney ateast though.

IslandofDreams's picture

Submitted by IslandofDreams on Wed, 07/21/2010 - 7:15pm

Does she file income taxes? Child support that is in Arrears ( more than 2 months in my state) can be withdrawn from any Income tax refund. Call your child support office for information about the tax refund intercept.

Pantera's picture

Submitted by Pantera on Thu, 07/22/2010 - 3:50pm

Yes, you should press the issue. When she does get a job, they will garnish her wages. Also, if you can prove she works a cash job, they will enforce it just as they would a paycheck job, they just can't garnish anything. Get your arrears, don't sign off any amount, she owes it, she should have to pay it.

Rags's picture

Submitted by Rags on Thu, 07/22/2010 - 4:00pm

Sure. Prison does not aleviate obligation, school does not aleviate obligation, and unemployement does not aleviate obligation under a CS judgement from what I can determine.

It may take a life time to get the money is very small intermittent installments but you can hold her feet to the fire for ever for arrears.

Good luck.

Best regards.