Single Parents

Isn't there ANYTHING I can do?

SD is putting off paying child support with every fiber of his being. I found out yesterday that our court date (since he objected to the amount because he feels he should be compensated financially due to the fact he doesn't see DS) isn't until March 9th. I've overstayed my welcome with my family and am moving into a place for me & DS next month. I work, and while I can afford rent and bills, I'm gonna either be borrowing from my mother or taking on a second job because he isn't paying CS.

Is there ANY way I can get the court date moved closer?  They said after they establish the amount it will still be 1-2 months before I recieve anything. That means I won't be getting CS until April-May at the SOONEST.

Re: Isn't there ANYTHING I can do?

  • I find it very hard to believe that the court date you are getting is 5 months out, sorry but I just do.

    I know courts are backed up... but.. Yeah I'm not sure about that.

    Get a lawyer. If you can't afford one, then your sol.

    Many of us are living on our own paying rent without child support. Just how it is. And yes it will take awhile once you go to court.

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  • CS and visitation has absolutely nothing to do with one another so he cannot object due to non-visitation.  That being said, yes, its tough...I only got child support for about 6 months total for my DD and when her father died we got (and still don't) squat...you make it work, apply for food stamps, get on WIC, medicaid, whatever you can to TEMPORARILY improve your situation until you can make it on your own...and verify that court date, that seems crazy.

    ETA: I didn't see the first dime in CS until DD was 3 1/2

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  • That does seem like an awfully long ways out for a court date.  I just had a temporary hearing for CS and they set a court date for December.  Of course, we don't live in the same state but...idk. That seems like a VERY long period.

    Also, agree with Laurie, how in the world could he be objecting based on him not seeing DS?  I can't remember how much he's been awarded as far as vistitation, but vistitation and CS don't go hand in hand.  SD hasn't seen P since June, however, he has the RIGHT to see him no less than an hour a week.  The option is there and the fact that he chooses not to exercise his right has no bearing whatsoever on CS.

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  • I am in Ohio, and I filed in Sept 2009, didn't get a hearing until March 8, 2010, and then didn't get it going until May so it def can take quite awhile :(
  • In addition to WIC and Medicaid there is also TANF (Temporary Assistance for Needy Families)  I would suggest applying for that, it provides cash to put towards clothing, rent, bills, etc.
  • imagehocus:
    imagelaurieb602:

    CS and visitation has absolutely nothing to do with one another so he cannot object due to non-visitation.  That being said, yes, its tough...I only got child support for about 6 months total for my DD and when her father died we got (and still don't) squat...you make it work, apply for food stamps, get on WIC, medicaid, whatever you can to TEMPORARILY improve your situation until you can make it on your own...and verify that court date, that seems crazy.

    ETA: I didn't see the first dime in CS until DD was 3 1/2

    Wouldn't you get SS benefits if her BF died?

    SS benefits do not cover nearly the same amount child support would

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  • imagehocus:
    imagelaurieb602:

    CS and visitation has absolutely nothing to do with one another so he cannot object due to non-visitation.  That being said, yes, its tough...I only got child support for about 6 months total for my DD and when her father died we got (and still don't) squat...you make it work, apply for food stamps, get on WIC, medicaid, whatever you can to TEMPORARILY improve your situation until you can make it on your own...and verify that court date, that seems crazy.

    ETA: I didn't see the first dime in CS until DD was 3 1/2

    Wouldn't you get SS benefits if her BF died?

    Nope, common misconception. Everyone thinks its automatic when in reality, the deceased has to pay in a certain amount to the system in order for benefits to be given.  My daughters father was just a week shy of 23 when he died in a car accident and he had not paid enough into SS for her to get anything out.  We were denied, couldn't even collect the one time death benefit...and of course child support was cancelled immediately.  No life insurance, nothing.

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  • imagecarrieannew:
    imagehocus:
    imagelaurieb602:

    CS and visitation has absolutely nothing to do with one another so he cannot object due to non-visitation.  That being said, yes, its tough...I only got child support for about 6 months total for my DD and when her father died we got (and still don't) squat...you make it work, apply for food stamps, get on WIC, medicaid, whatever you can to TEMPORARILY improve your situation until you can make it on your own...and verify that court date, that seems crazy.

    ETA: I didn't see the first dime in CS until DD was 3 1/2

    Wouldn't you get SS benefits if her BF died?

    SS benefits do not cover nearly the same amount child support would

    I would have been happy to get anything at that time...I was in my last semester of college and working full time...luckily, she started kindergarten about 6 months after he passed, so daycare dropped dramatically.

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  • Laurie-that's interesting and it made me think of Farrah on Teen Mom.  She was lucky to get benefits.

    I always think this about SD (which is terrible).  But, given his lifestyle, I just don't know how long he will live (unless he decides to get clean).  I always wondered if P would get any sort of benefits because SD hasn't paid in for that long.  The longest he held a job was about 6 years I believe.

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  • imagecarrieannew:

    I find it very hard to believe that the court date you are getting is 5 months out, sorry but I just do.

    I know courts are backed up... but.. Yeah I'm not sure about that.

    Get a lawyer. If you can't afford one, then your sol.

    Many of us are living on our own paying rent without child support. Just how it is. And yes it will take awhile once you go to court.

    Totally possible. Everything was filed here beginning of May 2009, our court date wasn't until September 2009

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  • I live in a small country county.. I should be having a temporary hearing pretty quick. However if stbxh is in jail im not sure how long it will take...
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  • imageBMenz:
    imagecarrieannew:

    I find it very hard to believe that the court date you are getting is 5 months out, sorry but I just do.

    I know courts are backed up... but.. Yeah I'm not sure about that.

    Get a lawyer. If you can't afford one, then your sol.

    Many of us are living on our own paying rent without child support. Just how it is. And yes it will take awhile once you go to court.

    Totally possible. Everything was filed here beginning of May 2009, our court date wasn't until September 2009

    If you told me this I would believe you. I just believe about 1/3 of the crap that comes out of SFB or whichever her name is now's mouth. Sorry but just how it is. You lie once, I could get two hoots about if you consider it the truth now.

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  • Let me just say that just because child support is ordered doesn't mean he is going to pay. DD1's father is $8000 behind. I wouldn't count on his money at all...
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  • imageachase123:

    Laurie-that's interesting and it made me think of Farrah on Teen Mom.  She was lucky to get benefits.

    I always think this about SD (which is terrible).  But, given his lifestyle, I just don't know how long he will live (unless he decides to get clean).  I always wondered if P would get any sort of benefits because SD hasn't paid in for that long.  The longest he held a job was about 6 years I believe.

     Sorry, lurking.

    My H received a statement at the end of 2009 stating that if he were to file for SS, he would get (blank) amount of dollars monthly. And in case of death, his child would get (blank). I have also received one, and we are fairly young (26/28). Just thought I'd throw that out there. Otherwise, you might look into a small life insurance policy on the XH, in case something like that ever happens. I'm not sure on your options there, but just thought I'd throw in my $0.02 

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  • To the OP....my BIL just went through this with his XW. Can you file for an emergency hearing? Our County could get him in front of a judge by the end of the week, it cost a little extra to file, but just an idea.

    Good luck. 

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  • imagecarrieannew:
    imageBMenz:
    imagecarrieannew:

    I find it very hard to believe that the court date you are getting is 5 months out, sorry but I just do.

    I know courts are backed up... but.. Yeah I'm not sure about that.

    Get a lawyer. If you can't afford one, then your sol.

    Many of us are living on our own paying rent without child support. Just how it is. And yes it will take awhile once you go to court.

    Totally possible. Everything was filed here beginning of May 2009, our court date wasn't until September 2009

    If you told me this I would believe you. I just believe about 1/3 of the crap that comes out of SFB or whichever her name is now's mouth. Sorry but just how it is. You lie once, I could get two hoots about if you consider it the truth now.

    Oh I know...I was just in a giving mood last night :)

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  • imagepita2405:
    Let me just say that just because child support is ordered doesn't mean he is going to pay. DD1's father is $8000 behind. I wouldn't count on his money at all...

    Exactly....let me check my records....since October 2009, DB is $5863.31 in basic arrears to me, $412.84 in arrears to the state...

    I consistently get the "but I can't just pay my bills so I can't give you more" (I feel grateful that I get what I get but it still only helps so much)

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  • I doubt it. My friend is going through a divorce and she left her ex over a year ago. Her CS hearing isn't until January, and her lawyer told her best case is the divorce will be final by spring/summer, about 2 years later! This is all b/c the courts are backed up. HE won't pay her anything either, and she's stuck living with her mom with her 2 kids, b/c she can't afford anything plus childcare by herself. Her ex told her he won't pay her a dime until he's ordered too.
  • Five months does not seem accurate... your ex might be choosing this date. because whenever my ex goes to the probate office, he gets a court date for two weeks away... they ask what he would prefer to do as a potential date, take it into concideration, and he gets te date... two weeks out...

     my suggestion- contact the family probate office, you might need to schedule a "motion" and get him summons to court to dispute the start date of child support.. bc march might be your pretrial, and sure as *** he should be paying for his child.  and if finances really are very tight, contact legal aid, they may be able to help you as well.

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