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.
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
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.
SS benefits do not cover nearly the same amount child support would
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.
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.
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.
Totally possible. Everything was filed here beginning of May 2009, our court date wasn't until September 2009
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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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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
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.
Oh I know...I was just in a giving mood last night
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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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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.