My ex owes years of court ordered support and is now on probation but his officer allows him to go 3-4 months.
My ex husband neglected his court ordered child support for years, and thanks to the attorney general's office, is now on probation. He is supposed to go to jail if he misses payments, but his officer allows him to go 3 and 4 months without payment. All he has to do is say, "I don't have the money," and it's overlooked. This is hard on me as I try to count on the steady income for my kids' needs. Would a family law attorney contact the court appointed probation officer for me and ask her to tighten the reigns a little, or is this not done?
- IN POLv 61 decade agoBest Answer
This is a common complaint that probation officers hear in child support cases... The probationer isn't paying, and the other party is understandably upset and wants "something" done about it...
But what is that "something"?
As someone has already pointed out, if the PO puts your ex in jail, you definitely get no money... At least, the way you describe it, you're getting some money every 3-4 months, even if it's not what the Court ordered...
The PO is in a tricky situation, trying to determine if your ex is unwilling to pay, or if he's unable to pay... And she doesn't have a lot of constructive options either way... She's probably trying to get you what money she can out of him, and trying to keep him out of jail and in whatever degree of employment he's in to get a little bit of money to you for as long as possible...
Your frustration is certainly understandable, but having an attorney contact her would be pointless and counterproductive...Source(s): 12 years as an Indiana probation officer
- LCLv 51 decade ago
There really is nothing left to do but have him thrown in jail and if that happens child support for that time period (in some states) stops until his out date (I know).
No one can rely on child support unfortually because no matter what it's not reliable.
You can contact an personal attorney of your own and try and serve him with another motion to go in front of a judge on his arrears of child support but ultimately he will not get away with this. This is something that will be with him until it's paid up so eventually he will pay. What about taxes? He has to file, you should be getting those.
- Anonymous1 decade ago
I don't know, but you are divorced for a reason. Apparently he's unreliable, so it's probably best to not rely on him giving you any child support, hard as it is.
Could you have his butt hauled in when he misses payments? But then again, you won't get a dime if he's sitting in jail. You'll actually be supporting him with your hard earned tax money. Maybe best just to let him loose and forget him.
- JanstLv 41 decade ago
sooner or later this will catch up with him. He will have to pay. He can run but he can't hide. Even if you children become of age and he owes back child support you still can collect this from him as long as he owes this you can collect. He can not out run this. As long as your children needs are met I would just sit back and watch. Your time will come. Don;t waste you money on lawyers! All you do is line there pockets with your hard earned cash. Sooner or later your bum of a ex will pay!
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- fiorilloLv 43 years ago
rules variety from State to State. He would be unable to conceal his earnings tax data. Make him produce them in courtroom. Ask the IRS to inspect him. Ask the District lawyer to inspect... faster or later he will have had adequate, and could start up paying. Have the courtroom order that the employer, which will pay him a gross sales, be directed to pay newborn help to the Sheriffs dept each month. The sheriff will supply it to you. If he fails to grant it to the sheriff, he is going to detention center.
- poodle momLv 61 decade ago
well, speaking from experience with a man that never paid a penny to help with our son...once he goes to jail, then what? your chances are better if he is out, and can work. once he is in prison, you get nothing!
- Anonymous1 decade ago
if he is in jail u get nothing...what is the point of that???