How to Collect Child Support
Chicago lawyer Alan Pearlman has written an excellent article on the various methods to collect child support. The article is worth a look from anyone considering what alternatives are available to them to collect child support from a non-paying parent. The link to the article is here.
when calculating chid support do you count a capital gain as income
Under Rule 32 (the Alabama Child Support Guidelines) ALL income can be included for the calculation. However, the Judge has some discretion here. My experience is that they will not include a one time capital gain if you can clearly show that is what it is and is not on-going current gross income.
WILL A JUDGE STOP CHILD SUPPORT UNTIL MY EX COMPLIES WITH HIS COURT ORDER? MY EX MOVED AWAY TO INDIANA BEFORE THE LAW WENT INTO EFFECT THAT SHE HAD TO NOTIFY ME BEFORE SHE MOVED WITH OUR CHILDREN. SHE DID NOT MOVE BECAUSE OF A JOB OR MILITARY, SHE MOVED AND TOLD ME I WOULD NEVER SEE THE CHILDREN AGAIN.(http://www.parentalalienation.com) I HAVE BEEN TRYING TO HAVE A RELATIONSHIP WITH OUR 3 DAUGHTERS SINCE 1992 WITH NOT MUCH LUCK. THEY ARE 12, 14, AND 16 NOW AND ARE BUSY WITH THEIR FRIENDS AND DO NOT WANT TO COME DOWN FOR THE SUMMER VISITATION. I WENT TO INDIANA TO SEE THEM AND MY EX WOULD NOT LET ME. I WENT BACK TO COURT ALMOST 2 YEARS AGO AND THE JUDGE ORDERED HER TO PAY FOR ALL OF MY TRAVEL EXPENSE AND $500 LAWYER FEE. I HAVE NOT SEEN A NICKLE FROM HER AND IF I DON'T COMPLY WITH COURT ORDERS I WILL BE LOCKED UP. I HAVE 10+ ADDRESSES THAT SHE HAS MOVED TO IN THE PAST 10 YEARS AND AT THIS TIME I DO NOT HAVE AN ADDRESS OF WHERE THE CHILDREN LIVE. SHE HAS A P.O. BOX AS A CENTRAL LOCATION WHERE SHE GETS HER CHILD SUPPORT CHECK AND MOVES AROUND RENTING. I WAS JUST TOLD BY A LAWYER ONE TIME THAT I WOULD HAVE TO KEEP PAYING CHILD SUPPORT BUT THEY WOULD STOP SENDING IT TO HER UNTIL SHE OBEYED THE COURT ORDER. SHE HAS NOT TAKEN ME BACK TO COURT FOR MORE CHILD SUPPORT AND I MAKE MORE MONEY NOW SO I'M SCARED THE ONLY THING THAT WILL HAPPEN IN COURT IS THAT MY CHILD SUPPORT WILL BE RAISED TO OVER $1,000 / MONTH.
my ex is almost $200 THOUSAND in arrears, has been served, failed to appear, will not work, and supposedly can't be located, but does draw a VA disability ck ea month, can my children get free tuition (disabled vet dependent) and/or garnish va ck? HELP !!!
If the father of my child receives a disability check per month, will the courts draw directly from that check and give the ordered amount to me or expect the child's father to send me the money?
If the father owes arrearage can the judge change the amout in exchange for a lump sum payment?
Amber,
The short answer is technically no, practically yes. Which is to say that the law says that the arrearage is not the custodial parents to waive. It is the child's. So, technically a parent cannot waive the arrearage (or reduce it) and neither can a Judge. As a practial matter, parties reach agreements all of the time about how much that arrearage is based on the direct payments and direct support they say has transpired. So, the bottom line is that there may be a way to get it done if the parties agree. You should speak to your lawyer about this and get their opinion on how to get it done if the other parent is in agreement. If there is no agreement, then the judge is going to set the arrearage at what the records show it to be.
My husband and I have custody of his two small children. Their mother is in arrearage of over $ 7,000.00. The judge did not order her to make payments on towards that. She was ordered to pay child support, once again, in the amount of est. $ 550.00 per month. We received three months worth and now she is no longer working. I investigated on the web and found the paperwork to file for contempt petition for non-payment of support. Once filled out to whom do I send it?
Mary,
Once you've prepared a Motion for Contempt, it should be filed in the Clerk's office (Domestic Relations Divsion) of the county in which the case is pending.