I'm here to help people, so please feel free to ask more questions after you accept, or ask for me by name in the future on a new question. I just wanted to let you know my power is fluctuating, and that I won't be working tomorrow.
This gives me some time to expand on my answer. If you try to file a police report and they laugh at you, make an appointment to see a local deputy prosecuting attorney (they may call it district attorney or something similar). Sometimes they will accept a police matter (it's kind of like going over the heads of the police if the police turn you down).
If you are able to get law enforcement's participation, if the prosecutor feels that he or she will be able to prove criminal conduct, yes, the mother would be published criminally. (Don't expect much of a sentence, however, especially if she is a first-timer).
So, what I'm trying to explain is that whether criminal charges will go forward will depend on whether your local prosecuting attorney (district atty) believes that he or she can win a case.
They may, however, agree to conduct an investigation and attempt to find the child.
Try to get your child's name placed on NCIS (I'm getting forgetful, but I think it's the National Crime Information something something). Once your child's name is XXXXX XXXXX list, PA police may be able to join the hunt, get warrants, etc.
Also, check into Amber Alerts. I know they're related to missing/kidnapped children, but honestly, I've never personally been involved with one of these.
Now, the example I'm going to present to you is extremely generic. It's for modifying child support. In your case, your motion will be for sanctions, changes to visitation and custody, and modification of child support, or something like that (don't make the heading too long, but be sure you cover each item).
When you go through the sample list, write a number, and then one fact per sentence. I've shown an example. Use chronological order.
You may attach anything you want as an exhibit, but number the exhibits and only provide copies, never originals.
You will need to mail this to the ex's former atty first, unless you're sure she's no longer represented. If she's not represented, send it to the last known address.
You may also need to publish in your state and PA.
OK, again, this is an example. Where it refers to "you" or in "your case," keep in mind that that was something I wrote for another customer, not you, ok?
OK, first pull out your file of documents and find the most recent order or motion.
What you're going to do is write a Motion to Modify Child Support (or, in your case, you could call it something like a Motion to Stop Paying Child Support).
Come up with a form that looks somewhat similar to your previous documents - especially if you have one written by an attorney. The format is not that important, but do try to leave at least 4 inches on the top of the first page, and one inch margins all around.
Now, in your motion, you'd say something like this:
[YOUR FULL NAME] moves this court for an order [modifying or stopping or whatever is most appropriate] his child support obligations. This motion is based on the following declaration [and any exhibits you may have, IF you have any evidence to present to the court].
- 1. I, [YOUR FULL NAME] am over 18 years old and otherwise competent to testify.
- 2. I have been paying [$amount] per month since [date] in child support on behalf of my son, [name].
- 3. The court ordered me to pay child support while [son's name] attends college.
- 4. To the best of my knowledge and belief, [son's name] is not longer attending college.
- 5. Anything else you may want to say that would be important for the court to know.
The above statement is true and complete to the best of my knowledge and belief.
Signed August X, 2008 in [name of city], [state].
[YOUR PRINTED NAME]
Now, take this motion and any attached exhibits and make three or four copies (I always make extras). Mark the original as "original" (preferably in red) and mark the copies as "copy" (any color).
Go to the court with your calendar and cash, in case there is a charge and they don't take checks or charge cards. Take the original and copies, of course. (If you are far away, you'll have to call them and ask how to do this by mail) and get the clerk of the court to help you set up a hearing date and time for the court to consider your motion. Ask the court clerk if you need to provide the judge with a "bench copy," and, if so, ask for the local instructions.
Now, mail a copy of both the notice of the hearing AND the motion with any attachments to the "other side." This will be an attorney if your ex is still represented. Otherwise, just mail it to your ex. It's safest to mail this to your ex by certified/return receipt mail so that you have a paper trail that you mailed it. You can even photocopy the envelope before mailing it, just in case there's any doubt raised by the judge if your ex doesn't attend the hearing.
A few days before the hearing, make sure that the judge gets a "bench copy" of what you filed, with the date and time of the hearing on it. Ask the Court Clerk for the rules in submitting this to the judge.
Then, of course, be sure to attend the hearing and present your case.