I have a current Child support order in place but have not recieved a payment in 6 weeks. Why is this allowed and for how long will the State allow this?
Country relating to Question: United States
State (if USA): Wisconsin
I've contacted Child Support in the past when this has happened and was told there are no laws to help us. As long as ONE payment per year is made, nothing can be done.
-Could you explain your situation a little more?Is this a court order for child support?
Is it supposed to be paid through the state or directly to you from the obligor?
Are you receiving any state aid?
Yes, this is a Court order and has been an order for many years. I have direct deposit for child support.
What do you mean by State aid?
What I mean is are you receiving anything like aid to dependent children or some other benefit where the state would then be reimbursed by the child support payments?
No. There is NO reason for the funds being held or taken. Like I said, I have contacted them about this situation in the past. I was told that as long as he is making a payment yearly, they can not go after him. I find this impossible to believe, given there is an order. But according to CS it is a State law fact. No wonder so many woman are on the "System", men are not held responsible for their children.
Dear JACUSTOMER - Typically the state will not act unless they are the ones not receiving the money for reimbursement. That doesn't mean you can't act and file a motion for contempt in the local court where the order was issued. You can also ask for attorney fees for filing the motion. If the father is not paying according to the order then he is in contempt of court and needs to be ordered into court to show cause why he should not be held in contempt. The court can fine him or even jail him for non payment but unless you act the state will do nothing. They may have some rule about one payment per year etc. but relying on the state to act on your behalf is never going to be productive. You need to file your motion for contempt and the sooner the better. There is no waiting period. Once he is behind he is in contempt unless he can produce a very good reason for non payment, which I doubt.
Can I file in the State which I live or so I have to file in Wisconsin? I want to move my case to Montana where I live but for some reason it's not allowed. Ok, I see what you are saying with contempt of Court, but I've been down this path before. I even brought it to Court in the past, but just before the hearing, he made a payment. I was told that Wisconsin Law is as follows and applied to everyone: There are no laws on a timely payment manor. As long as a payment is made during the Yearly Quraters, the State can not find them in Contempt. I don't want to waste my time and energy in Court or over money, I have a business and family to care for. I was trying to confirm if what I was told in the past aws true or not. You seem to not know either without me taking it to Court.
What is happening is that he is playing the system by purging himself of contempt. I can't offer you a solution to that problem as that would be up to your legislature to change the law. Also, you never mentioned the fact you are in a different state so I didn't address that problem. Obviously it is more difficult to deal with a situation from afar and if the case were transferred to MT the court there would have no jurisdiction over the father to find him in contempt. So unless you are willing to hound him with motions for contempt you are faced with having to put up with his nonsense. You can't force the state to act on your behalf and if the court allows him to purge himself of the contempt by making a payment then you can't force the court to make a different ruling. I agree the system is flawed but I don't write the laws or elect the judges. Whenever I have a client in your situation I simply say to them to keep the pressure on and file motions for contempt and ask for attorney fees. Sooner or later the guy will get tired of going to court but if you let him slide then he will do so and milk the system for all he can get.
Thank you for the response.This problem was around when I lived in Wisconsin, moving to MT has not made the issue. The reason I will not go after him is because of what happened last time. I could not collect Attorney fees either because he was NOT found in contempt because he made the minium payments allowed by law. The Judge was not happy with the situation but had his hands tied. I guess the Laws need to change instead of going to Court. Another time I took it to Court, I found out that by accident, a collection Agency was taking my child support instead of his money (apparently they use the same collection comapny as child support). I still have yet to get that year of monies (sigh). Oh well, I give up on injustice...they can rob my children of money but not of what's important...
I completely agree that there are many laws that need to be changed but I can only deal with what we have. Sometimes we lawyers are in a position of "shoot the messenger" but we can't force courts or support enforcement agencies to do anything or to change any laws. If a judge said "my hands are tied" they probably are because he or she can only rule based on the laws in effect. My position is that if you are behind in support you are in contempt, and while you may be able to save yourself from going to jail by paying up it doesn't mean you shouldn't still be held in contempt and be forced to pay a fine or at least the attorney fees of the opposing party. Since you aren't a Wisconsin voter I would assume any complaints you file will fall on deaf ears.
Well, I hope you are able to bring justice to some peolple in my position. Laws seem to portect the violator in most situations. Montana Law is far different. He would have lost his DL and then gone to Jail. They are very strict here. That's why I want to move my case. I can apply for TANF in MT. They will borrow the funds to me and then take them when payment comes through. Perhaps that will be an avenue that works? I'm sure the State of MT will not wait all year for one payment, specially if they are funding my monthly child support. Hmmm...I will inquire on this end due to better laws.
Wisconsin has deaf ears for one reason.....FULL JAILS. They don't have space or money to waste on child support violations. They have far worse offenders they need to keep locked up for our safety. Thank you for your advise.
Thanks for using our service - Dave
25 years experience as practicing attorney
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