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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41221
Experience:  I provide family and divorce law advice to my clients in my firm.
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My ex husband has stopped paying the court ordered child support

Resolved Question:

My ex husband has stopped paying the court ordered child support and I found out yesterday that he has quit his job and wants to move to mexico, what are my options legally to get the money owed to the 4 children ? I cant afford a lawyer
Submitted: 5 years ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

If I may ask, who has custody of the children, you or your ex-husband? Do the children have a passport at this time?
Customer: replied 5 years ago.
I have 70% custody and he only sees two of the children because the older ones will not see him because of what he did. He has a new child with another woman from Mexico. He is also heavily involved with a spanish speaking only church in which he gives much money. They are the ones who introduced him to this woman he is now with. The children dont have passports as fas as I know.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up, Dania.

The reason I asked about passports is because the courts (and the border) will not permit him to leave with the children--it takes both parents to agree in writing for either parent to go outside the US border with the children. So at least legally he cannot take the children from you and he cannot simply disappear with them in Mexico.

As for making payments to you, that is a bit more complicated. You would have to go through the courts and attempt to find out where he works so that you can try to garnish his wages for both current child support, and for arrears. You can also try to go to court for a modification of custody on grounds that there is a risk he may take the children, and try to obtain temporary sole custody--you do not need an attorney to file for this. As for ensuring he pays, that I am afraid is very difficult; he must have US assets to pursue, and if he escapes into Mexico, you won't be able to find him. One option may be to contact ICE, inform them that he has $2,500 or more in arrears owed, and see if they can cancel his passport so that he will not be able to leave, but that only works if he is a US citizen.

Good luck.
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