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I live in Kansas with my 15 year old daughter. Her mother

I live in Kansas with...
I live in Kansas with my 15 year old daughter. Her mother lives in Alabama. We have joint custody with me being primary. Her mother pays court ordered child support. Well actually that is the problem. She has not since October. I have tried emailing, calling, mailing her about this, but she refuses to respond. In fact she has only talked to my daughter for a couple of minutes during this period. The divorce was in Alabama in 2001, my daughter and I moved to Kansas in 2004 when child support was instituted. There was an order to withold from her employer that was not implemented because we agreed that she would pay. Over the years she has been late MANY times, but never like this. The balance as of today is $2450. What are my options for collecting this, and how to ensure this does not happen again?
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5/2/2013
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,514
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I am sorry to hear about the situation and understand your concern as a parent. The good news is that you will be able to collect and as a result of her inability/unwillingness to pay on her own, you could always as the Court to withhold her wages, since she is failing to comply with the agreement. This would prevent it from happening against. Since you know that she lives in another State, you can use the Uniform Interstate Family Support Act (UIFSA) to enforce the child support order. Under this law, you can:

1)Ask a court in your state to force your former spouse to pay
2)Ask a court in your state to forward the child support order to a court in the state where your ex lives, and have that state's courts and agencies enforce the order or
3)file an enforcement request directly in the state where your ex lives.

You may also want to reach out and contact your local child support enforcement agency and ask for their help. Here is the link.

http://dhr.alabama.gov/services/child_support_services/child_support_enforcement.aspx

If you are going to proceed through the court, you may want to consider retaining an attorney to help you go after her and collect, along with asking that she pay your attorney fees, as a result of having to do this. It could have been avoided if she would just pay as ordered but by her failure to do this, you should not have to come out of pocket to pay to collect money which is owed to the child. It is clear that she is avoiding you at all costs, so at this point the Court would have to step in and take action, looking to withhold her wages and even go so far as hold her in contempt and seek jail, if she does not pay as ordered.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
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Hi. I just wanted to follow up and see if you had any other questions or needed me to clarify anything ? I am here to help so just let me know. Thank you
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Customer reply replied 4 years ago

OK. Not sure you got my reply. I think I wated too long and the site timed out.


 


Thanks for the info about UIFSA. I was putting off doing anything about this because I thought I was going to have to go to Alabama in person. This should make things somewhat easier. Is there a list of recommended lawyers in the Shawnee/Overland Park Kansas area?

Jeff, not problem. I think this can be resolved in the State of Kansas, where you and the child reside. The Kansas Bar Association has an attorney referral service set up, so I would start there.

http://www.ksbar.org/displaycommon.cfm?an=1&subarticlenbr=8

You can also use sites like www.martindale.com or www.lawyers.com to find attorneys and read reviews on them.
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 29,514
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
Verified
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