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I need your input...what if wh is a deadbeat?

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mj052 posted 2/15/2014 12:53 PM

Working on my ducks for a blindside. I have an amazing attorney and I'm saving money for a retainer. I can't call him and ask him this question-my wh is monitoring my cell phone.

My problem is this: My wh goes from job to job- very unstable professionally and emotionally! He told me from the very beginning that the ow has a house free and clear from her second divorce and is currently divorcing husband #3- she always told my wh that they could move into her house and he'd never have to work again- and live off her retirement! They really deserve each other!!

My question is this: Let's say that he is working when he has his wages garnished for child and spousal support.

What if he leaves his job for another and I don't get paid?

What if he moves in with ow and has no salary?


Dreamboat posted 2/15/2014 13:44 PM

First, CS is determined based upon his earning potential. Too many non-custodial parents have tried lower CS by quitting their job and the courts do not fall for that crap.

Once you have a court order, you can ask the state to take over enforcement (usually called the child Support Enforcement Agency, or CSE). Then he pays the state and the state sends you the money. However, if he does not pay, you do not get any money. The state can garnish is wages if they know where he works (so when he changes jobs you will eed to alert the state CSE). The can also confiscate tax refunds. But they cannot get blood from a stone, so if he does not work then they cannot get money from him. They can suspend his license and eventually take him to court, but that can take a long time.

Another complication is if he moves around. The state CSE only has jurisdiction in your state. If he is in another state then you need to get a residential address for him and then request that your state CSE turn over enforcement to the other state CSE. Big pain in the butt and takes time. And if you do not have a residential address, then they cannot turn it over even if you know where he works. My X played this game.

And note that the state generally does not step in to enforce SS so if he does not pay that your only remedy is to file a contempt order.

So my best advice to you is to make sure you can live without any CS or SS. If he does pay it, then put it in an emergency fund so you can get by when he does not pay it. Plan for the worst case scenario because he is already threatening that. My X has not paid CS in 5 years. He lives like a nomad and even fled the country when the IRS was closing in on him for unpaid taxes and the state was after him for CS. He now owes enough to pay for 4 full years of college (tuition and living expenses) for DD. And I am left trying to figure out how I am going to pay for DD's college on my own.

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