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How does a judgment for child support get collected?

Posted in Child Support on 11th January 2011

How does a judgment for child support get collected?
During mediation, child’s dad signed an agreement to pay so much a month in child support, but outside of mediation he says to mom “I don’t pay child support.” Future looks like this: Each year mom pays lawyer to go to court to get a percentage of child support owed. Dad works under the table but has money. Law doesn’t seem to help after $ 10,000 attorney fees. Dad gets visitation but doesn’t contribute to doctor bills, clothing or anything else. Why, after a legal judgment doesn’t he have to pay? Who enforces it?

Best answer(s):

Answer by catman
if the state can’t collect by garnishing his wages
eventually they will go after bank accounts and tax returns

you could also get someone to break his legs

and fire that suck*** lawyer

Answer by star
ya you need to get rid of that lawyer, go get another one thats actually going to do something for you. this should been enforced a long time ago.

Answer by ∞infiniti∞
You have court ordered child support. Back child support never goes away. Depending on the state you live in, you could sue the bastard for child support arrears even long after your children have become adults.

He can’t hide forever. Don’t give up. Keep after him. Sooner or later he will have to pay up.

Answer by You asked so…
Open a child support case against the child’s dad. If he works under the table, they can’t garnish his wages but what they can do is suspend his license or garnish his bank account or take him to court for a work search and if all those things fail, take him to court for contempt. It’s time consuming because child support has certain time frames before they will do things but what you’ve done hasn’t worked so far.

Many people don’t pay and there are many people who avoid the system but they don’t avoid it forever. Child support takes people’s retirement and social security benefits when they retire. Also, if he has a bank accounts in his social security #, they can levy it. They will file liens so that if he has any property, arrears will have to be paid before he can get any money if he decides to sell. (Don’t worry about him buying because child support will report his arrears to all credit agencies. If he buys anything, it is possible that he may not be using his own social security number.) May take several years, as some people don’t see a dime until after their child(ren) have emancipated.

If you cannot enforce yourself, child support is the next option you have. You maybe frustrated but keep your case open and let the interest accrue (if you live in a state that charge interest). You never know when your ex will try to get his life together and his child support obligation will always be there.

Answer by Lela A
Filing for child support in court is wise..court ordered child support is enforceable..legally binding..and arrearages can be added to the court can seek court orders for any pending issues against the father of the child..lawyers know the law and should help you more

Answer by Sophie
No “don’t break his leg” lol but videotape him and get friends to observe and write an affidavit. Then you can take him to court..

Sophie Vorburger
Executive Director – National Child Support Foundation

Answer by donotbuyakia
Get the child support enforcement agency to handle your case. You don’t pay for a lawyer, and they automatically take it out of his pay.

Answer by pragmatism_rules
Get a better lawyer and have him go to court to ask the judge to put the man in contempt-of-court. The father does not have a right to refuse to work when he has children to support (what is he going to tell the judge…that he was working but under the table so he wouldn’t pay child suppport?). And if the father refuses to work to support his children, he can have his driver’s license and passport revoked, and he can be put in jail until he does pay or agrees to get a job.

Also, you have to keep after this. The courts won’t know he isn’t paying until you tell them. And you have to have child support set up through the court system, not privately, so they can see that he isn’t paying. And then you have to ask your lawyer to ask the courts to order that the man’s income tax returns are seized as well as his bank accounts, etc. And if he has a car or any other property in his name, it too can be seized.

And if he is working under the table, the IRS can be tipped off. If he has money or appears to have money, the IRS will want to know where it comes from and if he is hiding money from the mother, well the only way he can do that is to not pay his taxes. If the IRS is informed AND the man is caught, he could go to jail for felony tax evasion…and he would still owe back child support, with interest.

The father is stupid. He is hoping to wear down the mother because he doesn’t want to pay but what he doesn’t understand is that it will never ever ever go away. He can’t go bankrupt on child support and they can take it from his pension if they have to. And he will have all that back support to pay, plus interest.

Don’t give up. Get a better lawyer and have it taken to a judge (where it should have gone in the first place…mediation is never a good idea). Get the child support “court ordered” through the court system and they will get after him.

Good luck! You will win in the end.

Answer by LovesTheConstitution
First, fire the lawyer. You have not seen results.

You may not have a judgment. Your description does not say if there is a child support court order or a judgment on the child support debt.

If “Dad” is violating an order on support, the state can suspend his driver’s license and professional licenses, garnish his bank account, garnish his wages, divert tax refunds, bring him back to court for a hearing on contempt (at which time he could be jailed), etc., etc.

If you have a judgment (very different from a support order), you have post-judgment remedies, including executing against property, recording the debt (to show up on his credit report), etc., etc.

A better attorney can explain all these options and more.

And there are some deadbeats for whom all legal remedies are inadequate. I have met a few. Their punishment is eventual estrangement from their growing children and their adult children.

Stay after it, though. Never give up. If you cannot make him pay, you can make his life less pleasant. He can serve as the bad example for parents raising responsible children to be responsible parents.

Answer by james l
You can also file a petition with the Clerk of Court (or whatever your state calls it) to enforce a Court Order. If the language is in your Dissolution of Marriage, Child Support Order or Final Judgment that the father is to pay you $ XXX amount of child support and he is not, that is defined as “being in contempt of court”. Anytime a Judge Orders something and the person does not oblige to the “Order” – they are in contempt of court.

Just remember……it is not an “Order” if it is not signed by a Judge.

Your Courthouse should have it’s own child support office located within (or at least Florida does). If you can’t get help this way, open up a case with the state. Just remember, it is a free service in most states (funding provided by taxpayers).