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How can I have court order enforced without going broke?

 
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lizzy0228



Joined: 02 Aug 2008
Posts: 5
State or Province: Indiana

PostPosted: Sun Aug 03, 2008 12:22 am    Post subject: How can I have court order enforced without going broke? Reply with quote

I am a single mother of 2, with a court order that provides for my ex-husband to pay certain expenses in addition to his base child support obligation. In the past year it has cost me over $10,000 in attorney fees to remind him each time he decides he needs to get my attention and violates the order in some way. The latest is a refusal to pay religious education classes for my daughter... an item specifically called out as his obligation to pay in full every year. First he says he simply won't pay it. When I ask again and show him a copy of the court order (all the while I'm being very polite), he scoffs and says he'll only pay if I provide him an invoice from the church. In the meantime, I borrowed money from my parents to enroll my daughter by the deadline. I call the church to have a special invoice prepared for him, take time from work to go to get it and then after I give it to him, he says he'll only pay for half.... he tells me the matter is "closed" and accuses me of harassing HIM. It has taken over two months to get to this point and I am getting the impression he does not understand the severity of violating a court order. The only problem is now I've got no money left to contract an attorney. In total, I've shelled out over $20,000 for this court order and now he's clearly playing games with me. Any suggestions as to how I can have the order enforced? I'm exhausted!!!
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Sun Aug 03, 2008 7:31 am    Post subject: Reply with quote

Get it garnished. If it is an already existing order, you really don't need an attorney to enforce it for you. Go to your family court and file an order of contempt and file the order with the Child support enforcement department at family court.

You can request the judge garnish his wages for the amounts needed. Contact the church on the yearly expenses, and provide it to the courts, and they will not only take out his support payments from his checks, but they will devide out the payments for the educational expenses over the course of the year and everything will be deducted out prior to him ever even seeing his pay.

There is no need for you to have to have contact with your ex for the money... enforcement will pull it directly from his pay, meaning they will send an order to his job letting them know how much money is suppose to be paid to the family court for support and other child obligations... his job will deduct it and send it to the court and the court will then cut you a check and send you the money.

He will have an extra deduction line on his pay that says GARN... 300.00.
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lizzy0228



Joined: 02 Aug 2008
Posts: 5
State or Province: Indiana

PostPosted: Sun Aug 03, 2008 10:29 am    Post subject: Reply with quote

THANK YOU...

One more question... how does it work if we don't get CS through the state? He's self-employed and child support is wired to me directly from his company every two weeks. This is pursuant to the court order. How are wages garnished from one who IS the company he works for?
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Sun Aug 03, 2008 11:37 am    Post subject: Reply with quote

I'm not sure about that, if he uses a payroll company for his company then the payroll company will do the garnishing... that you may need to ask the enforcement department on. But you can have it done through the courts... where the courts will make him pay them directly holding him to the court order... that way if he doesn't pay the amounts required in the order they will start accurring arrears on his support.
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lizzy0228



Joined: 02 Aug 2008
Posts: 5
State or Province: Indiana

PostPosted: Sun Aug 03, 2008 1:04 pm    Post subject: Reply with quote

THANK YOU AGAIN... SO MUCH!

I can't tell you how relieved I am to finally see a light at the end of this horribly dark tunnel. If there is such a thing as karma... you've certainly got a lot of good coming your way for all of your generosity. I've seen your posts elsewhere on the site and it's obvious you are as kind as you are knowledgeable. I will pray that the kindness comes back to you ten-fold. For what it's worth... you'll always have friends in Indiana! You never know, might come in handy if you ever have car trouble in the midwest.
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Still in Love



Joined: 05 Sep 2006
Posts: 216
State or Province: California

PostPosted: Sun Aug 03, 2008 3:26 pm    Post subject: Reply with quote

You are very welcome. I have been dealing with family court and support and stuff for about 20 years and worked within the legal system. There standard federal guidelines that all states have to follow, and basically all the states are pretty much the same with a just a few differences in their family court.

Men try to scare women into thinking they are going to need attorney's for hopes that they won't get one or can't afford one. Don't get me wrong, there are cases that people need attorneys all the time for... but just to deal with enforcement issues... there isn't anything that an attorney can do that you can't do yourself by taking a day off of work.

You should definitely look up on line the federal guidelines for support and financial obligations... and what can be done and taken for the person failing to pay... maybe you can do some of the scaring by giving him the facts that the courts will take his license from him... he can sit in jail for4 up to 6 months at a time... the courts will seize his income tax returns... freeze his bank accounts, and put leins on his property...

There is alot that moms can do without having to spend a ton of money for attorneys.

I have spent a total in 20 years of no more then 8 thousand dollars on attorney fees... any other time, I have just gone and handled everything myself.
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lizzy0228



Joined: 02 Aug 2008
Posts: 5
State or Province: Indiana

PostPosted: Sun Aug 03, 2008 4:57 pm    Post subject: Reply with quote

THANK YOU AGAIN... SO MUCH!

I can't tell you how relieved I am to finally see a light at the end of this horribly dark tunnel. If there is such a thing as karma... you've certainly got a lot of good coming your way for all of your generosity. I've seen your posts elsewhere on the site and it's obvious you are as kind as you are knowledgeable. I will pray that the kindness comes back to you ten-fold. For what it's worth... you'll always have friends in Indiana! You never know, might come in handy if you ever have car trouble in the midwest.
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