No Progress and Modification
My question involves child support in the State of: Tn and Ca
I am the custodial parent my ex has visitation (which they do not use). I live in Tn, my ex in Ca, order is in Tn but was transferred to Ca for enforcement. Order was issued over a year ago but Tn does not follow up in a timely manner and supposedly Ca is waiting on this or that. Tn had me sign papers for contempt 9 months ago. When I follow up they always tell me to call back next month.
First question is if the states have ex's name, address, and all info can I ever expect any action. Ex claims minimal to no income (self employed, no taxes filed etc) but I have documentation otherwise.
Second question is that I work and am going to school full time to have a better career and provide for my child. It's not easy but I want the best I can do for my child. Upon graduation, I have a higher paying job waiting. Can my ex file for me to pay them child support considering they only have visitation rights, do not use them and have not ever paid any of their court ordered support? I know "fair" has no meaning in the law, but it would be unfair for me to work so hard to provide for my child when my ex provides zero and then to penalize me and have to add to to my ex and his live in's income.
Thank you for your info, have a great day.
Re: No Progress and Modification
Child support agencies are typically overworked, and with limited manpower things can move slowly, and with different states having different requirements the bureaucracies don't necessarily play well together. You should be able to bring a private enforcement action, but you will incur attorney fees (and you may end up needing representation in both states).
If your ex has a small amount of visitation, no custody, then your ex- may qualify for a partial abatement of support during extended visits but would not have a claim for child support. As the amount of overnights your child spends with your ex- increases, that calculus can change as at a certain point we're really talking about a form of shared custody.
Re: No Progress and Modification
You may also want to write to your senator or congressman. They will make an inquiry on your behalf so you can find out what is going on.
Re: No Progress and Modification
Well, he's not paying a cent so there is nothing to abate and I have written everyone from senators to congress reps and even the white house. No help. I guess it's not such a big deal for them. Thanks for your responses
Re: No Progress and Modification
Many states find it a low priority to enforce a support warrant from another state. If they spend the money to arrest and detain them, the issuing state has no incentive to spend state money picking them up and returning them for your child support hearing. Therefore, they end up releasing them again, with no justice served.