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RobertRosa · Mar 7, 2011, 10:01 PM

I had went to court represented by self for a modification to raise - I am custodial - now I have workers from the state as well and before that I tried for to get a contempt of court for non payment and in the first hearing I was told nothing by states attorney although I asked they continued ii then contacted the support enforcement to see why a contempt wasn't served their response was " it wasn't served for my best interest to keep the order of 75 a week open while she- the non custodial parent- was on this ability. The case was continued for her to provide proof of workmans comp pay , upon the second court date the arrears were lowered for those months to 16 a week and I went all those weeks being lied to and no contempt filed

joypulv · Mar 8, 2011, 03:17 AM

For reasons we can't know because we aren't there, it seems they have decided to be sympathetic to her situation. Feel free to sue the agency for failing to cite for contempt if you wish, but I doubt that you will get you a dime. How much is owed?

cdad · Mar 8, 2011, 04:18 AM

If you had a case on file with the state and then acted alone your case can be dismissed for that fact alone when its child support related.

RobertRosa · Mar 8, 2011, 05:19 AM

I want someone to be held accountable for their actions its more than just money. I have been treated unfairly for being a single father compared to a single mom I find this to be discriminatory actions. Child support enforcement is supposed to be working for me in supporting these actions and are not.

RobertRosa · Mar 8, 2011, 05:21 AM

When standing in front of judge yes I am representing myself but as for support enforcement they are suppose to be enforcing the judges decisions and orders and they are not.

joypulv · Mar 8, 2011, 05:54 AM

To 'hold someone accountable' you file a complaint with the head of the agency, and up the chain of command if that fails. In civil court you sue for damages.
You are expecting the judicial system to be perfect when it's both overworked and staffed by people who do make personal judgments within - or sometimes outside - the framework of the law.
You think that this is a case of bias towards a deadbeat mom? Thousands of deadbeat dads are getting away with not paying support too. It can take a long time to get to the garnishing stage.
If you think her comp case is dubious, that is another matter entirely.

Fr_Chuck · Mar 8, 2011, 06:09 AM

First of course if a person is on disability ( what type since different types of disability is treated different)

Was your request for more money based on their income ? If not what was the reason to ask for more money ?

RobertRosa · Mar 8, 2011, 06:33 AM

I have went already to one supervisor then his supervisor how much further should I go? And no her comp case was legit but she is still responsible to pay child support and the support enforcement is still responsible for up holding it and I complained in proper order now what am I to do when they tell one thing and do others in her best interest?

RobertRosa · Mar 8, 2011, 06:40 AM

No workmans comp. all I was asking for is her to pay when she supposed to the support enforcement did not put in for contempt when I asked, I called the workers supervisor he said he would put in for it, when I went to first hearing it wasn't served. Right after hearing I called him and asked why it wasn't served he said he would look into it and did not call me back I then went to his supervisor and he told me it wasn't submitted for my best interest. Upon second hearing they ended up lowering the payments she missed to 16.00 a week because she received 180.00 in work mans comp a week and their was no contempt because there was never one filed according to judge and against my reguest to my worker and her supervisor

joypulv · Mar 9, 2011, 06:49 AM

'It wasn't submitted for my best interest.'
$180 week is barely enough to live on, and if unable to shop and care for one's household, not enough. You don't say what her illness or injury is, or if she is living rent free.
'Your best interest' might be that if they took money from her, she might end up with no housing and on the street, never get back to work, and you'd get nothing ever.
I find it impossible to believe that you were awarded 75/wk when she was getting 180/wk. Some facts are missing.
I trust that you are almost as indigent as she is or this is a heartless story.
Feel free to complain higher and higher and to sue her in civil court.

RobertRosa · Mar 9, 2011, 07:33 AM

The court order is an existing one the issue is in the beginning she claimed to be a house wife with no kids there for they made her get a job.now the job she has she gets440.00 a week which then they granted me a 75.00 per week.She has not been diligent in paying and has appeared before the magistrate several times.As of 10/2010 she went out on workman's comp and hasn't paid since then. My gripe is that the support enforcement who supposed to enforce this order has done nothing although I have requested a contempt they felt in appropriate because of her 180.00 workman's comp. by law she is still responsible to prove it which it is true no gripes there but still make some sort of payment. As for me my unemployment has run out as well as I'm attending college for paralegal just to be brief any other ques. For better help feel free to contact me at [email protected]