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Romefalls19 · Aug 11, 2008, 02:18 PM

I am asking this question on behalf of my girlfriend. She has 2 kids by another man(if you call him that) and he does not pay his child support, which is problem one. He does not pay due to the fact he is in rehab right now, is there anything legally that can be done on that front?

Second question, he was only paying $400 a month for 2 kids! The kids ages are 5 and 3, for some reason this doesn't seem right to me. From the people I've talked to that pay child support, they are upwords of about $600 per kid. Can anything be done about this? Is she entitled to an increase?

She is currently living in NJ

Thanks so much!

progunr · Aug 11, 2008, 02:22 PM

It would be rather hard to force someone to pay, while they are in a rehab facility.

There has to be money coming in, for any to go out, so I don't know of any way to solve that problem.

Secondly, yes, she could revisit the court and petition for an increase, but, if he is not working, that might be a waste of time right now.

If someone is determined to avoid their responsibility pertaining to child support, there are many ways for them to do so.

Sad but true, I wish her the best of luck, the children deserve it!

bEaUtIfUlbRuNeTtE · Aug 11, 2008, 02:23 PM

If he's in rehab and not working then there isn't much she can do, sorry to say. He could go to jail but what good with that do? She wouldn't get the money that way either. You can't take blood from a stone.

Honestly Romey, I would stay out of it. I am in the same situation except opposite of your (if that makes sense).

Romefalls19 · Aug 11, 2008, 02:26 PM

Beautiful, luckily I'm not directly involving myself, I simple provide her with information pertaining to increasing the child support. I just recently read something that in NJ, the state will pay the child support while someone is not able to(if they qualify) and when he gets a job, he will just have to pay the state back.

If I had it my way, I would simply say he cannot see the children until he starts to provide support for them. But that's my opinion on that subject ha ha

stinawords · Aug 11, 2008, 02:26 PM

Child suppor is based on income. Each state has a different way of figuring it but all states use income to figure it as the main variable. Is he in a full time rehab? If so there isn't much she can do because it could easily back fire because a lot of times if people are incarserated or in rehab their support is actually lowered for that period. She can go to court to try to have it enforced if he is in serious arrears maybe they will take it from his tax return next year. I realize that isn't quick but at this point unless she can afford a lawyer to have by her side there isn't much she can do.

Romefalls19 · Aug 11, 2008, 02:31 PM

It just really sucks to see her go through this as pre-school for the 3 yr old is $400 a month!

this8384 · Aug 11, 2008, 02:44 PM

As the others have said, she's going to have a hard time collecting if he is in rehab. If he doesn't have any income, then there's obviously nothing to pay with.

As stina said, ordered support varies by state. My husband has 2 children with his ex-wife and he pays almost $400 each month so she's really not receiving anything less than the norm, in my opinion. She can try to ask the court for an increase although it won't do her much good right now, seeing as she's not receiving the $400 to begin with.

JudyKayTee · Aug 11, 2008, 02:56 PM

Originally Posted by Romefalls19

I am asking this question on behalf of my girlfriend. She has 2 kids by another man(if you call him that) and he does not pay his child support, which is problem one. He does not pay due to the fact he is in rehab right now, is there anything legally that can be done on that front?

Second question, he was only paying $400 a month for 2 kids! The kids ages are 5 and 3, for some reason this doesn't seem right to me. From the people I've talked to that pay child support, they are upwords of about $600 per kid. Can anything be done about this? Is she entitled to an increase?

She is currently living in NJ

Thanks so much!

Child support is by Statute, by income. I would "assume" that $400 for both children was within the State guidelines when it was awarded. The people you have talked to undoubtedly earn more than your girlfriend's "ex." I've seen awards for $2,000 a month for 2 kids (in NYS). That doesn't mean everyone gets $2,000/month, of course. It's by income.

In some States child support continues to run during incarceration, rehab, and people come out with huge past due bills.

She would have to file for more support - if that is what she wants - when he gets out, citing drastically changed circumstances. My feeling is that she will get LESS support because the circumstances will be a drop in his income.

What has she done so far to force him to pay (obviously before he got himself locked up)?

JudyKayTee · Aug 11, 2008, 02:58 PM

Originally Posted by Romefalls19

Beautiful, luckily I'm not directly involving myself, I simple provide her with information pertaining to increasing the child support. I just recently read something that in NJ, the state will pay the child support while someone is not able to(if they qualify) and when he gets a job, he will just have to pay the state back.

If I had it my way, I would simply say he cannot see the children until he starts to provide support for them. But that's my opinion on that subject ha ha

Other than Welfare benefits I've never seen a State chip in when a parent is "legally unavailable." Unfortunately it all falls on the custodial parent.

If she does collect Welfare, yes, the State will then pursue him for the money.

Romefalls19 · Aug 11, 2008, 03:02 PM

Nothing... she has always been to timid and afraid of him to try and force anything. $400 was agreed between the two of them before when they lived in California together. She is in a very difficult situation which sadly doesn't look like it change until me and her move in together in October

JudyKayTee · Aug 11, 2008, 03:04 PM

Originally Posted by Romefalls19

Nothing...she has always been to timid and afraid of him to try and force anything. $400 was agreed between the two of them before when they lived in California together. She is in a very difficult situation which sadly doesn't look like it change until me and her move in together in October

So this is NOT by Court Order - this is an agreement between them, never turned into an Order?

Then she cannot collect unless he wants to send the money, nor does he owe when he's incarcerated.

She needed (and needs) a Court Order.

Romefalls19 · Aug 11, 2008, 03:05 PM

Judy, she is currently waiting on her social worker to see if she qualifies for welfare(which is almost certain) considering her monthly income. So hopefully something goes in her favor soon

Romefalls19 · Aug 11, 2008, 03:06 PM

It's in a divorce decree signed by a judge

JudyKayTee · Aug 11, 2008, 03:10 PM

Originally Posted by Romefalls19

It's in a divorce decree signed by a judge

Oh, then it's enforceable.

Romefalls19 · Aug 11, 2008, 03:13 PM

She will find out about welfare by the 20th and the case worker gave her all the information about the state paying the child support(which can be increased through them) and then when he gets out, he will just pay the state back(with a interest rate of course)

JudyKayTee · Aug 11, 2008, 03:23 PM

Originally Posted by Romefalls19

She will find out about welfare by the 20th and the case worker gave her all the information about the state paying the child support(which can be increased through them) and then when he gets out, he will just pay the state back(with a interest rate of course)

Right, that's how it works - and the State won't fool around. Of course, he may prefer to go to jail rather than pay but...

dale coria · Aug 11, 2008, 03:29 PM

I myself was in rehab and not paying child support. My ex-wife went to family court and filed a patition and I had to go to court, from rehab. They gave me a 6 month suspended sentence, and said after I got out of rehab I would be held responsible to pay or serve the 6 months.all the time I was not paying the amount was growing. At one point I owed 5000dollars. Also family court suspended my drivers license.---------as far as the amount that is paid weekly, according to New York state law, it is 17percent for one child and 25percent for two, no if ands or buts about it. That is percent of his gross income. If he says 25percent of nothing is nothing. Then they will average out his last couple of years earnings.-------- child support collection unit is the place to go for the amount. They love to help poor single mothers with deadbeat fathers and tell her to play it like that for the judge too. The system is in favor of the woman and it should be. The thing is the process is long, be patient it will pan out. Family court first then child support collection unit next. Good luck.

Romefalls19 · Aug 11, 2008, 03:32 PM

Thanks guys! I appreciate all the advice, especially you, JudyKayTee! I just wanted to reassure her that she did not have to go through this alone.

The reasons she has not pushed before was she was constantly being told she couldn't do anything legally and she is a bad parent if she takes him to court for it, think of the girls and crap like that. All her family is over in California, and now that she is with me, I am kind of letting her know of all the different options she has and that I am firmly behind her and will provide any type of support she needs.

JudyKayTee · Aug 11, 2008, 03:38 PM

Originally Posted by Romefalls19

Thanks guys! I appreciate all the advice, especially you, JudyKayTee! I just wanted to reassure her that she did not have to go through this alone.

The reasons she has not pushed before was she was constantly being told she couldn't do anything legally and she is a bad parent if she takes him to court for it, think of the girls and crap like that. All her family is over in California, and now that she is with me, I am kind of letting her know of all the different options she has and that I am firmly behind her and will provide any type of support she needs.

And it's difficult and wears you down to be a single mother day after day after day - and if he isn't going to pay $400, well, then he's not going to pay $4,000 and why continue to throw yourself under the bus - ?

Romefalls19 · Aug 11, 2008, 03:40 PM

Dale, thanks so much! It sounds like everything is working out for you! It's always good to hear a success story. And no way, as soon as she moves out with me into an apartment, I will be able to voice more as she can't do much with her living arrangements at the moment. And I don't mean voice more as in a Hitleresque way, but just provide her with the backbone to stand up to this guys family.

In the month of April alone, he was arrested for possession of a dangerous substance, reckless driving twice, possession of a hyperdermic needle, DWI, leaving the scene of an accident, hit 3 parked cars.

I have told her when we move out, we will be going to court for custody of the kids so that we schedule a drop off at a nuetral place(police station best case) because he used to abuse her physically and mentally. He has stopped calling as he hasn't had access to a phone, but when he did he would all her the most abusive names I've heard. Which will lead to me not wanting him near our place and if he does come to my place and disrespects her and tries to step foot into our place I will have no problem putting him down in defense of her and my own safety as his anger is dangerous.