[incredulousparent]

Five years after my divorce, I moved out of state and have lived in Michigan for 3 years now. In August 2007, my ex was arrested in Kentucky (still lives there) for flagrant nonsupport. At that time, his arrears were $5100. He begged his brother for a job that day and the court ordered his wages be garnished, paying $100 a week current support, plus $5 a week on the arrearage. For that first 12 months, his employer/brother paid the support like ordered, on time and always within the KY Statutes’ allotted time of 7 days after payday. August 2008, the employer suddenly stopped paying the withheld wages..delaying 2.5 months before finally paying a little..enough to stay under the radar. Child support agency told him that their local “county office protocol” was that if they pay anything within 30 days, then they don’t start a criminal complaint summons. Anything can translate into him paying just $1 every 30 days..and that could go on and on. Since then, he has continued this behavior..waiting a couple months and then paying a little bit, but never the owed amount to catch back up. Last year alone, he only paid 23 of 26 checks and 22 of those were in contempt and way after the statute of 7 days. Because of this, almost three years later and his arrears are now higher than they were to start with, even after some support is being paid and I got his $1300 tax refund last year. Since August 2008, I have continually, continually communicated with the local county Child Support office in KY..the KY state CS office, KY Attorney General, MI Friend of the Court, repeatedly begging, pleading for them to enforce my case, enforce the health insurance order (something that they have yet to enforce), bring the employer to court for contempt. Kentucky continues to not do anything regarding making the employer abide by the court order, or even to make sure that the kids get health insurance through his business’ insurance plan. The prosecuting attorney, and the caseworker and supervisor (who also happens to be a good friend of the employer) at the local level keep threatening to close my case if I keep contacting them asking them when they will enforce it (something officials at the state level say they cannot do, always asking me who told me that). Last week, the prosecuting attorney (special prosecutor contractor for that county) laughed out loud at my notion that they should actually enforce my kids' case and said that he knew that I just wanted a big fat tax refund this year (when I asked him if KY certified his taxes for intercept this year) and "do you even work??" He has asked me that question on 4 separate occasions over the last 2 years. I quickly responded, no sir! It’s not about getting his taxes, I just want timely, regular child support. My ex gets paid like clock work every two weeks. Why can’t they enforce this order and let my kids get consistent support? Today, I got a scathing letter from MI Friend of the Court telling me that the special prosecutor had called her and told her to tell me to stop calling KY Child Support and per KY’s request, not to call any other KY public agency and that if I don’t comply, KY would close my case and/or move it to the Central Office where "I won't get the enforcement activity that I receive at the local level," which is nothing anyway. :shrugs: The letter said that it's not my ex's fault, not his brother/employer's fault, and not the local child support office or the prosecuting attorney’s fault that the employer's CPA is irresponsible and doesn't pay timely. Are you serious?? I've continually told KY and MI that this is a huge lie and I don’t understand why they won’t make him prove it. His accountant does NOT mail the child support checks. He prepares the payroll and hand-delivers those paychecks to the employer for his signature and distribution to his employees. It is the employer/brother who isn't mailing the signed child support check after that. They refuse to bring him to court on contempt to prove that he is paying/mailing the checks. I mentioned to the prosecuting attorney that he should take a look at the payment history and the check numbers. For about a year, the check numbers (once I finally received missing checks) tended to show that yeah, they were prepared every two weeks with the rest of the payroll, but held onto and mailed a month or two later. However, recently, this last few months, the missing check numbers are not within range of his regular payroll..and show that he’s just cutting a check to catch up some of the missing checks..even sometimes writing the whole amount into one check…proof that he’s not making payments every 2 weeks like he says. I finally berated the employer/brother/uncle that he was being a lousy uncle in not calling the state to find out where these "missing checks" are and that all they need is the check numbers to track them. He finally did call the state level official’s number I gave him but refused to give them the check numbers to prove it. The state already has his banking account number, so it’s not like giving a random check number out is divulging any personal financial information. This scenario goes on and on. Basically, the special prosecutor in charge and the KY local office are stonewalling me, threatening me because I keep asking them why they won't enforce my kids' case. I've been very nice and congenial in my communications. I haven't been rude or nasty or yelling or anything. Even if I had been, even if I were laid up in a nursing home a vegetable from some head injury and unable to work anymore, that doesn't lessen the support obligation my ex has or the obligation the state has to enforce this order if they want to continue to receive federal tax dollars from the Department of Health and Human Services to run their state program.

What do I do? Sue KY in federal court for not enforcing their medical and child support orders? Sue the employer and/or ex husb in civil court for neglect? Both? KY has a statute regarding nonsupport and if that forces the CP and kids onto public assistance, then that's neglect in the eyes of the justice system. What about a federal lawsuit regarding the Child Support Recovery Act of 1992? It seems to have more bite to it and it’s on the federal level. I broke my finger playing football with my son, which immediately dropped my production-based paychecks doing medical transcription to about 25% of what I was previously making. A week later is when they stopped paying 2 years ago. Over the following few couple months, I ended up having to sell my van and my new laptop I had bought for my job to try to hold onto my house, eventually losing it and being homeless with my kids in a shelter til I could save enough for a new place to live. All this is ridiculous, uncalled for, unfair. It's time for KY to do what they are supposed to, even if I have to get OCSE involved and the tax dollars that KY receives for it's child support program, since KY is not being compliant at all. I’ve been patiently waiting, watching and listening for 2 years now. Kentucky seems to be more concerned with “county office protocol” of me communicating with them only through my MI worker than they are with actual Kentucky state law and federal law. But KY won’t even respond to all the transmittals and requests from MI. Kentucky’s governor abolished the child support enforcement commission that was a liaison between custodial parents and the Attorney General’s office. So, the AG said they’re severely hampered because the commission was closed and that, instead, I would have to speak to the same state CS officials, who tell me that it’s out of their hands and in the hands of the county office caseworker and his supervisor, who keep dragging me around like this. Why is KY doing this? It's the local county people, because of who my ex's grandparents are in that county. They’re in all the politician’s and legislator’s pockets. Also, the county attorney (not the special contractor prosecutor) represents the employer privately in the business. Finally, I also suspect the employer's liquor license has something to do with their non-action. His restaurant is the only one in the county with liquor by the drink and retail beer license. All the regulars can now stay "home" every night and drink there instead of risking driving 15 miles into Louisville to drink every night after work. Some sort of vested interest in keeping this restaurant open and the employer not in jail or fined for not complying with the wage withholding order. Also, isn't that breaking some kind of federal labor laws by not submitting withheld wages for child support? I’ve seen paystubs, verified the dates with the dates sent..I know for a fact it’s being withheld and that he DOES have health insurance; something else the employer is lying about so they both won’t have to pay more insurance premiums for them. By the way, my ex says it’s out of his hands..he works and they take it from his check, but yet he refuses to be a good dad and make sure that the support makes it to KY. He refuses to call anyone to straighten it out and says he has seen his brother mail the checks. He knows, he’s part of it—their lame game to keep harassing me. So there’s no help there. Can I file something in federal court here in Michigan against KY? My divorce (child support order) was in my county in KY, which is a separate county from the one he lives in. The enforcement case is in his county, though. If not, which county? Traveling to KY is now a huge problem since I'm trying rebuild my household and haven't been able to buy a new vehicle yet. Also, do I need a private attorney here/there/both, or since it's federal, will a US attorney represent my kids in this case? I think it's highly asinine that I might have to eventually use some of the money used for raising these kids to hire an attorney forcing KY to meet their responsibilities and fight for the support these kids are due. Kind of a vicious circle. In the end, we won't really be accomplishing anything as far as what is owed, I'm just going to pay it back out to an attorney. I've also repeatedly asked for a capias warrant and performance bond for the amount of the arrears, but KY outright refuses to do this...or to do anything whatsoever other than threaten closing my case, forcing me to hire a private collection company and/or attorney to enforce the order, effectively hampering my financial resources for raising my kids. Thanks!

[JudyKayTee]

I apologize but I simply can't read through all of this.

Could you kind of boil it down to a question - a lot of the history seems unnecessary.

If you live in one State, have established residency, and he is not paying support in another (which State ordered the support) you can petition the Court to move the matter to where you live.

Is that your question?

[incredulousparent]

Yeah, figured some of the history might be unneeded, but wanted to make sure people knew what has been transpiring so I can get best answers or help.

I live in Michigan.. the divorce and child support order originated in Kentucky.

Moving the venue or jurisdiction to MI is something I've been working on for a little while. Without typing another huge post, I’ll just say it’s complicated, even with my sole custody, and I'm not too pleased about the idea of moving it to Michigan, either. They haven't been fighting KY to get this support like they told me they would when I started the case here. I know there are administrative legal options that Michigan can levy against Kentucky, but my worker won't step to the plate and get it started, citing she needs to remain on good terms with KY in these interstate matters. She also says that she has to trust whatever the KY caseworker tells her without exception. That doesn’t seem right. Does no one answer to no one?

I need to know if I can and how to bring a federal lawsuit against KY Child Support for refusing to use ANY remedy that they have at their disposal.

Their inaction and refusal to do their jobs, contributed to my kids and I being homeless, without a car, and struggling for the last two years to pay for the extra stuff/band trips/school uniforms/sports gear/various clubs and organizations needs that 3 teenagers need. All three of our kids are gifted and these robotics, math and engineering clubs, Saturday gifted workshops, academic camps and sports teams that they are a part of…all that stuff takes extra money. I’m also continuing to pay out of pocket medical expenses for their doctors, eyeglasses, dentist visits, orthodontist fees, monthly medications, copays, deductibles. He is supposed to be paying for all of that except the first $100 per year for all three. I’ve given KY all the itemized medical bills for the last 7 years to add that to his obligation, but they haven’t done anything with it and that’s been more than a year of requests. I have been patient and diligent in attempting to solve this in an effective and timely manner, only to have the prosecuting attorney make inappropriate comments and laugh at me when I ask why they aren’t, also, being diligent in their efforts in my kids’ behalf.

I need to know if I can file this here in Michigan in US District Court or US Magistrate Court, or if I have to find a way to make a trip to KY. And file what? I'm not quite sure what I would need to even file that would hold KY to the fire for their inaction and get the support coming every 2 weeks.

I'm not trying to gather up a lot of judgment money or anything like that. I just want REGULAR support for these kids, and I want KY to stop this good ol' boy crap and work hard.. heck, work at all.. work hard for my kids' sake, even though they're no longer KY residents.

[ScottGem]

I don't think you can bring a lawsuit against a government agency on this issue.

I also don't think you can change jurisdiction if he still resides in the jurisdiction of the original order.

My recommendation would be to get the press involved. Send copies of the letters written by government officials to the consumer advocate at your local paper or other media outlet. The big-uncaring government against single mother just trying to raise her children story is one the news media likes.

[JudyKayTee]

I don't understand why this is a US Court case and not a superior court case in your State of residence. If you want to transfer the case to your State of residence you would have to apply for that relief and probably make a legal argument to do so. That would, of course, involve you going to HIS State - where the Order was issued.

And I don't think you are trying to get rich or pound your ex into the ground - I think you're trying to get support for your kids.

What would I do? I would hire a big, bad family law Attorney and I would request that your "ex" pay for that Attorney because you are without finds to do so and he is in arrears - minimally, in arrears.