Child Support and Unemployment


#1

Hello,

My ex-husband is not working right now but on unemployment. He owes be about 20K in back support and has not paid since Feb. I rec’d a letter from NC child support telling me that they cannot take money from his unemployment why is that?

Also he is in Washington.

I saws this post online from a lawyer and wondered would I be able to do the same in NC?

FROM BLOG:

This is an easy fix, thankfully - and it needs to go in two steps to avoid future problems with Mr. Deadbeat Dad.

Step 1: It looks like he’s not on SDU. File a petition to get him on SDU, they will automatically debit from his unemployment check and direct deposit it into your account.

Step 2: File a rule to show cause. This will get you a judgment from the court stating that he officially owes “x” dollars in back support, plus 9% annual interest. You can use the judgment to get additional withholding from his unemployment, put a lien on any property he has, clean out his bank account, take his tax return money - or if you’re feeling very vicious, suspend his license and have him thrown in jail.


#2

Child support can be paid from unemployment, you need to file a motion to show cause.


#3

Why did the Child Support of in Wilmington NC say that they cannot take a portion of his unemployment then?

Also can I ask for interest on the monies owed? If so what is the rate of interest? Also what a bout his tax refund? Can I file an order to show cause myself? it seems child support won’t do anything but register the order in the state he is in.


#4

You can file an action to show cause, and the court can order that he pay back support from unemployment. You are not entitled to interest, but may ask for sanctions and attorney’s fees. The support office likely meant that they cannot simply garnish his unemployment without and order to do so. You may proceed on your own or with a private attorney. ( I suggest you hire a private attorney and seek that your ex pay your attorney’s fees as well).


#5

I posted my question in a forum for “ATTORNEY’S ONLY TO RESPOND” Futhermore I am not interested in your opinion about my ex-husband. It is not your concern to commet on a situation that you have NO prior knowledge about.

If he paid regular payments would he owe 20K in back support?

More importantly, I have never gone after him in court though he deserves to, but now I will. I have no choice but to. He told Child Support he didn’t feel he should pay it anymore. Imagine that?!!!

Please keep your liberal based commets to yourself. I do not need them and try to follow the guidleines for posting!


#6

If he is behind on CS he will owe back support, in addition to regular payments.


#7

Thank You Erin. Yes, he is very behind. He has been for the last 5 yrs. He left town so he didn’t have to pay his support. It took several years to track him down. He is not a father who wants to pay, so I guess he thinks because he is not working now he can use the excuse he cannot pay.

Thank You for your comments. I will need to find councel now.


#8

I wish you the very best.


#9

I have been advised to file a contempt motion to show cause, in regard to unpaid work-related child care expenses an medical bills, and do not know the exact form to use. Can anyone direct me to a link or form? Thanks.


#10

You may want to try using our DIY service which has a complete library of forms.


#11

HI Erin,
Thanks for responding. I wasn’t able to find the specific form. Might you send me a link? Also, I’m not clear about this: is that a pay service?


#12

The forms are contained in our DIY library. DIY is a paid service. http://www.rosen.com/diy/