If your the father never. Being a man in the court system they will treat you like you are a whimp for asking for support. “Fair” not used in the court system when comes to a man.
It usually takes 30-60 days to have the support deducted from their paycheck and to recieve your first check, that is, if you’re a woman. By law, the employer has to begin deducting the support payments within 30 days of notification from child support.
You need to get a certified copy of the support order from the clerk of courts with your ex’s employment information. The phone number and the address of their payroll or personell office will also help. Send a certified copy to child support and hand deliver one in person to the child support office. If you have proof, show that you submitted this info to them in October. DEMAND that they take immediate action to resolve this. In addition, since she’s now past due in her support, you should also recieve both her federal and state income tax refunds every year until she is current. From there on you will need to call child support every week asking for your check until you start recieving it. If you don’t get a check in 60 days, I’d file contempt of court charges and consider having an attorney go after child support. If you were a guy you’d be in jail by now for non-payment & contempt. No questions asked, no second chances.
When you’re the guy, Child Support changes the rules. I recently helped a man that was having $1300/month child support deducted from his pay check even though he had custody of his children for over 9 months and his ex-wife was deceased, so the state was just sitting on his money he needed to care for his kids.
You might also want to consider contacting Fathers For Justice in your area for other suggestions and possibly to have pressure exerted on child support to do their job without regard to the gender of the receipient. www.deltabravo.net
A man demanding support from a jacked up system WOW lets see what happen. It seem like all the system is design for is get a attorney($)go back to court($) just so the other attorney can postpone it for another court date which means more ($)so it goes back to why don’t the Judge issue a court order to pay and if you don’t pay at a certain time you will have automatic criminal chages against you and it should be Federal Charges .
Dear FATHERDORIGHT:
Greetings. I have no idea on how long it takes Child Support Enforcement to enforce an action. I am not sure they are even enforcing old actions anymore through motions to show cause. You may need to file your own motion to show cause. Good luck.
Janet L. Fritts
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
What is a motion to show cause? So let me get this straight, The Judge makes a ruling and the defendant does not adhere to that ruling , I need to go back to court to prove she/he has not cooperated so the Judge rules again then what happends and I have 1 more question, If I get a Lawyer to go deal with the "Show Cause"part can she be ordered to pay attorney fees if asked by my attorney?
Child Support Enforcement will generally pursue the collection of past due child support, however they often have excessively large caseloads. If you have not spoken with them since September, I would contact them and make sure that they are aware you have not received your child support. If they are pursuing it and it is not going fast enough, you can pursue it on your own using a Motion to Show Cause, or you can hire an attorney to assist you with this process. If you must file a Motion to Show Cause to get your past due child support, you can be eligible to receive your attorney’s fees from your former spouse, however it is at the discretion of the court.
If you intend to do it yourself I would look at the forms section of www.nccourts.org. There is a fill-able form that you can fill in to start the process.
Helena M. Nevicosi
Attorney with Rosen Law Firm
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.
I have a court order to recieve Child Support dated back Sept 2006 and haven’t recieved a dime, Child Enforcement Agency has had all my documentation since October 2006 plus the ex recieved $10,000 out of my retirement in February which CEA has proof of that also, so how long will does it take to enforce action against the ex by payment or by jail? and thanks for showing me how to post a new topic