What to do now?


#1

My ex and I divorced over 3 years now. He never showed up for any custody hearings or the divorce proceedings in Durham NC however he has stayed in touch and sees the 2 kids. The judge ordered that he pay child support when we first separated and it now amounts to over $36,000. He has never paid a dime…

Now I have remarried and moved to Indiana. I visited the CS agency here and filed everything and from what I can understand from the paperwork we get from NC there is a contempt of court warrant out for him. I have tried working with the CS agency here and the one in NC and I have made no progress. In fact it appears that they are not putting forth any effort at all. He still sees the kids at holidays and over the summer. I have informed all the authorities where he lives and I think all they do is attempt to send certified letters that he ignores.

So what can I do? How can I get the warrant enforced? Is it worth it to hire an attorney or private investigator to help track him down and get him into court? He really isn’t going to help with these kids unless someone makes him but he sure thinks he’s some sort of great dad…

Thanks


#2

You cannot enforce the warrant, as law enforcement will have to do so. You can however register your child support order in your new state, and seek that they issue a warrant for non-payment as well. He can be arrested when he comes to visit the children if you notify the authorities of where he will be.


#3

Erin,

Thanks for taking the time to respond. It is very much appreciated. There is a child support order here in Indiana and they work with NC to enforce it down there. It just appears like the court systems and the child support agencies are not doing very much or can’t do very much with the resources they have. I do understand that I can’t enforce the order but I guess what I am trying to understand are what options I have to help things along? He absolutely is not going to support the kids with anything (braces, school stuff, sports, living expenses, church trips, medical bills, etc) unless he is arrested and even then I am not sure he will put forth any effort. He wants to see the kids and I don’t get in the way of that but after several years this getting ridiculous. If he put forth any effort at all I wouldn’t care but he hasn’t and won’t.

I am working and I can hire someone to help the CS agency locate him, serve him papers and call the local authorities tp pick him up if that is a viable option. Believe me I have thought of driving down there, finding him and calling the local sheriff myself but I need to know that something would actually happen if I did that? Or, as you suggested the next time I am down there with the kids to pick them up or drop them off, I can call the local polce then. Assuming that the NC and the IN CS agencies can’t do anything what should I do?


#4

Yes, if he can be located the warrant will be executed and he will be arrested. I suggest you contact the authorities to check on the warrant and inform them of your meeting place and time.