When the absent parent doesn't pay child support


The only thing I can tell you is that they can not take any money out of his SSI checks if he ever is able to get it.

The only way to make him pay you is for him to end up behind bars…which is sad because he would rather go to jail than help his kids.

No one wins in divorce only the Lawyers do!


Dear imahaint:

Greetings. What is your ex-husband’s current health like? Is he legally blind now?

Also, is he appealing the disability decision? Almost everyone is denied the first time.

Finally, what has he told you about support?

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607

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.


My ex-husband has not paid child support in 4 months. He advised the Child Support Office that he needed surgery and the Doctor requested he be relieved of his obligation for 2 months…to include surgery and recovery. This was allowed him…we are not heartless.

It is now the 30th of November and he is 2 additional months overdue on child support…($1748 in arrears). The Child Support Enforcement is just now getting around to sending him a notice on this (and yes, I know they are overworked).

My question is this…since he is not working and has no income, if he applies for Social Security do they garnish for child support? Does disability? I have asked him if he has applied for any of these services and he says he has been denied by Disability because they claim he is physically fit…and until a year has passed with no recurrance…if recurrance than he can apply. Social Security denied him.

I have been told that (for North Carolinians) if the absent parent paying child support no longer has a job or doesn’t pay, his/her spouse may and can be liable. Is this true? If true, would South Carolina uphold this NC statute in regards to making either him or his wife pay child support.

He has 2 vehicles in his name in South Carolina, $30,000 of Snap-On tools he can no longer use (was a master mechanic but was diagnosed with glaucoma…not much call for a blind mechanic)…has coke/pepsi vending machines, candy machines.,…all of which bring in some type of income…how can his kids get what is owed them?

Is there anyway we can get him to pay this short of jail?

Many Blessings