Is this fair?

by devinsmom 20 Replies latest jw friends

  • devinsmom
    devinsmom

    Ok so some of you may know that I just divorced a man who has been a deadbeat dad to our son from the very start. I left him shortly after we found out I was prego for several reasons including his not desiring to be there for me as I was scared and newly pregnant, he would rather continue to be an alchoholic loser, out all the time to the bars or in some chics bed or whatever.

    So he has not paid ANY of the ordered child support (my son is almost a year old) he never showed up to any of our divorce hearings. One of which child support was ordered, I informed the judge at that time that my ex had told myself and others that he was making $1,000 per week and since my ex was not there to prove otherwise, that was the order that was made. My ex says that I lied about how much $ he made and so its a phoney child support order and thats why he doesnt pay because that amount is impossible for him to reach. So therefore it is MY fault that he doesnt pay it. Mind you he has only seen our son a couple of times in the last 7-8 months and that was when I initiated the contact (guess thats my fault too)

    So I dont talk to him anymore he tries to contact me occasionally, so last nite I got the following messages to my messenger service:

    (9:05:28 PM): happy now !!!!!!!!!!!!!!!!!!!!!
    (9:05:49 PM): u r a bitch
    (9:22:05 PM): but its cool ...the courts will find out how bad you lied...real soon
    (9:22:40 PM): this is far from over

    Ok, so Im like wtf!? So I called the child support agency to see what happened and they said that there was a hearing yesterday which my ex and his lawyer appeared by phone. Which is nice that he can now afford a lawyer but not daipers or food for his son...wonderful! So I was told that the judge sentenced him to 6 months in jail but he stayed the sentence pending his payment of the support. So if he doesnt pay support by july then they will issue a warrant.

    So here is my thing what makes the judge think that after so long, all the sudden he will pay? This is in Milwaukee county, the largest county in the state, they dont go after these guys, there are too many of them, it will just be a bench warrant and as long as he stays out of police contact they will never catch up with him. I have NO reason to think that he will pay up so basically I think he will just get away with being the deadbeat that he is.

    My ? is do any of you think that this is fair to have given hime even MORE time to start paying? Hasnt it been long enough, I mean if he hasnt shown any effort by now why would he? Not to mention that he owes me over $6,000 allready for support. The judge isnt making him come up with any of that until who knows when since he doesnt have a job, which acttually is not true, he is getting paid under the table and working without a lisence which he needs to be doing what he's doing. Should I report him?

    Has anyone gone through a similar experience?

    Im just really upset right now and need some support. Thank you for all of you who took the time to read this, your thoughts on the matter will be much appreciated!

    -April

  • tijkmo
    tijkmo

    sorry i havent been through this but a friend is currently

    her ex didnt pay and then declared himself bankrupt when forced by the courts..she was left to pay all his/their bills too...still is...lately he has started paying because he now wants access to the child because his new wife has had several miscarriages...my friend would have been agreeable to this except the child is scared of him and is now back to bed-wetting sleep walking etc and the courts seem only to be interested so far in the legal implications as opposed to the emotional ones

    sorry not to be the bearer of any good news

    but...knowing what might happen in the future may help you to make preparations for it now...if he is not interested now in fulfilling his obligations you might be able to legally cover yourself from any future claim he may make if that be your desire

    on a different topic...fiona apple....'tidal' was her first cd...after that came 'when the pawn' which is the shortened version of the full cd title below...i kid you not

    (When the Pawn Hits the Conflicts He Thinks Like a King What He Knows Throws the Blows When He Goes to the Fight and He'll Win the Whole Thing 'Fore He Enters the Ring There's No Body to Batter When Your Mind Is Your Might So When You Go Solo, You Hold Your Own Hand and Remember That Depth Is the Greatest of Heights and if You Know Where You Stand, Then You Know Where to Land and if You Fall It Won't Matter, 'Cuz You'll Know That You're Right )

    Whatever Happened To Fiona Apple? Online Campaign Tries To Find Out

    Singer's third LP has been languishing since May of 2003.

  • blondie
    blondie

    Listen, I happen to know that in Wisconsin they can garnishee his wages, go after his bank accounts, his tax refund, put liens on any land, vehicles, boats he owns. What county do you go through? Send me a PM and I will try to see what the problem is.

    Blondie

  • devinsmom
    devinsmom

    This in in iowa county where I live, he is in milwaukee county. He cant be garnished because when he does work it is considered "self-employement" since he does mostly sales, taxes, well he doesnt get a tax refund, he usually has to pay because taxes are not withheld from the sales he makes, which doesnt matter anyhoo bcuz he is getting paid under the table, and as far as his assets, there are none exept his car which he makes payment on, me thinks I'm just screwed.
    -april

  • blondie
    blondie

    Sounds like he knows how to work the system. Do what you can to get money from him without turning your life upside down.

    Blondie

  • Sunspot
    Sunspot

    My "ex" did a lot of that stuff, always falling below the radar. It is so frustrating!!!!

    The only really satisfying thing for you right now, is that if he doesn't pay----the warrants will be filed against him, and every time he has a taillight out, or goes 2 miles over the speed limit-----he will be busted when they run his plates and these warrants show up on their sheet! He'll be taken into custody on the spot! (NOT a comfortable way to go through life!)

    Annie

  • talesin
    talesin

    Should I report him?

    YES , abandoning responsibility for his child should be, and is a crime.

  • orangefatcat
    orangefatcat

    In our province of Ontario, if a father fails to pay his child support, the courts will see to it that you get it by garnashing his pay. I know of several cases of this happening.

    But if the man is a dead beat guy then I would see to it that he is taken to the cleaners.

    Orangefatcat

  • heatherg
    heatherg

    My poor girl!!

    It's not fair, went through the same thing with Mike. I just gave up, too much frustration, and headaches, and stress for me. I just got a letter in the mail a couple of weeks ago saying they found him in Utah and are telling him to pay up after 5 yrs. He won't which is fine with me. He has a bench warrant too, for child support, so he'll never come back into the state, and there's nothing they can do to him while he's in Utah.

    My only advice is if you're serious about getting money from him, file a petition to have his parental rights removed. If he were to sign, that would mean that he would give up all rights until DJ was 18. If he signs, then you don't have to go through anymore headaches with him. It would really hurt, but at least you'd know where you and DJ stand with him and you wouldn't have to fight him all the time. Love you lots, always thinking of you! hg

  • Preston
    Preston

    Hmmmm, I wonder if at least there's a way to put some of this on his credit report... He may be self-employed now but it might not always be the case. I'm talking to my Lawyer tonite DM, I'll pvt you later if I come up with anything.

    - Preston

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