Should I Drop My Child Support Case?

Updated on December 01, 2010
J.S. asks from Tulsa, OK
12 answers

hi, i am a 23 yr old single mother of 1, and i have a child support case pending against my ex. i filed in January of 2009,and still are in court . now my ex has 1st ran to California to live with his dad and then supposedly to Hawaii to live with a "friend". the judge in the case has allowed him a continuance twice, my fear is that he will leave the country and not ever return. i am thoroughly frustrated and would like some advice on what to do.

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So What Happened?

definitely decided not to cancel it

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D.P.

answers from Pittsburgh on

My first thought is you're going to be frustrated anyway, so why not be frustrated AND getting child support? He may run but he won't hide for long. Good luck, I hope you get what you deserve, J..

6 moms found this helpful

More Answers

S.G.

answers from Oklahoma City on

i would ask your attorney to file for an IMMEDIATE hearing. i'm in the process of on too (havn't filed anything yet) waiting on the hurry up and wait part from an attorney..and asked her for an IMMEDIATE hearing on several parts of my case. ask your attorney to present to the judge that he's had a "continuance" for too long and THAT BABY needs an order. if you approach it as your BABY needing the order and not YOU, you MIGHT get a different response. he'll be responsible from the date of filing, not the date of order (least that's how it is in oklahoma) so let him continue on....he'll be really far behind and it's his fault

DON'T DROP IT!

3 moms found this helpful

L.M.

answers from Dover on

Don't drop it. He is still responsible child support and you did file before he left.

2 moms found this helpful
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A.G.

answers from Boston on

Don't drop it. I gave up on getting CS for my youngest son but I didn't drop the case and when his father filed his taxes last year the $7000+ check came to me instead of him. It was a nice little surprise.

2 moms found this helpful
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R.J.

answers from Seattle on

No. Keep fighting. It will become apparent to the courts soon that he is trying to dodge them, and it will tick them off. Especially if your lawyer brings it up.

AND Don't forget... CS has NOTHING to do with custody / visitation unless the time is split 50/50 (or near enough). So far he owes you a whole year in back child support. Your check will only get bigger the longer he delays.

<grinning> and Ditto Denise

2 moms found this helpful
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M.W.

answers from Atlanta on

keep the case on him he has to pay from the date you filed

2 moms found this helpful
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M.C.

answers from Washington DC on

don't drop the case. the judge will eventually rule in your favor. getting your ex to pay the money is a different story, but at least you'll have a ruling in your favor for any future needs.

1 mom found this helpful

A.N.

answers from Albuquerque on

Dont drop it that is what he wants you to do they will still give it to you and then garnish his wages. Your baby needs it

1 mom found this helpful
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D.B.

answers from Charlotte on

.

1 mom found this helpful
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M.D.

answers from Pittsburgh on

Don't drop it! Your chid deserves his support financially since he seems to have bailed on the emotional needs as well. Let him run, but he can't hide forever. When he does surface child support can be garnished from his wages. I am sure that he is doing his best to make this difficult in the hopes that you drop it. Children are expensive and if he does not plan to be involved, why should you have to handle all the expenses on your own.

1 mom found this helpful
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A.H.

answers from Birmingham on

Unless he is willing to sign papers giving up his parental rights, do not drop the case, ever. If you drop the case now or ever, his lawyer can make a case for not reinstituting child support by saying you dropped the case before and gave up your rights to child support. Also, you don't need to have a high priced attorney. There are folks that work for the state who will work for you to get the money from your ex. It takes a bit longer to get your money, because he would pay the state and then the state will issue you a check, but once that is in place it works smoothly.

This guy has an obligation to his child and to you. He needs to pay. Pay or give up all rights to calling your child his. I know I sound angry about this and I am. I had to fight my ex every step of the way and the judge had granted me an income deduction order so that child support was taken directly from his paycheck...

Keep up the good fight! You can do it! The frustration stinks but make a deal with yourself to focus on getting this joker to pay for about an hour a week, then the rest of the time, let it go from your thoughts. He is the one being a fool and as your child gets older they will realize this. It took my son about 15 years, but now he knows what a joke his father is. If your ex leaves the country, good riddance. Then you can petition the court to take away his parental rights!

(Also, don't listen to Carol G. Sorry Carol, but you are wrong and sound a bit judgmental about divorce. Don't judge anyone until you have walked a mile in their shoes. This child deserves the money from his father or to have this lazy person out of their life forever. Plus the karma bank is hit or miss. My ex has millions of dollars, a new car, a new house, another new wife while my son and I have an old car, a house that needs repairs, and big college loans. BUT, I do have my son and that is worth more than anything in the world. I would still like the jerk to pay...)

C.G.

answers from Denver on

This will be the unpopular opinion but: when you got divorced you should have been prepared to do for your child - ALONE. It's a waste of time, money, and energy that would be better spent on your child.

Believe me, the Karma Bank and Trust is a harsh creditor and when they call in your husbands debt it's going to hurt him.

You can't 'make him' and the courts 'cant make him' do right by his child.

Stop fighting it, forgive and move on.

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