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Child support


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#1 bill69288

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Posted 21 February 2013 - 02:28 AM

I live in Idaho Falls, Idaho, I have had custody of my 2 daughters for little over 7 yrs now. My X-wife won't get a job, won't pay support, is a little over $4,000 behind on support. Court has awarded me almost $3,000 in attorney fees for her to pay, my old attorney has filed 3 different Contempt motions against her and won them all. Still she refuses to pay or get a job. My attorney now is sueing me for the money she is supposed to pay. Nothing I can do about that. She has 8 Felony Meth charges against her, 5 felony Meth convictions and 4 misdameanor meth convictions. She has done 5 days in jail for all of it.
Isn't there a way I can take her to court and hold her responsible for the Child support and have her A$$ thrown in Jail for it? I don't know if i have came to the right place or not or if you can even help me, i'm at my whits end.

Thanks,

Bill69288

#2 Ted_from_Texas

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Posted 21 February 2013 - 08:34 AM

You cannot force your ex to get a job, nor can you force any prospective employer to hire her, considering her criminal record.

You cannot have your ex thrown into jail. Only the prosecutor and judge can do that. You are free to speak to the prosecutor's office about possibly filing a complaint for criminal contempt of court for failure to pay child support, but as a practical matter how high to think that will be on the DA's list of priorities when to date they have only managed to incarcerate her for five days on multiple felony and misdemeanor drug convictions?

And even if she were incarcerated, how would that help you get your child support? She has already been held responsible for the support. The support order remains in place and continues to accrue arrears. One day when (if?) she straightens out her life and has some money or assets to attach, you can mount a meaningful action to recover what's owed you. Until then, perhaps it's better to write her off as a bad job, and move on without her.

#3 FindLaw_Amir

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Posted 21 February 2013 - 08:55 AM

Criminal contempt can bring punishment including jail time and/or a fine. To learn more about criminal contempt of court, you may want to visit the Criminal Law Center: Criminal Charges and read Criminal Contempt of Court as a good resource.
FindLaw's Legal Heads-Up! newsletter can provide you with the legal resources you need to make informed decisions when law touches aspects of your everyday life.

#4 bill69288

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Posted 22 February 2013 - 09:19 AM

You cannot force your ex to get a job, nor can you force any prospective employer to hire her, considering her criminal record.

You cannot have your ex thrown into jail. Only the prosecutor and judge can do that. You are free to speak to the prosecutor's office about possibly filing a complaint for criminal contempt of court for failure to pay child support, but as a practical matter how high to think that will be on the DA's list of priorities when to date they have only managed to incarcerate her for five days on multiple felony and misdemeanor drug convictions?

And even if she were incarcerated, how would that help you get your child support? She has already been held responsible for the support. The support order remains in place and continues to accrue arrears. One day when (if?) she straightens out her life and has some money or assets to attach, you can mount a meaningful action to recover what's owed you. Until then, perhaps it's better to write her off as a bad job, and move on without her.


I understand what you are saying, makes sense. It is just frustrauting how she gets away with all this crap for years (there is so much more that I could list its pathetic), yet a person that works for a living and tries to do right has to suffer in the end. It has taken its toll on my Daughters and Myself.
Thanks for the Advise, I'll do my best.




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