T.R | Title | User | Personal Name | Date | Lines |
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289.1 | | AIMHI::RAUH | I survived the Cruel Spa | Mon Dec 27 1993 07:36 | 24 |
| Best is to get an attorney on this, and get yourself some help from
orgs that roust up non-paying NCP's. There are lots of help. If there
is ruffly a $10,000 back pay. He is then qualifiable for the deadbeat
parents list which the locals will proudly display his face in the
local post offices.
He cannot stay underground for any length of time with his living
expences. So, wait till he surfaces and vola! Fire port side guns!:)
Things to thing about is getting his copies of his IRS filings. Getting
simple things of where he lives, how much rent does he pay, or doesnt
pay. What kinda car is he cruzen in stuff like that. THEN!..... you
drop this under the judges gavel and he is tener vidials if he is
lie-ing in any way shape of form of the matter.;)
There are things like pay attachment that will pay for it all. But IF
your friend is not truthful, and has been getting suppor all along, she
might find herself up against the ex for counter claims and other
retrubutions. There was a case like that here that was like the senerio
described. And she thought she would be a funny lady. Welp.... She now
owes him some money and she has to pay for his attorney fees, his time
off from work and a few other incedentials. Such is life when you screw
with the Gods.
|
289.2 | support | CSC32::S_CONNOR | | Wed Dec 29 1993 11:55 | 13 |
| Thanks for the reply...
How does one calculate the 10,000? What if the ex says that during period
a - x he wasn't working, so he couldn't pay the amount specified in the Decree?
Or, he had a lesser paying job, so the amount wasn't based on his new income?
Any idea what orgs chase down the dead-beat Dads. Are they empowered by
law, or just like detective kind of guys?
BTW, I'm in Colorado, so these orgs may be different state by state.
thanks,
-steve C.
|
289.3 | | AIMHI::RAUH | I survived the Cruel Spa | Wed Dec 29 1993 13:10 | 30 |
| If this person has not filed a motion to reduce child support and is
not working, and has not done the proper things to cover his tush, then
he is an open wound and your call.
So if the final decree says he pays , say $50 per week. And he isnt
paying, your allowed to collect. And if he is working under the table,
you can get the IRS in his face, you have to find out what he is paying
for rent, food, etc. Does he have any luxurie items like a sail boat, a
snow mobile, etc? Celular phones? Many personal items must be present
some place? Have him make a statement if income via the courts, and
find holes with the above mentioned items. You can call info for your
local IRS. And there is your local state welfare and child agencies to
call.
I think the first thing I would do is:
1. Get him to court on contempt of non payment,
2. If he cries poverty, no job, get him to get his butt out there via
court order. Say he must interview 3-6 jobs a week. And have a letter
sent to the courts stating that he was or was not qualifiable.
3. Get his IRS statements for the last um-teen years or so.
4. Find out what he is doingliving on a life style. Does he live with
momma, a girl friend, etc?
5. Start calling local agencies to figure out what avenues you have to
make him pay, like the deadbeat program.
na
p0lace?
r
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289.4 | becomes debt | CSC32::HADDOCK | Don't Tell My Achy-Breaky Back | Wed Dec 29 1993 13:14 | 15 |
|
In Colorado, unless the amount to be paid is changed by the court,
the amount to be paid becomes a debt payable and collectable as
any other debt. The "duty to pay" also includes the duty to pay
back unpaid support payments. He cannot be thrown in jail if he
_cannot_ pay (ie. has no income), but the amount not paid then
becomes a debt that can be colledted later. Therefor the amount
he owes is (amount_ordered_for_each_month * number_of_months_order_
in_effect) - amount_already_paid.
fred();
|
289.5 | | AIMHI::RAUH | I survived the Cruel Spa | Thu Dec 30 1993 13:06 | 5 |
| ....alsso he cannot file bankruptcy and squash down or discharge any
banck owed child support. Talking to one who had to file reciently and
had that question asked.... but!! I am a custodial daad man!:)
zo
|
289.6 | | ROMEOS::HINDLEY_DO | I Think, therefore I'm single! | Tue Jan 25 1994 12:25 | 22 |
| From experiences in California:
As long as the father does not have a job (or works under the table) he
is NOT subject to jail time. The amount of arrears just grows. He is
not asked to look for work or try to do anything to support the
child(ren).
If the district attorney handles the collection of payments(as in my
case) any information YOU have is desperately needed to help in
collecting child support. i.e. where he is working, where he lives,
etc. Federal income taxes will be intercepted (forever - until debt
paid) and California State taxes may be intercepted until the child is
of legal age or by agreement of the court.
The woman that is being harassed for back taxes from her ex filing a
joint return has some protection for the law. She needs to request a
copy of the prior years returns from the IRS and go to a tax preparer.
There is a defense she can use (something like spousal ignorance) that
in effect states she had no prior knowledge of the "wrong-doing" and is
exempt from the penalties. Of course, if she is the only one reporting
income the IRS will be hounding her as the only resource to recover the
debt. Good luck!
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