what to do if lawyer wont file child support claim

by Marquis Weissnat II 9 min read

Contact your local government child support agency. There are government agencies in every state that are charged with collecting child support for you. If you don’t have the money to consult with an independent lawyer about child support, you might want to investigate having a government agency pursue your case.

Full Answer

What to do if you can’t afford a child support attorney?

If you can’t afford an attorney, contact your local child support service office (typically referred to as the “Department of Child Support Services” or the “Office of Child Support Services”), which helps parents establish, enforce, collect, and modify child support.

What to do if your ex refuses to pay child support?

Sometimes, an email or letter from an authority figure is all it takes to encourage a parent to pay overdue support. If your ex claims he can’t pay, you may have to negotiate a payment plan, modify the child support amount, or head back to court.

What do I do if my child support checks stop coming in?

Unfortunately, no one has a magic wand they can wave over your ex and make your past due child support magically appear, but there are some steps you can and should take if your child support checks stop coming in. 1. Talk to your ex. Yes, I know how hard this is.

What happens if you don’t pay child support?

For one, an individual is subject to federal prosecution if he or she willfully fails to pay child support that has been ordered by a court for a child who lives in another state, or if the payment is past due for longer than 1 year or exceeds the amount of $5,000.

image

How much back child support is a felony in California?

In California, back child support over two years past due or in excess of $10,000 is considered a felony and can lead to a maximum sentence of two years in prison.

What is the statute of limitations for child support in California?

California has no statute of limitations on past due child support payments; child support is enforceable until paid in full.

How do I report non payment of child support in Texas?

Contact the Child Support Division of the Office of the Attorney General of Texas for further assistance at:(800) 252-8014.TTY (800) 572-2686.

How do I collect back child support in Texas?

If you haven't gotten financial assistance from the noncustodial parent, you can sue for back child support. You will simply need the help of a lawyer who is familiar with family court, as he or she can assist you with collecting the evidence you'll need to present the court in Texas.

What is the average child support payment in California?

The estimated average child support for 1 kid in California allowance is $430, and as per the article.

Does California charge interest on back child support?

Under California law, interest is added onto back child support at the rate of 10% per year. At this very high rate, it can become difficult and even impossible to reduce back child support.

How far behind in child support before a warrant is issued Texas?

six months behindYour ex must: Have an arrest warrant issued. Owe $5,000 or more in child support. Be at least six months behind in payments.

What is the minimum child support in Texas if unemployed?

For example, if the parent has a net income of $6,000 per month and supports two children, and then that parent intentionally becomes unemployed or underemployed to avoid paying child support, the court can say that the parent still owes $1,500 per month (or $18,000 per year) in child support payments.

Can you go to jail for not paying child support in Texas?

If the judge finds that you purposely failed to pay child support, you could be found in contempt of court for violating a court order and sentenced to up to six months in jail. In Texas, you can also be arrested for failing to pay child support.

What is the interest rate on back child support in Texas?

6%Interest accrues on the delinquent child support at the rate of 6% simple interest per year from the date support is delinquent. Payment considered delinquent if not received before the 31st day after payment due date. Texas also allows interest to be charged on retroactive support.

Who gets the interest on child support arrears in Texas?

A support arrearage reduced to a final written money judgment accrues interest at the rate of 10% per annum and accrues interest only on the principal and not on interest.

What happens to child support arrears when child turns 18 in Texas?

Usually child support ends when the last child turns 18 or graduates from high school, whichever is later. If your child has a disability, it might last longer. NOTE: if you owe back child support (arrearages), payments will continue even after the child turns 18, until the debt plus interest is paid in full.

Establishing Child Support

Enforcing Child Support

  • Once established, a child support order must be obeyed. If not, custodial parents may ask an attorney or their local Office of Child Support Services (OCSS) (also called the Department of Child Support Services (DCSS) in some states) for help. A delinquent parent may be subject to any, or all, of the following enforcement tools: 1. Wage Deductions ...
See more on divorcenet.com

Federal Prosecution of Deadbeat Parents

  • The U.S. Office of the Inspector General (OIG) can intervene in child-support cases where the non-custodial (paying) parent lives in a state other than where the child lives, and: 1. refuses to pay child support for over 1 year 2. where the amount owing is more than $5000, or 3. where the non-custodial parent travels to another state or country to avoid paying child support. The punishme…
See more on divorcenet.com

Getting Help

  • You can talk to an experienced family law attorney for help enforcing your child support order. If you can't afford an attorney, contact your local OCSS to see if they can help collect child support using one of the enforcement methods mentioned above. The U.S. Department of Health and Human Services' Office of Child Support Enforcement websitehas lots of useful information abo…
See more on divorcenet.com