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Issue on child support

Ann's picture

I would like some advice on this one please. The biomom of our son does not pay her child support agreement to the court like the order states. Every now and then she pay my husband $50.00 (not very often). We just found out she is $17000.00 in the rears and there is a warrant for her arrest. We have never pushed the issue because if she gets upset about something it causes problems for our son; if anything happens with his mother he feels sorry for her and takes up for her no matter what and once this happens we will be the bad guys and he is going to get upset with us and say it is our fault. She does nothing for our son but he still will defend her to the end. So my question is how do you think we should handle this one? She has two daughters from her current marriage and we really would hate to see her go to jail for all of the children’s sake. Any advice would be appreciated.

Comments

SympatheticBioDad's picture

Sounds like she needs to work out a payment plan with the State or go to jail. I'm sorry, and I know how it will effect the child, but if there was a court order to pay support and she didn't pay it's her fault. I'm not sure there is even anything you can do about it. It's not you that has caused the State to act, it was her.

The best you can do is try to explain the facts to your son. He may not listen or believe but it's the best you can do. It would be different if BM wasn't paying through the State. Then you could handle it on your own.

Good luck.

Nise's picture

I don’t know where you’re from but where I live, Ohio, there is nothing that you can do. Failure to pay child support is a violation of a court order and when people violate court orders, the court issues a warrant…it is as simple as that and if that is the case in your state, that is what I would explain to the stepson in terms that he can understand (depending on his age of course). I know that it is hard to deal with emotionally for you, ss and your husband and her family will take a hit if she has to do time…but if she is married, it is her new husband’s responsibility to keep her out of jail (i.e. help her pay her support on time!!) he is just as “responsible” for the ss as you are b/c he is his ss too and if he is any kind of man he would want to make sure his needs were met….also, if the shoe was on the other foot and your husband was the one behind…every court in America would throw him under the jail…it is time that these half @#$ mom’s are held accountable too!!!

happy mom's picture

If you really want to collect child support then taking her back to court what you should do. If she can't afford child support, then an agreed amount should be set and have both parties sign, the court can figure that out for you guys. If money is not a concern, I would just fight for full custody of the child and all rules set forth is to be followed by biomom, visitation is determined by you guys. Depends on your situation and what your goal is.