If CS is not paid, the courts where I live will first start wtih threatening loss of drivers license, other state licenses and yes eventually jail.   In my county, many times the jail will only be served on weekends, so the person can keep working.

Very few moms are COd to pay CS, and disproprotionately more are troubled, drugs etc.   In theory, same rules apply.  Many here would say moms are favored.  I have not seen stats. 

ETA -- a week late???  silly to even consider going to court

Getting lawyers involved because CS is a week late is ridiculous, a waste of time and resources. In my area, that wouldn't even really be considered late.

Visitation and CS are two separate issues and have nothing to do with each other. She cannot deny his visitation because of a late child support payment.

In some states, CS isn't considered late until its over 30 days late.  It seems a little ridiculous to go to court over 1 week, especially if the NCP usually pays on time.

 My SO’s order clearly states that missing child support payments are not an acceptable reason to deny visitation as well as saying that being denied visitation is not an excuse for not paying child support. BOTH parties would be in contempt of the order and subject to the consequences.

That being said jumping on one missing payment is a waste. Most courts won’t act until there is a significant amount past due because they understand life happens. If a parent loses a job the children still deserve to see that parent.

My SO owes back pay. I haven’t talked about it here but some stuff got screwed up at the very end when the divorce order was finalized. After a certain amount the court acted by adding a percentage of the past owed to his biweekly payments. So he pays his normal owed + 50ish extra. He is required to pay back ALL of what is owed even if custody changes and child support is dropped. On top of that we pay extra directly to the account when we can.

BM has no right to deny him visitation with the child and doing so wouldn’t benefit her or the kids. Denying them contact doesn’t make up for the missing money. It hurts their relationship with their father which is more important than money.

Yes some parents go too far but if a parent shows they are trying in good faith the children shouldn’t be denied a relationship with that parent.

Now as for penalties. After a certain amount is owed the court can do a few things. SO has lost his right to apply for a passport until the back paid is owed. Any tax refunds will be diverted to BM. If were to continue not pay they could take his drivers licenses. They also forcibly take child support directly from his check which prevents him from not pay as long as he has a job. In extreme cases yes the court will issue jail time and yes a parent can seek help from the court.

Again what it comes down to though is what’s best for the child. Children aren’t taken from parents who need assistance, they aren’t taken from parents who are homeless, they aren’t taken from parents who are sick. Being with a parent is more important to emotional health than money.  Yes money to provide for the kids is important. I’m not denying that but again it comes back to good faith. One missing payment doesn’t make a bad parent.

Also if I may. I’m reading the comments from you above. How can you support this woman who is intentionally trying to prevent the child from having a relationship with her father? Is dad a bad guy? If so seek direct court protection not a workaround. Picture if you have children with this woman and something happens and you break up. Do you want this same stuff done to you? Again if dad is bad that’s one thing.

This doesn't sound like a marriage but more like a minefield that you are constantly mapping out. Is it the thrill of the strategy that keeps you intrigued?

Personally your level of immaculate lists and checks and balances leaves me exhausted just reading it. I can't even imagine being in a marriage where it's a constant game of Risk.

Hate to break it to ya "Bud" but the majority of us here on ST are not amused in the slightest about dysfunctional homes when kids are involved. It is not surprising your wifes parents are as charming and disgruntled  too.

Poor kids who are involved.

Unless bio dad is in the clinker for drugs, DUI's, child abuse OR neglect --Low life material,,,IMO Doesnt sound like bio dad is a low life.

 all I can say is be very careful, you could be next.

Good luck with everything. Please remember we dont find your dysfunction funny at all.

To enforce parental alienation at all costs even wiping out and raiding her daughters college fund. Any minor costs for her daughter she associates with being legitimate charges from her college fund. 

This child will end up ready for college with no money in college fund and her mum washes her hands off the situation and tosses her to the side and blames the bio dad for everything and tries to screw him more. Thats what my husbands exwife did stealing over a million dollars from my husband and living as a so-called poor woman unwilling to spend anything towards her 3 kids. 

Her eldest daughter and son entered college solely with my husbands sole financial support. 

CS and visitation are not connected other than the CO stipulating which parent is the CP and which is the NCP.  Custody and CS are related but visitation and CS are not tied.  Non payment of CS does not cause the NCP to forfeit their time with their child.

Similarly CS is paid by the NCP to the CP each and every month even when the child is with the NCP.

Your DW can and has every right to go after her X for the CS she is owed.  I would caution her against taking legal action after only one missed CS payment.  Mail gets lost.  Judges generally do not take lightly to highly letigious and manipulative CP.. or NCPs for that matter.

I would suggest that you recommend to BioDad that he immediately have CS withheld from his pay and forwarded to your DW.  This way BioDad has zero need to discuss money with your wife.  If her CS is late, that is on the CSE office and not on BioDad.

My SS's SpermClan liked to play games with CS.  It was always set up through the CSE office though they would write checks or deliver cash to the CSE office and they would make the direct deposit to our account.   It was rarely consistent.  The CSE office would send whatever they received whitch was rarely the entire $110/mo.  It would come in $10 here, $50 there, and occassionally it took a few months for a single months total to be paid.   After our first court hearing CS was increased to $133/mo where it stayed for 9 years until my wife finally filed for a CS ammendment.  To eliminate the nickle and dime dribble deposits at that time my DW requested direct payroll withholding of CS from the SpermIdiot's checks.  That was interesting. He called crying about it and how his parents quit paying his CS for him once direct payroll withholding was invoked.   They paid every penny of his CS for him for 10 years.  When CS was raised and direct withholding invoked SpermGrandPa put his foot down and stopped the SpermGrandHag from paying CS anylonger.  After direct withholding was invoked, we never had another issue with consistency of CS deposits.

We never needed the money. But that is not the point of CS.  CS is designed to insure that a kid has the benefit of the incomes of both of their parents and IMHO so that the kid can see a demonstrable  action that their NCP cares enough to participate in the kid's support.

That you are well off is not the issue.  The issue is that BioDad should be stepping up and paying his CS.  Direct payroll withholding will make that happen and will shut your wife down in harrassing BioDad.

I guess I wouldn’t want to be in a relationship where my partner is still enmeshed with his ex. You’re the one who posted that your wife always complains about her ex correct? Now she sending lawyers after him? She still has feelings for him. Indifference is what she should be feeling, not anger. I have no feelings for my ex. I could care less of one day he lost his job and the child support stopped coming through, I could care less if he lived or died. I’ve been with my DH for four years and I’ve probably only mentioned my ex twice. That’s sad even FIL thinks he should die. Maybe FIL is in love with her ex too. She told you to not get involved in step related things to give her space to continue her relationship with her ex.

Here CS is considered due on the first of the month but is not considered in arrears until the end of that month.

As in one week is not in arrears.  Neither is three weeks.  As to when they start taking action to enforce I'm sure it depends on all sorts of things but the odds of any child support enforcement agency expending the resources over one month in arrears has got to be slim to none.

I'm sure if she could stop frothing at the mouth for 30 seconds to google her jurisdiction's handbook she'd find all of the info she needs.  It would likely contradict her wants, though so I suspect she wouldn't be bothered.

It is sad that your own child is cursed with this shallow and polluted gene pool.  Do what you can to protect your child.

Good luck.