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#215826 - 03/30/09 10:09 AM How do I collect back support? sm
mtmom_2 Offline
New User

Registered: 03/30/09
Posts: 4
My ex-H is a couple months behind on support and shared medical co-pays for our daughters. How far behind does he have to be before I can take him to court, and where do I go to file papers? Some funds I get via direct deposit, but the remaining balance is paid by personal check and is 3 months late. I assume I don't need an attorney to pursue this. Thanks.

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#215830 - 03/30/09 10:47 AM Re: How do I collect back support? sm [Re: mtmom_2]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
Start by making sure you've notified him of the deficiency via certified mail.

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#215833 - 03/30/09 11:07 AM Re: How do I collect back support? sm [Re: BeaverFever]
mtmom_2 Offline
New User

Registered: 03/30/09
Posts: 4
Yes, thank you. That's a good idea!

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#215842 - 03/30/09 11:52 AM Re: How do I collect back support? sm [Re: mtmom_2]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
One of the things that will happen is that when you get into court, the judge will want to see that you have tried to the extent possible to resolve the issue without getting the court involved. Ergo, you'll want to exhaust every means available AND keep records before taking anything to court.

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#215850 - 03/30/09 12:34 PM Re: How do I collect back support? sm [Re: BeaverFever]
mtmom_2 Offline
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Registered: 03/30/09
Posts: 4
I appreciate your advise. I've tried communicating via e-mails and he ignores me, so I think a certified letter would be my best option now.

He communicates nothing to me as to why payments are late, or even that he'll pay it on another date. I get no feedback whatsoever and it's very frustrating. He doesn't answer phone calls or voice mails. I'm sending the certified letter to his parents' address as I'm sure they see him. I don't even know if he's at the last address I have for him.

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#215853 - 03/30/09 12:45 PM Re: How do I collect back support? sm [Re: mtmom_2]
BeaverFever Offline
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Registered: 11/29/04
Posts: 6787
Loc: Houston, TX
"I don't even know if he's at the last address I have for him."
Send it to the last valid address you have for him. If that gets returned, send it to his parents' house.

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#215871 - 03/30/09 08:11 PM Re: How do I collect back support? sm [Re: mtmom_2]
HevnMaidMe Offline
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Registered: 12/03/04
Posts: 4058
http://ocse.acf.hhs.gov/ext/irg//sps/selectastate.cfm

Click on your state on this map and look under the enforcement category to see if you can get a clearer idea of how far behind they need to be in order for the court to take enforcement measures.

You will probably need to contact your local county child support enforcement unit. They in turn will help you prepare the paperwork for court, give you instructions for serving the papers, and set a court date. You should not need an attorney as long as they assist you and you have a good paper document trail.

I'm in agreement with Beaver on sending certified mail. If you have copies of medical statements that the NCP is responsible for sharing, include copies of those. If the mail is returned to you, do not reopen them. You can show the court that you used due diligence and timely manner in submitting these to the NCP for reimbursement.
_________________________
When you know better, you do better -- Maya Angelou

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