NCP's vehicle taken for nonpayment

[anniewalker]

OK, we are still getting the details... but here is what we have so far:

Father found out in February that he is the legal father of this child (born the previous October).
He was ordered to pay Child Support of $50 per week.  Father is self employed and got behind... about $1,000 behind.  He went to get in his truck and go to a jobsite today and found it had been towed for non-payment of Child Support.

My question - shouldn't there have been a hearing and a court order prior to this?  I know, he should have been paying.  But my question is - before they (DHR, I assume) can take a vehicle that he has financed, he does not own it, wouldn't there have to be some sort of hearing or court order or something?

If anyone else has had this happen to them, I'd like to know what happened in your case.  I'll update you as more happens here.

[Lee Borden]

Dad should call the court that set his child support, or even better, go there and review his file - http://divorceinfo.com/blog/?p=386. He'll probably see the documentation on the seizure and be able to find out what needs to happen next.

[anniewalker]

Well, now it is starting to get weird.  The parties are all very young.  I hope this doesn't get confusing.
The baby's mother (we'll call her JANE) lives with her father.  Her father used to be a cop.
The baby's father (we'll call him HARRY) lives on his own, but his mama still supports him - a lot.

One of JANE's father's friends is the officer who accompanied the tow truck that towed HARRY's car.  That officer called HARRY's mama and told her that HARRY needed to pay his back child support if he wanted his car back.  The car is in HARRY's mama's name, not HARRY's.  So HARRY's mama asked what authority did they have to tow it?  He replied "an emergency injunction".  What?  No hearing on contempt, no letters from DHR, just an "emergency injunction" for $1,000 worth of arrears (the bulk of which is DNA test and court cost.  Only $250 in actual support payments).

So, HARRY's mom called DHR and they said they couldn't discuss the case with her.  So HARRY called DHR and they said they don't even have him in their system, yet!  Wow.  Talk about being backed up.  So, now he (HARRY) is getting an attorney and trying to see how to get his car back, press charges against the crooked cop and the tow truck driver, and get this mess straightened out.

This all started when JANE told HARRY that if he didn't want to be a part of HER life, then he couldn't be a part of the baby's life, either because they are a package deal.  HARRY does not want to be with JANE (he has a wife... another story there!!!) so he said "fine" and just quit paying support.  Wrong thing to do!  So.  What a mess!  I am glad my baby-drama is in the past!!!  Thanks for the feedback and pointers.  HARRY's mom is going to get a copy of his case file, for the criminal case against the fools who stole HARRY's car. 

If anyone wants updates please PM me.  I don't want to clog the boards anymore with this, since it appears to be "Dog The Bounty Hunter"- style child support collections!