what do I do?

[BLG]

What kind of proof, information, etc. do you need to carry your ex back to court for contempt? He refuses to pay c.s. and has even told me that his atty told him not to pay it. Also, isn't that unethical of his atty? The c.s. is court ordered.

[TC]

Doesn't sound like you can prove his attorney told him that, and I would question that in the first place.

As for proof....was he ordered to pay through Child Protective Services, or simply to pay you support?  If he had to pay  through DHR/DHS then there are records you can request.  If he is to simply pay you, then you can make the accusation and it will likely be up to him to provide proof he did pay....especailly if there is an Order in place mandating that he do so.

Understand that this is not going to be a quick process....if you get resolution in 6 months, I would consider yourself very lucky.

TC

[BLG]

I thought the same thing about his atty. But, he has stuck to his story and that has me wondering if he may be actually telling the truth for once.

It's not through DHR. It is a Court Order and there is an IWO.

[livealittle]

I thought the same thing about his atty. But, he has stuck to his story and that has me wondering if he may be actually telling the truth for once.

It's not through DHR. It is a Court Order and there is an IWO.

If there is an IWO, has it been sent to his place of employment?

If you are in Alabama, the easiest thing to do if you know where he is and where he's working is to register with DHR for collection. Then, all payments have to be made through the Alabama Child Support Payment Center, P.O. Box 244015, Montgomery, Alabama 36124-4015

If you already have an IWO, registering with DHR will take you about 4 hours on a weekday so you can go to their class and $25 unless you receive food stamps and/or medicaid. At least that's what it was when I registered in 2007.

Then, when he hasn't paid, you send him a certified letter stating how many months back child support he owes you and request payment in 10 days from the receipt of the letter. You send it certified with return receipt. Do this for 2 months, then file contempt for non-compliance with the order. My oldest son has a friend who's dad routinely gets several thousand dollars behind. His x-wife files like this and he pays on the court date so that he is technically caught up and not in contempt at the hearing. It's very hard on the child as 2x now, the dad has screwed up and not gotten it paid before court and had to spend the weekend he was supposed to have the child in jail.

Once his work gets the IWO, they have to withhold the money and send it in by law. As an accountant who runs payroll and has had several employees over the years with CS IWO's, if the work has it, it will get sent in. The disbursement centers generally have about a month turn-around time, so once this starts you do have to be patient.