Can u stop ex from seeing child if they don't pay support?

[Machiavellian Muscle]

I posted about this a few weeks back, but have to take any action. As I mentioned my ex is so irresponsible. She gets two four hour visitations per week and always comes very late or just doesn't show up w/out even a phone call.

She is neglecting paying her support for our 3 year old which is court mandated. It is adding up quickly. Can I tell her next time she decides to come that if she doesn't start being responsible and help her child out w/support don't bother coming? Mind you I have been paying for everything and not being able to go out and enjoy myself while she travels etc, lounges at the beach and gets off w/out paying. I am not resenting her freedom, but she should have some responsibility. So could I do this?

 

[ANVIL276]

You could since u have custody.
Get her wages garnished that way it will come off automatic
and u will always be sure to get the child support u need.
Hat's off to u Bro & Good Luck!!!

 

[AAP]

Not sure of the laws there, when I was in GA... if they had to pay through the Child Support Recovery Group and missed more than 3 payments, they had a warrant issued for them.

You can look into taking legal action. Next time you see a cop, just give him a casual question on it. Most are ready to help out BEFORE they get a phone call to come over when trouble starts.

 

[Machiavellian Muscle]

Thanks guys good advice. I cannot garnish her wages as she works just for cash. Wish things didn't have to be this difficult.

AAP I will take your advice and ask one of my friends who is a local police officer in regards to the warrants etc. Some people in this world are like worse than animals, at least animals take car of their young...

 

[AAP]

You might not can garnish her wages... but if it is under the table cash (not "tips") you can report it.

If she is a waitress, you can still garnish her wages, because I think they make like $2.75 an hour or something.

 

[Machiavellian Muscle]

Sadly she is a dancer. She works in the top clubs up in the NY metro and makes about 1grand a night. Brand new 2004 car, apartment overlooking Manhatten, designer clothing etc, avoids taxes and avoids paying support. When she got pregnant I told her we weren't ready, but she wouldn't have it any other way. After the baby was born one year later she took off and left me to pick up the pieces. Don't get me wrong I love my child more than life itself, but I feel like I never got a chance to make my life decisions. She decided to have the child not me, she decided to leave because she couldn't party sleep all day etc...so I guess I want to have her owe up to this responsibility. I told her life would be so hard with a child and I wasn't ready, now my life is really really hard doing this solo.

I think the laws should allow men to have more of a voice in the decision making process. This experience has made me a better person though and I love that little girl...

 

[Gemini_Man]

I think he said she is a stripper. Sorry you're still having problems with her, Mac. I think going to the police for info would be a good idea. It certainly wouldn't hurt.

 

[AAP]

You need a lawyer to aggressively pursue her ass. Go to the Family and Children Services and see what they recommend.

 

[john937]

Can you document she's going on vacations when she doesn't pay support?
That might help if you go to court.

My niece had a child by a deadbeat dad. He failed to pay mandated child support.
She eventually got it registered with some Texas state agency and they were garnishing wages.
Rather than pay he quit his job.
Eventually he was thrown in jail related to it...can't remember the charge.
She used it to legally have his visitation rights revoked.

You could probably scare her more with a call to the IRS.

 

[NeverHugeEnough]

Like everyone else said, talk with the lawyer that got you custodial rights he's already familiar with the case, and he'll be best equipped to resolve it. If he brings it to the courts they can attempt to put a lean on her wages, despite her being paid in cash, it can actually result in a warrant if she fails to pay. If you really wanna be a prick you may want to see what your lawyer can do about possibly bringing the IRS into the matter, I somehow doubt she's paying her taxes on her tips, which is required of course. I'm not sure how one goes about that, but I'd imagine if it's documented that she's rolling it in, yet she's claiming something like 12k a year or nothing at all he may be able to spur interest into her accounting habbits.

 

[ANVIL276]

Check with Child Support Recovery Group they may be able to help you.
Take the bitch to court it's not like she (excuse me "IT") can not afford to pay.
One word of caution if u have any juice around u may want to store it elseware she may try to use that against u.
My ex has pulled some nasty things on me.
Stay safe ! Your daughter is lucky to have u.

 

[Machiavellian Muscle]

Thanks guys for your advice. Wear condoms and don't trust the women when she says she is on the pill. Learn from my mistake. Well I wouldn't call it a mistake because I have my daughter, but you know what I mean because even if you don't want to have the child it is not your choice.

I contacted my lawyer the other day and he said probation will take care of it. However, I know if the debt accrues too long she will claim it is too large to pay off. So when she picks up my daughter I bite my teeth because I really want to give it to her, but she wouldn't care. The only way I figure I could get at her is by making her pay, so I am looking into alternatives...

 

[ZenMachine]

The short answer to your question is NO. You cannot keep the non custodial parent from visiting their child, even if they don't pay their child support (generally speaking).

Visitation is completely separate from support. If you deny court ordered visitation, you could easily find yourself in court and the judge won't care that she hasn't paid.

Like I suggested a couple of weeks ago, it sounds like your best course of action is to pursue child support through your local states Child Support Enforcement Agency. They will do what they can. They can attempt to garnish wages, take away her driver's license, report it to the credit bureaus etc. They do have resources available to them.