The Best Books About Child Support
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Deadbeat Parents: What the Courts Can Do for You: As you are working to get your child support, you will find that there are many people who will not be helpful to you. It may happen for a variety of reasons; sometimes it will simply be because they are ignorant and don't know how to help you. They may not know how to obtain the information that you are requesting to give it to you. It's easier to be rude to you, than to admit that they don't have the slightest idea of what you are asking. Depending on what source you go to and to whom you speak they may be actively trying to protect the absent parent. And sometimes, it will be a combination of ineptitude and sheer meanness. Whatever the case, you don't have to feel as though you must beg for the information that you seek. If you have a legal and valid reason for digging into the personal financial life of someone, the law allows you to do it. SUBPOENA Let's say that you are certain that the obligor has accounts with an investment company, but you don't have any account numbers or any other means of proof. You call and/or write to the company and ask that they release the information to you on the basis that you have a judgment against their client. Not surprisingly, they refuse any information to you. If this happens to you, take comfort in the fact that you can subpoena any information that you wish to know from them. You can find out how many accounts the obligor has, how much money are in them, when they were opened, as well as any personal information that they may have on the obligor. They may have a current address, employment information, other bank account or credit information - and it is all available to you through a subpoena. A subpoena is a court order that demands that the entity being subpoenaed (the investment company, in this case) appear as a witness to answer questions. In this case you would want to ask questions about the obligors finances and other personal information that they may have. If you want them to bring supporting documentation (statements, deposit slips, etc.), you must file a subpoena "duces tecum". This requires that they not only appear, but that they bring whatever paperwork you want them to bring. In most cases, you will only need to file subpoenas as a scare tactic. JUDGMENT DEBTOR EXAM Sometimes the only person that can provide the information that you need is the obligor himself/herself If that is the case you will need to file a Judgment Debtor Exam. A Judgment Debtor Exam is similar to a subpoena in that the court is requiring someone to appear and answer questions. The difference between the two is that the subpoena is served upon any person, other than the obligor, who you would like to call as a witness, to come and answer questions about the obligor. A Judgment Debtor Exam is served upon the obligor to answer questions about his/her personal financial or whatever else may be necessary. The most difficult task when planning a Judgment Debtor Exam can be finding the obligor in order to have him or her served. In some cases you know where they are, you suspect or know that they have cash or assets, you just can't get to them. CONTEMPT OF COURT The person being charged with "Contempt of Court" faces jail time because they have not done what the court has ordered them to do. In your case, if your obligor is being charged with contempt, they have not paid their court ordered child support. Everyone is urged to utilize this method of child support collection, though it is not a cure-all. It may not work at all. Basically, what contempt of court will do is to drag the obligor into court to face the judge and explain why the child support payments have not been made. Rarely will a judge order jail time for an obligor with his/her first contempt of court charge. Usually obligors get far too many chances to pay before the Judge will order a warrant for their arrest. If the obligor is arrested, child support must be paid before the obligor can be released.
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| Divorce Tip: # 32 Alimony and Child Support obligations are debts which cannot be avoided by a Declaration of Bankruptcy. Sponsored by: Divorce Support Page |
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